12 MINUTES TO MARKET-READY™: TERMS AND CONDITIONS

Please read the Legal Terms & Conditions below before proceeding with your purchase:

We are so excited to have you join us and to help you level up your trading! But before we can get to the fun stuff, we have to make sure you agree with the Terms and Conditions of our service provision to you. This Agreement will outline our professional relationship, responsibilities, obligations, and expectations so that nobody in this relationship is confused or disappointed due to any misunderstanding or miscommunication. Please do not hesitate to let us know if you have any questions. We’re looking forward to working together!

Best,

Créde Sheehy-Kelly

CRÉDE PERFORMANCE LIMITED

                                                                                        Summary In Plain English

Thank you for joining Créde Performance Limited (herein referenced as Company) for the 12 Minutes to Market-Ready™ course which begins immediately upon purchase.

This is your contract. Please read it carefully because you are making an important commitment to Créde Performance Ltd.

THE BASICS

• You are securing purchase of the materials and content that constitutes Company’s 12 Minutes to Market-Ready™ course. 
• The pay-in-full price is $97 (subject to VAT where applicable). Payment plans are not available.
• There is a NO REFUNDS policy for this program – you can read our policy in more detail in the legal section below
• This course is NOT for sale to children or young people under the age of 18

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AGREEMENT

By accessing the 12 Minutes to Market-Ready™ course (“the Program”), signing this Agreement, submitting partial or full payment, or accessing the Program Member Site (“Site”) you are agreeing to the following terms:

Please read this Agreement carefully before accessing or using Créde Performance Limited’s (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.

If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at support@credeperformance.com

This Service Agreement is entered into between you (“Client”), and Créde Performance Limited doing business as Créde Performance (“Company”), having an address of 94 Blackberry Rise, Portmarnock, Co. Dublin, D13WP04, Ireland. (the “Parties”)

In consideration of Client retaining Company to perform coaching services, it is agreed as follows:

1. Company Policies.

We make it easy to understand what it is like to do business with Créde Performance. Please read the following Company Policies before signing this Agreement. These policies are part of the Agreement, even though they are not spelled out in this document:

(a) Disclaimer: https://credeperformance.com/disclaimer/

(b) Website Terms and Conditions: https://credeperformance.com/terms-conditions/

(c) Privacy Policy: https://credeperformance.com/privacy-policy/

2. This Agreement Supersedes All Previous Communication. This Agreement, [the Company Policies and Disclaimers and the Credit Card Authorization] are the entire Agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.

3. Scope of Services

(a) The Program is designed to help you build your trading mental edge and optimize your trading performance by creating a personalized, pre-market mental training routine. Program membership includes access to the learning/course materials and audio, excel and pdf resources created by Company.

The Program membership services outlined above are referred to as the “Services” or “Program.”

(b) The Services must be utilized during the 1-year duration of your Program term. Please note Client will have access to the Program content for 365 days from the day of enrolment (being the day Client makes the initial payment for the program, unless otherwise agreed in writing by the Parties).

(c) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the Parties.

(d) 1:1 Sessions. Company may make available additional 1:1 sessions to Client for purchase or on a complimentary basis. These sessions will be billed separately if relevant and are governed by this Agreement.

4. Client Duties

(a) Compensation. In consideration for the Services provided by Company to Client as set forth in Section 3 above, Client agrees to pay the current program fee at the time of joining as a one lump sum payment of $97. Services delivered to Client based in the EU will incur VAT. Where VAT is applicable, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7^th day following its due date, Company reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full.

(c) Payment Security and Chargebacks. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

If Client selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client agrees to not dispute any charges at any time. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event. If Client initiates a chargeback, Créde Performance Limited may issue an additional $500 fee to you.

(d) Tools & Information to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.

(e) Client understands that Client’s success in the Program is dependent upon Client’s level of participation in the Services, among other factors outside of Company’s control. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Client’s own trading psychology development on Client’s own time during the term of the Program. Client is responsible for requesting support from Company when needed.

5. Term

(a) The term of this Agreement shall be 365 days beginning on the date Client makes the initial payment for the Program, unless otherwise agreed in writing by the parties. Upon completion of the 365 day term, Client will no longer have access to all Services and the Program.

