Terms and Conditions

Kymberleejay.com is owned and operated by BFI Consultancy Limited, a company incorporated in England and Wales under company number 11242391. Our registered office is at 71 – 75 Shelton Street, Covent Garden, London, WC2H 9JQ.

By visiting kymberleejay.com and its associated sites and subsites, you are consenting to our Terms and Conditions and our Privacy Policy. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you MUST NOT use the site and subsites.

Overview

The terms “we”, “us”, “our” and “Kymberlee Jay”, “The Bookshelf”, “The Consultancy Vault”, “More Clients Mastery”, “Engineering Extraordinary”, “Rapid Fire Coaching”, “Book Smart Sessions” and “Land the Brand” refers to BFI Consultancy Limited.

The term “Site” refers to kymberleejay.com and all online portals, membership areas and online learning sites connected with BFI Consultancy Limited.

The term “user,” “you” and “your” refers to all site visitors, readers, members, customers, clients and any other users of the site.

BFI Consultancy Limited provides websites where users can read articles and download resources on business strategy, branding, sales, marketing and design, and a service where users may purchase online memberships, subscriptions, classes, workshops and products (both physical and digital) related to marketing and small business management (known from this point on as the “Service”).

Use of kymberleejay.com, consultancylibrary.com, consultancyvault.com, moreclientsmastery.com, moreclientsmastermind.com, engineeringextraordinary.com, landthebrand.com and other sites owned by BFI Consultancy Limited, including all materials presented herein and all online services provided by BFI Consultancy Limited is subject to the following Terms and Conditions.

These Terms and Conditions apply to ALL site visitors, readers, members, customers, clients and any other users of the site. (So basically, if you’re clicking around on this here website, we’re talking to you right now and you gotta strap in and pay attention!)

We might revise and update these Terms of Use from time to time when we think we need to. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding (so if you miss an update to our Terms of use, it’s on you to check it out and make sure you agree to the new bits, Homeslice)

By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. (That means the old “I didn’t see the terms” thing won’t wash. Not even a little. Not even if you include a bit of a cry. Nada.)

Use of the Site & Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site (If you’re not old enough to buy a glass of wine in an overpriced hipster bar in London, England, it’s time for you to click the little ‘X’ and find something a bit more age-appropriate we’re afraid. We do admire your entrepreneurial ambition but you can’t join in, access or use this website young grasshopper. Make sure you pop back once you’ve hit that eighteenth birthday though, we’d love to have you!)

Information provided on the Site and in the Service related to business strategy, branding, sales, marketing, design and other information are subject to change. We’ve done our best to ensure that the information provided on our Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website. (Because no-one’s perfect…apart from Dwayne ‘The Rock’ Johnson, he seems pretty close…But not us. Nope, definitely not us. So, if you find something that doesn’t work for you or something you don’t think is right, or something you don’t like, it’s up to you to stop reading and walk away, or find someone else to give you the right advice)

Account Creation

In order to use the Service, you are required to provide information about yourself including your full name, email address, username and password and other personal information. (We don’t need details of the weird thing you’ve got growing on the side of your foot, you can keep that to yourself)

You agree that any registration information you give to us will always be accurate, correct and up to date (your cringeworthy pseudonyms can stay in the early 2000s along with your Myspace account – there’s no need to hide your real name anymore. Similarly, if you change any part of your registration information you should let us know so we can update everything on our side and keep things all shiny and correct as much as possible)

If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat this information as confidential, and you must not disclose it to any other person or entity (Sssshhh! Don’t tell anyone. Not even your bestie – pinky swear?)

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. (even if they ask you nicely. It’s just for you, okay?)

