T's & C's | TheDIYPM

Terms & Conditions

Last Updated :
July 31, 2021

IMPORTANT – PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE & SALE (THE “TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING, JOINING OR PLACING AN ORDER THROUGH WWW.THEDIYPM.COM OR OTHER OF OUR ASSOCIATED SITES WHICH LINK TO THESE TERMS.

THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of www.thediypm.com or other sites to which these Terms are linked (each a “Website”), owned and maintained by Purpose Driven Solutions Limited t/a The Do It Yourself Project manager (“we,” “our,” “us”), is governed by these Terms. We offer the Website(s), including all information, tools and services, including coaching, training, groups and membership available from the Website(s) to you, the user, conditional on your acceptance of all Terms and Conditions stated herein. By accessing, using, subscribing, or placing an order over the Website(s), you agree to these Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety, you are not authorized to use the Website(s) in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“YOU”) AND PURPOSE DRIVEN SOLUTIONS LIMITED T/A THE DO IT YOURSELF PROJECT MANAGER. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY THE DO IT YOURSELF PROJECT MANAGER, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

SECTION 1 – WEBSITE USE

The Website is intended for use by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your country, state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All aspects of our Website(s) are protected by U.S., English and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads.

No material on the Website(s) may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Do It Yourself Project Manager trademark and logo are proprietary marks of Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Purpose Driven Solutions Limited.

Subject to your continued strict compliance with these Terms, Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager, provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website(s). You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase any Do It Yourself Project Manager product, information product, tools and materials, coaching programme, training course, book, subscription or membership of any Groups, Clubs or Communities (the “products”) over thediypm.com or directly owned and associated Website(s), Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use or access the products purchased. You acknowledge and agree that: (1) the products are copyrighted material under United States, English and international copyright laws that is exclusively owned by Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager; (2) you do not acquire any ownership rights in the products; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the products; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the products without the express written permission of Purpose Driven Solutions t/a The Do It Yourself Project Manager; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.

You agree not to use or attempt to use the Website or any Products provided by Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager, whether alone, or in conjunction with other products, software or hardware, in any unlawful manner or a manner harmful to Purpose Driven Solutions Limited t/a The Do It Yourself Project Manager. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any products, software or hardware including, but not limited to, refraining from:

HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to The Do It Yourself Project Manager’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of The Do It Yourself Project Manager or any third party;

“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to The Do It Yourself Project Manager’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all communications comply with local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libellous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behaviour.
SENSITIVE INFORMATION. You will not import, or incorporate into, any content you upload to any website, software, or other electronic service hosted, provided by or connected to The Do It Yourself Project Manager, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs; or infringing or promoting the infringement of the intellectual property rights of another.

You further agree to conduct yourself in full compliance with all applicable laws, whether through the use of The Do It Yourself Project Manager or otherwise.

SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website(s) is governed by our Privacy Statement and, if you are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at www.thediypm.com/privacy and our DPA may be viewed at www.thediypm.com/privacy. The Do It Yourself Project Manager reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As a Customer of The Do It Yourself Project Manager, you may be required to create an account with The Do It Yourself Project Manager. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your User account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party(s). You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a Customer and/or User, such as technical information, our pricing and the like.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@thediypm.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 6 – REFUNDS FOR PHYSICAL PRODUCTS

If you have purchased a “physical product” (for example, a book or other product) from The Do It Yourself Project Manager or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):

You must request a refund in writing by contacting support@thediypm.com;
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the physical product(s) to Purpose Driven Solutions Limited immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The physical products must be returned to Purpose Driven Solutions Limited in like-new, or re-sellable condition, as determined in Purpose Driven Solutions Limited Manager’s sole, reasonable discretion.

SECTION 7 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

Where we offer you a free trial of any product or service, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website(s) at the time you register. Free trial subscriptions are only available to new subscribers of any product or service and for the limited periods as set out on the Website(s). Previous subscribers or those subscribers who have already benefited from a free trial subscription to any product or service do not qualify for a further free trial period.

