Terms OF SERVICE

Effective Date: 04/12/2024

1. Introduction

Welcome to The Shacademy ("the Course"), operated by Shack Media Limited ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our online course and associated services, including the community platform and any software licenses provided ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

Shack Media Limited is a company registered in the United Kingdom with registered office at 4th Floor, 399-401 Strand Strand, London, England, WC2R 0LT and company number 13750443. 

Please read these Terms carefully before purchasing or using our Services. Whenever you use our Services you agree to these terms. We reserve the right to suspend or terminate your use of our Services in the event that you do not adhere to these terms.

2. User Eligibility

2.1. Age Requirement
Our Services are intended for users of all ages. If you are under the age of 18, you must obtain consent from a parent or legal guardian to use our Services. By accessing or using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.

2.2. Geographic Availability
While Shacademy is based in the United Kingdom, our Services are accessible worldwide. By accessing the Services from outside the UK, you are responsible for ensuring compliance with local laws and regulations applicable in your jurisdiction.

2.3. Compliance with Laws
You agree to use the Services in accordance with all applicable laws, regulations, and these Terms. You must not use the Services if such use is prohibited by law in your country of residence.

3. Course Description

3.1. Overview
The Shacademy is an on-demand, video-based online course provided by Shack Media Limited. The Course is designed to educate users on achieving financial independence in the United Kingdom. Topics covered include understanding workplace pensions, setting up life insurance, and building investment portfolios.

3.2. Course Content
  • Video Lessons: The Course consists of pre-recorded video lessons accessible through our online platform hosted by LearnWorlds.
  • Supplementary Materials: May include worksheets, templates, and reading materials to enhance the learning experience.
  • Updates: We may periodically update or modify the Course content to reflect changes in financial regulations or practices.

3.3. Access and Availability
  • Lifetime Access: Upon purchase, users receive lifetime access to the Course content, subject to the terms outlined in this Agreement.
  • Platform Access: Access to the Course is provided via streaming on the LearnWorlds platform. Videos and materials are not downloadable.
  • Service Disruptions: We are not liable for any temporary interruptions in access due to technical issues beyond our control.

3.4. Online Community Access
  • One-Year Membership: Users receive one year of access to our online community hosted on LearnWorlds, starting from the date of purchase.
  • Community Features: Engage with other users and our team for discussions, guidance, and knowledge sharing.
  • Renewal Option: After one year, continued access to the community may be subject to a fee of £10.99 per month. We reserve the right to implement or waive this fee and will notify users in advance.
  • Community Guidelines: Participation is subject to our Community Guidelines outlined in Section 8.

3.5. Voyant Software License
  • One-Year License: Users are entitled to a one-year license for the Voyant cashflow planning software ("Voyant Software") upon request.
  • Activation Process: To activate the Voyant Software license, users must submit a request through the designated process provided within the Course.
  • License Expiration and Renewal: After one year, access to the Voyant Software will expire. Users may renew their license for an additional fee of £120 per year.
  • Third-Party Terms: Use of the Voyant Software is subject to Voyant's Terms of Use, available at https://planwithvoyant.com/us/terms-of-use. Users are responsible for complying with these terms.

3.6. No Financial Advice
  • Educational Purposes Only: The Course content is provided for informational and educational purposes and does not constitute financial advice.
  • Professional Consultation: Users should consult a qualified financial advisor before making any financial decisions based on the Course content.

3.7. Course Modifications
  • Content Changes: We reserve the right to modify, update, or discontinue any part of the Course at our discretion.
  • Notification: Significant changes to the Course content will be communicated to users via email or through the Course platform.

3.8. Course Termination
  • Business Closure: In the event that The Shacademy or Shack Media Limited ceases operations, we will provide users with the ability to download Course materials for a specified period.
  • No Guarantee of Availability: While we strive to provide lifetime access, we cannot guarantee perpetual availability of the Course due to factors beyond our control.