You must not impersonate someone else or provide account information or an email address other than your own (no pretending to be someone else, even if you think it might be fun. You’re only allowed to use your own name, email address and personal details here otherwise you’ll be outlawed)

We want to keep our systems secure, so you agree to let us know immediately of any unauthorised access to, or use of, your user name or password or any other breach of security (even if you don’t think it’s serious, let us know. We want to keep everyone – especially you – safe and sound, so if you think you’ve been “accessed unauthorisedly” just drop us a line in case we need to send the boys round on your behalf)

You also agree to make sure that you exit from your account at the end of each session. You should be particularly careful when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information (yeah, we know that old-timer on the local library computer looks harmless, but you can never be too careful…)

We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use (Meaning if we catch even a whiff of naughty behaviour from you, we’re going to need to shut down your accounts, so please play nicely because we hate having to do that)

Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (This means absolutely no illegal shenanigans, okay? We don’t care if it was acceptable in the ’80s, if you’re not allowed to do it now don’t do it at all otherwise we’ll need to banish you, also known as “refuse service” …see below for more on that.)

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. (Please make purchases responsibly. Whilst sober. With your own money. And make sure that any purchases you are making are for your private use only, you’re not allowed to sell our stuff on to someone else under any circumstances unless you have written permission from us to do so. And we know that you haven’t got that permission. So just don’t, eh?)

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. (In short, don’t attempt to start any villainous behaviour on any of our platforms, sites, portals or login areas. We’re experts in troll annihilation…it definitely won’t end well for you)

Refusal of Service

We reserve the right to refuse service to any order, person or entity without obligation to assign reason for doing so. (We’re not for everyone, and everyone isn’t for us. If you’re trying to join one of our things and we think it’s better that you didn’t, we’ll just say no and move on without things getting awkward)

We reserve the right to limit the number of participants in any given online membership, program, class or workshop. (There’s nothing worse than squeezing into the back row of a packed room trying to learn the thing happening down in front. So, to avoid anyone having to go through that, we might limit the number of people we allow into our “room” to make sure that if you’re in you’re comfortable with everything you need and a great view)

We may at any time change or discontinue any aspect or feature of the Site or Service. (Sometimes things just don’t work out. Rather than go through the whole “trying to fix it” schtick we prefer to quickly break up, take back our CD collection and move on to better things – it’s best for everyone and everything involved, wouldn’t you agree?)

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible (We try to be “all-seeing and all-knowing” but sometimes things slip by so we’ll need you to let us know if there’s a mistake in your order)

If you’ve signed up for a subscription or membership with us, this will renew automatically and your payment card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period but we’ll let you know if this is the case. (Unless you tell us otherwise, we’ll assume that you’re happy to stay in our gang and we’ll automatically charge your card again for the associated fees so that you don’t lose any access. If the fees for your membership go up, we’ll let you know via email and you can let us know if it’s still okay)

Your subscription or membership will start as soon as your payment card is successfully charged. All credit/debit card charges will be managed by BFI Consultancy Limited. (Just in case you’re wondering “what the hell is this?” on your payment card statement, it’s only us )

If you have signed up for an online program, class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the program, class or workshop. We will email you separately to confirm that you have been accepted and have a place in the program, class or workshop. (So, before you pop any corks, just hang on for our “you’re in!” email, it’ll follow on shortly)

If you have submitted a deposit or payment in full for a service, we have the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full. (Again, sometimes it just might not work out. If this is the case and you’ve paid us some money, we’ll let you know before any services begin and return your payment)

Cancellations, Refunds & Returns

Upon your payment being processed (whether you have chosen The Vault or More Clients Mastery) you will be granted immediate access to all of the digital content available in The Vault, as well as the applicable coaching sessions and workshops. As this process cannot be reversed, no refunds will be given for any membership fees already paid. You may cancel monthly or yearly membership payments at any time up until 3 days before the renewal via your account page. (In other words, there’s no backsies with memberships and subscriptions to any programs we offer. You gotta determine whether a program, subscription or membership is right for you by reading the information on our Site. If you’re not sure, walk away, because whether you decide to pay per month or get the discount by paying in full/per year, you’re in for that time and there are absolutely no refunds. If you don’t want to be charged again you can cancel your next payment up to 3 days before it happens, and wave buh-bye to all of these awesome business growth goodies – capiche?)

The “Engineering Extraordinary” private coaching program has a separate refund policy. You can review this by clicking here.