The Do It Yourself Project Manager will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address support@thediypm.com, or by cancelling your free trial through your Account Dashboard where applicable. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full purchase price, fee or membership subscription rate provided at the time of enrolment including monthly or annually where applicable in the case of memberships until you cancel. The Do It Yourself Project Manager can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.

If you wish to cancel any subscription with The Do It Yourself Project Manager (including subscriptions for memberships and services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address support@thediypm.com. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to The Do It Yourself Project Manager. For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund. The Do It Yourself Project Manager in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

Users and Members of The Do It Yourself Project Manager are responsible for paying all sums due to The Do It Yourself Project Manager in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not cancelled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the user to use any of the services available through the products or services provided by The Do It Yourself Project Manager does not relieve The Do It Yourself Project Manager user of their payment obligations under these Terms.

Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g. on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may in our sole discretion, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information.

IF YOU ARE A USER OF THE DO IT YOURSELF PROJECT MANAGER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. AS NOTED ABOVE, IF WE DO NOT RECEIVE SUFFICIENT FUNDS, WE MAY CHARGE YOU A LESSER AMOUNT TO PAUSE YOUR ACCOUNT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO THE DO IT YOURSELF PROJECT MANAGER, YOU MAY DO SO BY EMAILING SUPPORT@THEDIYPM.COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.

The Do It Yourself Project Manager reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event The Do It Yourself Project Manager starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.

In addition to any Fees, The Do It Yourself Project Manager may also charge applicable value added or other tax.

SECTION 9 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfil your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.

SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted on the sign up or sales pages for those products, services and the like. The Do It Yourself Project Manager may also offer additional products and services through other sites which it owns or controls; such sites are also governed by the terms herein. The Do It Yourself Project Manager reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize The Do It Yourself Project Manager to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of The Do It Yourself Project Manager services, and unless you terminate your subscription as provided herein, you agree that The Do It Yourself Project Manager may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.

The Do It Yourself Project Manager takes reasonable steps in an effort to ensure that the prices set forth on the Website(s) are correct, and to accurately describe and display the items available on the Website(s). If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products or services, please note that The Do It Yourself Project Manager does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. The Do It Yourself Project Managers’ descriptions of, or references to, products or services not owned by The Do It Yourself Project Manager are not intended to imply endorsement of that product or service, or constitute a warranty by The Do It Yourself Project Manager.

SECTION 11 – DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY

Every user and Home Owner is different, applying different approaches, methods and processes. Therefore, individual results will vary from user to user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU.

The Do It Yourself Project Manager does not promise, guarantee, or warrant your Home Makeover or any other Home Project success. Those users who purchase our products or services will receive access to training, coaching or similar products and services, tools and the like to support, inform and otherwise assist with running your Home Makeover or similar projects. However, we do not guarantee your success and based upon many factors that we cannot control, the training, coaching or similar products and services, tools and the like we provide may or may not be applicable to your specific project requirements and/or in your location, country or jurisdiction in which you are carrying out the project. Further, we do not make savings claims, efforts claims, return on investment claims, or claims that our training, coaching or similar products and services, tools and the like or other offerings will save your business any specific amount of money, and it is possible that you will not make any savings and/or recover your investment back. You should purchase with the understanding that using the information, or similar products and services, tools and the like purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, commercial or legal advice. You should consult your own accountant, attorney, or financial advisor for advice on these topics.

SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR PROJECTS

You represent and warrant that you will only use The Do It Yourself Project Manager’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your project(s). The Do It Yourself Project Manager shall have no liability for your violation of any laws. You agree to indemnify The Do It Yourself Project Manager as set out in Section 21 below in the event that you violate any law and a claim is threatened or asserted against The Do It Yourself Project Manager as a result.