4. Payment Terms

4.1 Pricing
  • Course Fee: The one-time fee for accessing The Shacademy online course ("Course Fee"), as specified at the time of purchase.
  • Inclusive Pricing: The Course Fee includes all features outlined in Section 3, such as lifetime access to course materials, one year of community access, and a one-year license to the Voyant Software (upon request).

4.2. Taxes
  • VAT Registration: Shack Media Limited is not currently VAT-registered but anticipates becoming VAT-registered shortly after the course launch.
  • Price Stability: The Course Fee will remain the same even after VAT registration; any applicable Value Added Tax (VAT) at the standard rate of 20% will be absorbed within the existing Course Fee.
  • User Responsibility: Users are responsible for any taxes or duties applicable in their country of residence.

4.3. Payment Methods
  • Payment Processing: All payments are processed securely through our third-party payment provider(s). By providing your payment information, you authorize us to charge the Course Fee to your selected payment method.

4.4. One-Time Payment
  • Full Payment Required: The Course Fee is due in full at the time of purchase.
  • No Installment Plans: We do not offer installment plans or deferred payment options.

4.5. Payment Confirmation
  • Receipt Issuance: Upon successful payment, you will receive a confirmation email containing your receipt and access details for the Course.
  • Access Activation: Access to the Course and associated services will be granted once payment has been successfully processed.

4.6. Additional Charges
Renewal Fees:
  • Voyant Software: After the initial one-year license period, renewal of the Voyant Software license is available for £120 per year.
  • Community Access: Continued access to the online community after the initial one-year period may be subject to a fee of £10.99 per month. We reserve the right to implement or waive this fee and will notify users accordingly.
  • Notification of Charges: Users will be notified via email regarding any upcoming charges or renewal options.

4.7. Failed or Declined Payments
  • Payment Failure: If your payment is declined or fails for any reason, you will not gain access to the Course until the payment issue is resolved.
  • Contact for Assistance: For help with payment issues, please contact us at hello@james-shack.co.uk.

4.8. Currency and Foreign Transaction Fees
  • Currency: All fees are charged in British Pounds Sterling (£).
  • User Responsibility: If you are making a payment from outside the United Kingdom, you are responsible for any applicable foreign transaction fees or currency conversion fees charged by your bank or payment provider.

4.9. Security and Data Protection
  • Secure Transactions: We employ industry-standard security measures to protect your payment information.
  • Third-Party Providers: Payments are processed by secure third-party providers; we do not store your full payment card details on our servers.
  • Privacy Policy: All payment information is handled in accordance with our Privacy Policy.

4.10. Changes to Payment Terms
  • Right to Modify: We reserve the right to change our pricing and payment terms at any time.
  • Notice of Changes: Any changes will be communicated to existing users via email at least 30 days before taking effect. Continued use of the Course after the effective date constitutes acceptance of the new terms.

5. Refund Policy

5.1. 60-Day Money-Back Guarantee
We offer a 60-day money-back guarantee ("Refund Period") from the date of your purchase of a course from Shacademy.
  • No Questions Asked: Refunds during the Refund Period are unconditional and do not require a reason. However, any feedback you have to give is greatly appreciated.
  • Eligibility: All users who have purchased the Course are eligible for a refund within the Refund Period, regardless of the amount of the Course completed.

5.2. Refund Request Process
To request a refund within the Refund Period, you may:
  • Community Messaging: Send a direct message to a member of The Shacademy team within the online community platform.
  • Email: Contact us by emailing hello@james-shack.co.uk with your refund request.


Please include the following information in your request:
  • Your full name
  • Email address associated with your account
  • Date of purchase
  • Reason for refund (optional)

5.3. Refund Processing
  • Processing Time: Refunds will be processed within 14 business days from the date of approval.
  • Method of Refund: Refunds will be issued to the original payment method used during the purchase.
  • Notification: You will receive a confirmation email once your refund has been processed.