Product Description

We make every effort to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. (We’ve said it before, we’re not perfect, so please don’t hold our mini-fails against us or demand that we give our products and services to you for next-to-nothing because the decimal point in the display price was in the wrong place)

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site any content protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any content is not right-protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from your submission and shall indemnify us from any claim against us resulting from your posting of content to the site. For all content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the content, and that the use or display of the content will not violate any laws, rules, regulations or rights of third parties. (If it’s not yours or you didn’t create it, please don’t post it anywhere on the site pretending that it is yours or you did create it. If you do and the original creator comes-a-knocking, we’re going to point them in your direction so that you can have all of the fun that comes with handling the legal fees)

We reserve the right to remove any content submitted by you to the site deemed inappropriate for the site or that appear to violate these terms and conditions (If we don’t like something you’ve submitted to, or posted on, our site then we’re definitely going to take it down. If you think we’re wrong in doing this, it’s probably best you look for a new site to play with)

Intellectual Property Rights to Your Content

We do not claim ownership of content that you supply to the site. However, the act of posting content to the site conveys an irrevocable, worldwide license to us to use and distribute the posted content in connection with the Site and any related publications, products and services. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Content to the Site, you agree to hold us and our associated partners, companies and affiliates harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. (We’ll never pretend that we own your ideas or take credit for any content that you post, cause that’s not nice at all. But if you do post content to the Site that we like, we might use it in our own stuff whilst mentioning you. If we do then you agree not to get cross and try to take us to court. If you’d rather we didn’t use your stuff, please don’t put it up anywhere on our site.)

Our Intellectual Property

All content provided on the Site and in the Service, including all products and all online subscription, membership, program, project, course, session, class and workshop materials are the intellectual property of Kymberlee Jay as BFI Consultancy Limited. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. (We work hard to come up with everything you see on this site and everything in all of our products and services, so you’re definitely not allowed to take any of it and change, share, broadcast, sell, “be inspired by”, give away, show or copy it or do anything else that means you get to benefit from our hard work unless we give you written permission. You also can’t pretend that you can’t/didn’t see any trademark or copyright notices – we both know they’re there. If we do find you doing any of this fiendish nature, we’ll ban you from the site and ask our legal big siblings to make sure you get a few days in court and a mighty large bill for your trouble.) 

Kymberlee Jay as BFI Consultancy Limited is licensed to teach the Book Yourself Solid® system, created by Michael Port, based on the best-selling book, Book Yourself Solid®. Certain materials contained on this website may be the copyrighted works of Michael Port & Associates LLC. Neither Michael Port nor Michael Port & Associates LLC is an affiliate, sponsor, or partner of this website or the individual(s) who own and operate it. Book Yourself Solid® is a registered trademark of Michael Port & Associates LLC. (We love Michael Port and his bestselling system called “Book Yourself Solid®” so much so that we asked him nicely if we could use it to help our users, members and clients to do incredible things with their businesses too. He said “yes”, we are delighted and here we are. We just need you to know that because he’s allowed us to have that license, it doesn’t mean he’s our partner or sponsor or affiliate or anything else. Basically, we can’t give you permission to license or sell anything “Book Yourself Solid®” based so don’t attempt to use any of his stuff without clearing it with him first. And don’t call him if you don’t like what we’ve done with Book Yourself Solid, he’s happy with our evolution of the program and way too busy on a boat somewhere warm right now.)

Affiliate Disclaimer

We may receive commissions when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you. (Sometime we might share a link with you to a program, product, software or app that we think is awesome. We’re sharing the link because we use it or have done in the past, and we think you’ll love it too. When you click the link and buy the thing, the owner gives us some of the monies in return for recommending it in the first place and it doesn’t cost you anything extra whatsoever – everyone’s a winner baby!)

Changed Terms

We may at any time amend these Terms and Conditions. Any amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. (We kinda mentioned this earlier, but it’s important so we’re going again for the people in the back. Every so often, we’re going to need to update these terms and conditions so we need you to check in regularly to make sure you still agree with them. If you’re using the site then we assume you’re still alright with everything. We’ll always include the date every time we update, so you’ll know to have a read if it’s past the last time you looked) 

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Kymberlee Jay as BFI Consultancy Limited is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. (This comes down to that “we ain’t perfect” thing again. If you’re using this Site and our Service, you’re agreeing to do so at your own risk. We can’t be held responsible for anything ghastly that happens to you – online or offline – as a result of you using this Site and our Service… we’re just not tough enough to handle EVERYTHING that goes wrong, so if you’re here then you understand that it might, and it’ll be pants and that’s pretty much all we’ll have to say about it).

