The following Terms of Enrolment govern your participation in the Program presented by Awakening Fertility Ltd (“Company”, “we”, “us” or “our”). Please read these Terms of Enrolment carefully. By enrolling in the Program and visiting and using the Program Portal/Membership Site (the “Site”) you agree that your use of our Site, participation in our Program, and use of Program Materials is governed by the following terms and conditions, together with our Terms of Service, Privacy Policy and other disclaimers or notices which we may include on our Site or in our communications with you.

Program Details

We are committed to providing all participants with a positive experience. Thus, Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media based or digital without refund or forgiveness of remaining payments if:

• you become disruptive or difficult to work with;

• you fail to follow the program guidelines; or,

• you impair the participation of our instructors or participants in our program(s).

You hereby acknowledge and agree that:

• seeking assistance and support for fertility can be an emotionally stressful time. You confirm your commitment to be a positive influence within the Fertile Lifestyle Course community.

• Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.

• All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company or its designated facilitators, or any other source, oral or written (the “Program Materials”), are for personal use in or in conjunction with this training program only.

• Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.

• The information contained in Program Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

• We assume no responsibility for errors or omissions that may appear in any Program Materials.

• User names and passwords may not be shared with any third-parties.

• Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrolment without refund.

When addressing fertility success matters in any of our websites, videos, newsletters, provision of our services or other content, we’ve taken every effort to ensure that we accurately represent our services and their ability to naturally enhance your fertility and improve your life. However, we do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing on our website(s), online community or the Program is a promise or guarantee to you of future fertility success.

All content created by us is for informational and educational purposes only. Any statements made by us or in the provision of our services have not been evaluated by a health practitioner or medical doctor. None of the content or products offered by us are intended to diagnose, treat, alleviate or relieve any medical or health conditions.

Our services are not intended as a substitute for the advice provided by your physician or other healthcare professional. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

We respect your privacy, and your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.

Thus, you agree:

• not to infringe any Program – participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;

• that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;

• not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;

• that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorised by the Company;

• the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;

• that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

This clause is applicable where, during the promotion of the Offer, we clearly include a written money back guarantee in the promotion of the Offer, using words to the effect of “money back guarantee”.

A full refund will be provided only if you do the following:

• Watch every lesson in the Fertile Lifestyle Course; 

• Implement lifestyle changes as taught in the Fertile Lifestyle Course over a consistent 60-day (or more) period, and provide evidence of the same; 

• You notify us in writing by completing and signing our cancellation form and sending to support@awakeningfertility.com declaring that the Program has not provided any tangible benefit to you and attach pdf or screen shots of the following gynaecological tests confirming that your fertility biomarkers have not improved since completing and implementing the Program. The following test results must be provided:

• a monitored cycle test (Cycle Test) undertaken within 30-days of completion of the Program; and

• a Cycle Test evidencing your markers prior to completing the Program, which was undertaken not more than 3 months prior to commencing the Program; and

     ∙ the Cycle Test must include:

          ∙ FSH and E2 between days 1 – 3; and

          ∙ follicle count, progesterone levels as well as an ultrasound to check lining around day 21 (e.g. days 19 – 23).

If, upon production of these gynaecological tests it is apparent that your fertility biomarkers have not improved from implementing and completing the Program, we will provide a no questions asked money back guarantee.

Our cancellation form includes a legal declaration that you have implemented the Program, in accordance with instructions provided in the Program, and have not received any tangible benefit from the Program.

Within 14 days of receipt of a duly completed cancellation form and satisfactory gynaecological tests we will authorise a refund of the full amount paid for the relevant Program less any non-refundable expenses, including but not limited to postage, handling and the retail cost of any supplements provided.

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use, misuse, non-use of, or the inability to use, the program materials, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

The program materials, private Facebook group, and site are continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

Any information contained in the Program is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information in the Program for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have learned in the Program. Information provided in the Program and the use of any products or services purchased by you on our website/ service or part of the Program DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with Us or the Program. Information and statements regarding dietary supplements available in the Program have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials during the Program. Thereafter, your right to continue to use the Program Materials is subject to your continuing obligations, including but not limited to paying the applicable fee(s). You agree to:

• constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company;

• not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;

• not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

• at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program Materials, and shall maintain appropriate customary high-quality standards; and

• you shall abide by Company’s suggestions and specifications regarding quality control over the use of the Program Materials.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Fiona Boulton, or any other speakers, presenters, or other practitioners affiliated with the Program, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Materials, trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have the right to approve all uses of the Program Material or derivative uses thereof, which shall include, but not be limited to any spoken or written review of the Program or Program Materials, in any form without prior approval.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorised use of the Program Materials (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

If a dispute arises in connection with this Agreement or the Program, a party to the dispute must give to the other party to the dispute notice specifying the dispute and requiring its resolution under this clause (“Notice of Dispute”).

After the receipt of a Notice of Dispute, the parties to the dispute must negotiate in good faith to resolve the dispute.

If the dispute is not resolved within 21 days after the Notice of Dispute is given to the other party or parties (“First Period”), the dispute is by this clause submitted to mediation. The mediation must be conducted in London, United Kingdom in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties. The mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (“ADR Notice”) to the other party(ies) to the dispute requesting mediation. A copy of the request should be sent to CEDR. Unless otherwise agreed, the mediation will start not later than 21 days after the date of the ADR notice.

The parties must pay the mediator’s remuneration in equal shares. Each party must pay its own costs of the mediation.

If the dispute is not resolved within 28 days after the appointment of the mediator (“Second Period”), the Parties will be free to resolve the dispute by any other means they deem fit.

The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England for the purpose of hearing and determining any dispute arising out of or in connection with this Agreement or the Program, or its formation or validity and for the purpose of enforcement of any judgment against their respective assets.

Any provision that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining terms nor affect the validity or enforceability of that provision in any other jurisdiction.

We do not warrant that the content of our website(s) complies with the laws of your country or jurisdiction. You accept responsibility for ensuring or confirming compliance with all laws that apply to you.

Nothing on our website(s) constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

If any provision of this Agreement is prohibited or unenforceable the unenforceability does not invalidate the remaining provisions of this Agreement.

The failure of any party to insist on the performance of any obligation contained in this Agreement shall not be deemed to be a waiver of such obligation.

Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.