5.4. After the Refund Period
  • No Refunds After 60 Days: Refund requests made after the 60-day Refund Period are not eligible for a refund.

5.5. License Revocation Upon Refund
  • Access Termination: Upon processing a refund, your access to the Course, the online community, and any associated services, including the Voyant Software license, will be terminated immediately.
  • Prohibited Access: You agree not to access or attempt to access the Course or any related services after a refund has been issued.

5.6. Non-Transferability
  • No Transfer of Refund Rights: The right to a refund is personal to the original purchaser and is not transferable to any other person or entity.

5.7. Chargebacks and Payment Disputes
  • Contact Us First: If you have any issues with your purchase, please contact us directly before initiating a chargeback or payment dispute.
  • Unauthorised Chargebacks: Unauthorised chargebacks may result in termination of your account and access to all services.


5.8. Amendments to Refund Policy

  • Right to Modify: We reserve the right to amend this Refund Policy at any time.
  • Notification of Changes: Any changes will be communicated to existing users via email and will not affect the terms applicable at the time of your purchase.
  • Grandfather Clause: Users who purchased the Course under a previous version of the Refund Policy will be subject to the terms in effect at the time of purchase.

7. Intellectual Property Rights

7.1. Ownership of Content
All content provided as part of Shacademy online courses and associated services—including but not limited to videos, audio clips, text, graphics, logos, images, software, and downloadable materials—is the exclusive property of Shack Media Limited ("we," "us," or "our") or our content suppliers. This content is protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Limited License to Users
Upon purchasing the Course, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Course content for your own personal, non-commercial use, strictly in accordance with these Terms.

7.3. Restrictions on Use

You agree not to:
  • Copy or Reproduce: Reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Course content without our express written permission.
  • Share Access: Share your login credentials or allow others outside your immediate family (spouse, cohabiting partner, or children) to access the Course using your account.
  • Modify or Create Derivative Works: Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Course content or create any derivative works based on the Course.
  • Commercial Use: Use the Course content for any commercial purposes or for the benefit of any third party.
  • Unauthorised Distribution: Publish, upload, post, transmit, or distribute the Course content (or any part thereof) through any medium without our prior written consent.


7.4. Intellectual Property Violations

  • Monitoring and Enforcement: We reserve the right to monitor your use of the Course to ensure compliance with these Terms. If we suspect any violation, we may take appropriate action, including terminating your access without notice or refund.
  • License Revocation: Unauthorised sharing or reproduction of the Course content will result in the immediate revocation of your license to access the Course without any refund.
  • Legal Action: We reserve the right to pursue legal action against individuals or entities that infringe upon our intellectual property rights.


7.5. User-Generated Content

  • Ownership of User Content: Any content you post within the online community ("User Content") remains your property. However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, and display such content within the context of the community and for promotional purposes.
  • Responsibility for User Content: You are solely responsible for ensuring that your User Content does not violate any intellectual property rights, privacy rights, or other legal rights of any third party.
 
7
.6. Third-Party Intellectual Property
  • Voyant Software: Access to the Voyant cashflow planning software is provided under a separate license agreement between you and Voyant. Use of the Voyant Software is subject to Voyant's Terms of Use, available at https://planwithvoyant.com/us/terms-of-use.
  • Third-Party Content: Any third-party content included in the Course is the property of its respective owner and is used under license or with permission.


7.7. Trademarks

  • Our Trademarks: "The Shacademy", “Shacademy” and "Shack Media Limited," and associated logos are trademarks or service marks owned by us.
  • Prohibited Use: You are not permitted to use these trademarks without our prior written consent, except as necessary to identify the products or services.

7.8. Reporting Intellectual Property Violations
If you believe that any content available through the Course infringes upon any intellectual property rights you own or control, please notify us immediately at hello@james-shack.co.uk. Please provide a detailed description of the alleged infringement, including the specific content and location within the Course.