(b) Client and Company may choose to renew this Agreement for an additional term upon signing of a new contract.

6. Communication

All communication will take place via e-mail. There is no direct coaching support included in this Program but Client may contact Company via email with any questions or requests for technical support. Company will endeavor to answer questions related to Program content or the application of Program content but Client acknowledges that responding to these type of questions is at the discretion of Company and is not included or obligated as part of the Service

Our contact information is as follows:

E-mail: support@credeperformance.com

All communications will be acknowledged/responded to within 2 business days, not including weekends or holidays.

7. Cancellations and Refunds – No Refund Policy

(a) Client may cancel participation in the Program at any time for any reason by providing written notice to Company. Upon cancellation, access to the Program and Services will be terminated. However, cancellation of participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full program fee as outlined in Section 4(a). Client will remain obligated to pay all remaining unpaid program fees in full.

(b) In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Company or other Program members, Company reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid program fees in full.

(c) Company may decide to terminate access to the Program at any time. In the event that Company decides to do so, Company shall release Client from any further financial obligation under the Contract and will provide a prorated refund based on time remaining in the Program, if Client paid in full. This does not include the circumstances described in Section 7(b).

(d) Client’s failure to effectively participate in the Program is not grounds for a refund.

(e) Refund Policy. There is a NO REFUNDS policy. Due to the nature of the Services, no refunds can be provided. By purchasing the Program and entering into this Agreement, Client acknowledges that no one has represented to Client that refunds are available. Even if Client cannot participate for any reason, Client will continue to be billed according to the schedule in Section 4 of this Policy. Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 4(c) for our payment dispute policy.

(f) The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Company.

(g) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
2. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

In the event that Section 7(g) applies, Company will be permitted to make a reasonable effort to restore access as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.

8. Exercising Your Right to Change Your Mind European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 are explained in more detail in these terms.

(a) When your order is a request to provide services before the 14-day cancellation period has ended. When you order any services from us (including digital content) that are scheduled to be supplied within 14 days of the date of your order you agree that your right to cancel will be as set out below and you may not have the benefit of the full 14-day period to change your mind.

(b) When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of: digital products after you have started to download these; services, once these have been delivered, even if the cancellation period is still running; sealed audio or sealed video recordings, once these products are unsealed after you receive them. A contract for digital content is completed when the product is downloaded/ accessed and paid for.

(c) How long do I have to change my mind? How long you have depends on what you have ordered:

If you have bought services, subject to the clause in section 8(b) you have 14 days after the day we email you to confirm we accept your order. In respect of digital content for download, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading it.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

9. No Guarantee of Results; Risk of Loss

(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 3(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.

(b) Technical issues. If the learning materials provided via the online learning platform (Kajabi, Teachable, etc.) are inaccessible, Company shall have 72 hours (not including weekends or holidays) to re-deliver access to Client.

(c) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

(d) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

10. Confidentiality

(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all trading, strategy, operating, psychology, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.

(b) Confidentiality Exception. If Company Representative (Coach) is required by law to make disclosure regarding the information shared in a coaching session, or where Coach has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect Coach’s rights or property; to avoid harm to the Coach or Client, or a third party; or to respond to an emergency, Coach will limit disclosure to essential information.

(c) Participant Information. Client agrees to keep private any Information, as defined in paragraph 10(a), shared by fellow participants in the Program (“Participants”). Any Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to publish, disclose, reveal, or make use of any Information or any transactions, on the Kajabi Platform or otherwise. Client agrees not to use such Information in any manner other than in discussion with other Participants during the Program. Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Information in strictest confidence and shall use the best efforts to safeguard the Information and to protect it against disclosure, misuse, loss, and theft.

Client understands that despite efforts to maintain privacy of an online forum, Company cannot control all parties. You understand that any forum hosted by Company is to be considered a public forum and that all Clients should refrain from sharing confidential or sensitive personal data in any such forum.

(d) Company Information. Client agrees to keep confidential any Confidential Information, as defined in Section 10(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the Kajabi Community, or otherwise. Client agrees not to use such Confidential Information in any manner. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.