SECTION 13 – not used

SECTION 14 – not used

SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

The Do It Yourself Project Manager is pleased to hear from users and customers and welcomes your comments regarding our services and products. The Do It Yourself Project Manager may use testimonials and/or product reviews in whole or in part together with the first name, city, and state and/or country of the person submitting it. Testimonials may be used for any form of activity relating to The Do It Yourself Project Manager’ services or products, in printed and online media, as The Do It Yourself Project Manager determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 11, your results will vary depending upon a variety of factors unique to you and local forces beyond The Do It Yourself Project Manager’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant The Do It Yourself Project Manager a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, The Do It Yourself Project Manager reserves the right to correct grammatical and typing errors, to shorten or appropriately edit testimonials prior to publication or use, and to review all testimonials prior to publication or use. The Do It Yourself Project Manager shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

SECTION 16 – COMPLIANCE WITH LAWS

As a user or member of The Do It Yourself Project Manager, you have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 18 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THE DO IT YOURSELF PROJECT MANAGER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER THE DO IT YOURSELF PROJECT MANAGER HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL THE DO IT YOURSELF PROJECT MANAGER’S LIABILITY TO YOU EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO THE DO IT YOURSELF PROJECT MANAGER FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST THE DO IT YOURSELF PROJECT MANAGER OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@thediypm.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, training and/or coaching programme tools and the like, these Terms, the Privacy Statement, the DPA, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the London Court of International Arbitration (LCIA), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in England, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the LCIA. The arbitration will be conducted in accordance with the provisions of the LCIA’s Arbitration Rules, in effect at the time of submission of the demand for arbitration. The LCIA’s Rules are available at www.lcia.org . The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or The Do It Yourself Project Manager.

Payment of all filing, administration, and arbitrator fees will be governed by the LCIA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of England without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the LCIA Rules and governing English law. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and The Do It Yourself Project Manager agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and The Do It Yourself Project Manager expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under English law.

This provision survives termination of your account or relationship with The Do It Yourself Project Manager, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 20 – THE DO IT YOURSELF PROJECT MANAGER’ ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to The Do It Yourself Project Manager, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of The Do It Yourself Project Manager or a third-party, The Do It Yourself Project Manager shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in England restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting The Do It Yourself Project Manager from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of England for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 21 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless The Do It Yourself Project Manager, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, services, training and/or coaching programmes and the like (2) information you submit or transmit through the Website(s), (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send The Do It Yourself Project Manager a notice requesting that The Do It Yourself Project Manager remove the materials or content from the Website.

SECTION 23 – THIRD-PARTY LINKS

The Website may contain links to other websites. The Do It Yourself Project Manager assumes no responsibility for the content or functionality of any website to which we provide a link. Please see our Privacy Statement for more details.

SECTION 24 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, training and/or coaching programmes, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of The Do It Yourself Project Manager or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with The Do It Yourself Project Manager. Upon termination, you remain responsible for any outstanding payments to The Do It Yourself Project Manager.

SECTION 25 – NO WAIVER

No failure or delay on the part of The Do It Yourself Project Manager in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by The Do It Yourself Project Manager.

SECTION 26 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning The Do It Yourself Project Manager, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of England without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the courts located in England, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 27 – FORCE MAJEURE

The Do It Yourself Project Manager will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 28 – ASSIGNMENT

The Do It Yourself Project Manager may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without The Do It Yourself Project Managers’ (or its assigns’) express written consent.

SECTION 29 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with The Do It Yourself Project Manager through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 30 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at https://www.thediypm.com/t-s-c-s. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement or DPA by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from or receive as a free gift from the Website. You further represent that The Do It Yourself Project Manager has the right to rely upon all information provided to The Do It Yourself Project Manager by you, and The Do It Yourself Project Manager may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 32 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 33 – ENTIRE AGREEMENT

These Terms, the Privacy Statement and DPA, and any policies or operating rules posted by us on the Website(s) or in respect to the Website constitutes the entire agreement and understanding between you and your business and The Do It Yourself Project Manager and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and The Do It Yourself Project Manager. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 34 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to support@thediypm.com.

If you have any questions or inquiries concerning these Terms, you may contact The Do It Yourself Project Manager by email at info@thediypm.com.

Terms & Conditions

Last Updated : July 31, 2021

Last Updated :
July 31, 2021