The aforementioned applies even if we have been advised of the possibility of, or could have foreseen, the damages. In those parts of the world that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall BFI Consultancy Limited’s cumulative liability to you exceed the total purchase price of the Service you have purchased from us, and if no purchase has been made by you, BFI Consultancy Limited’s cumulative liability to you shall not exceed £75. (In some U.S. States and other parts of the world, we know that we can’t be excluded from being liable for any damages – and that’s okay. But you agree that we’ll only have to pay you back the total amount that you’ve paid for the Service, or, if you’ve never bought anything from us, the maximum amount you can ask us to pay you in damages is £75. That’s all we’ve got. Sorryboudit.)

Third-Party Resources

The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Kymberlee Jay and BFI Consultancy Limited. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. (Sometimes we link to other stuff away from our own website because the last time we checked, it was pretty useful. As the links lead to websites and resources that don’t belong to us, we can’t be responsible for what’s happening by the time you get there. Also, just because we link to it doesn’t mean that we’re working together or we’re BFF’s or anything like that. It was just cool at the time, you might like it now, or you might not. Either way, you can’t blame us if you don’t like what you find at the other end.)

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, legal fees and disbursements, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent. (If you decide to breach these terms and conditions and our legal big siblings pull you up on it, you can’t blame us for any of it. You might think we’re blowing things out of proportion, but unfortunately, you’re going to have to see it through to the end – even if you lose everything because of it. Also, if we ask for absolutely any stuff related to your defence, you’re going to need to give us access to it without charging us for the privilege. Finally, you can’t settle with anyone else or choose not to have any defence unless we say so in writing. None of this would be fun, so let’s just all agree to play fair and abide by these terms so we can stay friends)  

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. (Basically, the headings etc. in this thing are there to make it easier to find bits of information, you can’t judge us on them and if they’re in the wrong places everything in these terms still stands)

Waiver

No waiver of any of the provisions of this Agreement by BFI Consultancy Limited shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by BFI Consultancy Limited. (If you breach these terms and we don’t notice until later on, or after you’ve done it again, we’re still able to take action for the first breach as well as the second or third etc. at any time in the future even if the breaches are kinda the same so we could look at them as one thing. We won’t, though. So just don’t do any breaching and everything will be all good.) 

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

BFI Consultancy Limited,
71 – 75 Shelton Street,
London, WC2H 9JQ

(Need something from us in writing? You’re going to need to write to us first so we know what you need and where we gotta send it. Just pop your request in the post to the address above and we’ll get right on it.) 

Governing Law & Jurisdiction

The Law of England and Wales governs the use of kymberleejay.com and any related sites and subsites belonging to BFI Consultancy Limited, and in the event of a dispute, you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales. (We’re English, we can only do legal things in England according to the Law in England and Wales, so we’re sticking to that and you’re going to have to do the same if you want to use our websites dahhlings.)

Unless otherwise specified, all contracts entered into with BFI Consultancy Limited shall be English contracts and shall be governed by and according to English and Welsh law and in the event of a dispute shall be subject to the exclusive jurisdiction of the Courts of England and Wales. (One mo’ time with the English thing, if you dispute anything in our agreements or terms you’ll have to do it with us in the Courts in England and Wales.) 

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. (If you or your clever clogs cousin who just graduated with a degree in Environmental Law finds something in these terms that doesn’t quite hold up, absolutely everything else still stands. So basically, one itty bitty mistake in a clause only affects THAT clause, it doesn’t void this entire thing, even if you cross your fingers really hard. Thanks for playing, though.)

Contact Us

Kymberlee Jay as BFI Consultancy Limited welcomes your questions or comments regarding these terms. Feel free to get in touch using the details below:

Kymberlee Jay
BFI Consultancy Limited,
71 – 75 Shelton Street,
London, WC2H 9JQ

Email: help(at)kymberleejay(dot)com

Last Updated: August 2020

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