(e) Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about a Company’s goods or services.

(f) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 10 the Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

(g) Client Features. Notwithstanding the above section, Company may choose to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.

11. No Relationship

The parties hereto expressly understand and agree that they are not employers or employees, principals or agents, or partners in the performance of each and every part of this Agreement, and they remain solely responsible for all their respective employees and agents.

12. Ownership of Intellectual Property 

(a) IP Ownership. The methodology, processes, and system underpinning Company’s service have been designed and curated by Company, they are proprietary and confidential and are not to be disclosed. Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

Go Deep to Level Up Your Trading™, Go Deep to Level Up™, 12 Minutes to Market-Ready™ and Créde Performance™ are trademarks of Créde Performance Limited. 12 Minutes to Market-Ready™ is a copyrighted work of Créde Performance Limited.

(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials and other intellectual property assets), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.

(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third party that Company has not authorized access to.

13. Warranties 

(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

14. Limitation of Liability 

(a) In no event shall Company have any liability to Client for any lost profits, lost Capital, loss of use, loss of earnings, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.

(c) The limitations in this Section 14 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Section 10.

(d) No Professional Advice. Client understands that the information presented in the Program is not legal, investment, trading, financial, therapeutic, mental health, or medical advice and Company is not a law firm, investment firm, trading education firm, mental health organization or a physician. Company does not guarantee, nor do we make any commitment that your financial performance will improve by partaking in our coaching sessions or program. Any suggestions or recommendations provided by us are made solely in our opinion and do not constitute professional financial, legal, trading or mental health advice. We are not an investment advisor, nor do we make recommendations on the suitability of a particular asset, strategy, or course of action. Any trading or investment decision you make is solely your responsibility. Please consider your individual position and financial goals and seek professional trading and investment advice before making an investment or trading decision.

All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, psychology, health, trading and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis. Client should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information provided as part of Company’s coaching service. 

If a coach or individual within the Program is licensed in some professional manner (C.Psychol.PsSI, JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s) and provide information for educational purposes only.

15. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the Parties.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

16. Neutral Construction

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

17. Changed Terms 

Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both Parties.

18. Company’s Rights to Make Changes

(a) Minor changes to the services. Company may change the service to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Client’s use of the service.

(b) More significant changes to the services and this Agreement. In addition, Company may make changes to these terms or services, but if we do we will notify you in writing. Client may then contact Company to end the contract before the changes take effect and receive a refund for any services paid for but not received.

(c) Updates to digital content. Company may update digital content, provided that the digital content shall always match the description of it that Company provided to Client before he/she bought it.

19. Assignment 

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement. Company may transfer our rights and obligations under these terms to another organisation. Nobody else has any rights under this contract. This contract is between Client and Company. No other person shall have any rights to enforce any of its terms.

20. Notices 

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

Créde Performance Limited

94 Blackberry Rise, Portmarnock

Co. Dublin, D13WP04

Ireland

E-mail: support@credeperformance.com

To Client at Client’s mailing and/or e-mail address provided at the time of purchase.

Any party may change its address for purposes of this section by giving the other parties written notice of the new address.

21. Governing Law; Venue; Mediation 

This Agreement shall be construed in accordance with, and governed by, Irish law. The exclusive venue for any proceeding based on or arising out of this agreement shall be the Republic of Ireland. By entering this Agreement, Client agrees that he or she submits to the personal jurisdiction and venue of this state and that any legal proceedings commenced shall take place in Dublin, Ireland. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

22. Severability

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.

23. Even if Company Delays in Enforcing This Contract, Company Can Still Enforce it Later. If Company does not insist immediately that Client does anything he/she is required to do under these terms, or if Company delays in taking steps against Client in respect of your breaking this contract, that will not mean that Client does not have to do those things and it will not prevent Company taking steps against Client at a later date. For example, if Client misses a payment and Company does not chase him/her but it continues to provide the products, Company can still require Client to make the payment at a later date.

By proceeding with your purchase of the 12 Minutes to Market-Ready™ Program you are agreeing that you have read the foregoing Agreement, understand its terms and by making this purchase you agree with the terms stated above.