8. Community Guidelines

8.1. Purpose of the Community
The online community ("Community") provided as part of The Shacademy is designed to be a supportive space where users can share experiences, ask questions, and engage in discussions related to achieving financial independence. By participating in the Community, you agree to abide by these Community Guidelines, which are intended to foster a respectful and constructive environment.

8.2. Code of Conduct
You agree to:
  • Respect Others: Treat all members with respect and courtesy. Discriminatory, harassing, or abusive behaviour will not be tolerated.
  • Stay On Topic: Keep discussions relevant to the subject matter of the Course and the specific topic of each forum or discussion thread.
  • Protect Privacy: Do not share your own or others' personal or sensitive information. This includes financial details, contact information, and any other personally identifiable information.
  • No Financial Advice: Refrain from offering personal financial advice to other members. The Community is for general discussions and informational purposes only.
  • Intellectual Property: Do not share copyrighted materials without permission. This includes Course content and third-party resources.
  • Compliance with Laws: Do not engage in or promote any activity that violates any applicable laws or regulations.


8.3. Prohibited Content

You agree not to post, upload, transmit, or otherwise make available any content that:
  • Harassment or Hate Speech: Contains threats, harassment, hate speech, or advocates violence against individuals or groups.
  • Illegal Activities: Encourages or depicts illegal activities, including but not limited to fraud, hacking, or money laundering.
  • Spam and Advertising: Is unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation (spam).
  • Malware or Harmful Code: Contains viruses, Trojan horses, worms, or any other harmful or malicious code.
  • Infringement: Infringes upon the intellectual property rights or privacy rights of others.

8.4. Monitoring and Moderation
  • Right to Monitor: We reserve the right, but are not obligated, to monitor all Community interactions to ensure compliance with these Guidelines.
  • Moderation Actions: We may edit, remove, or refuse to post any content that violates these Guidelines or our Terms of Service.
  • Reporting Violations: If you observe any content or behaviour that violates these Guidelines, please raise it within the community or email hello@james-shack.co.uk.

8.5. Enforcement and Consequences

  • Warnings: For minor violations, you may receive a warning outlining the issue and expected corrective action.
  • Temporary Suspension: Repeated or serious violations may result in a temporary suspension of your Community access.
  • Permanent Ban: Severe or continuous violations may result in a permanent ban from the Community without refund.
  • Termination of Services: In extreme cases, we reserve the right to terminate your access to the Course and all associated services.


8.6. No Liability for User Content

  • User Responsibility: You are solely responsible for any content you post within the Community.
  • No Endorsement: We do not endorse, support, or guarantee the accuracy or reliability of any content posted by users.
  • Limitation of Liability: We are not liable for any loss or damage resulting from interactions between users or reliance on user-generated content.


8.7. Privacy and Personal Information

  • Discouraging Personal Sharing: We strongly discourage sharing personal or sensitive information within the Community.
  • No Liability for Disclosure: If you choose to share personal information, you do so at your own risk. We are not responsible for any consequences arising from such disclosure.


8.8. Modification of Guidelines

  • Right to Modify: We reserve the right to amend these Community Guidelines at any time.
  • Notification of Changes: Any significant changes will be communicated to users via the Community platform or email.
  • Continued Participation: Your continued use of the Community after any modifications indicates your acceptance of the new terms.

9. Disclaimers and Limitations of Liability

9.1. No Financial Advice
The content provided in Shacademy online courses and associated services is for informational and educational purposes only. Shack Media Limited ("we," "us," or "our") is not a financial advisor, and no part of the Course constitutes professional financial advice.
  • Personal Responsibility: Any actions you take based on the information provided are at your own risk. You should consult a qualified financial advisor before making any financial decisions.
  • No Fiduciary Relationship: Your use of the Course does not create a fiduciary relationship between you and us.


9.2. Past Performance and Investment Risks

  • No Guarantee of Results: Past performance is not indicative of future results. We make no guarantees regarding the success you may achieve by applying concepts from the Course.
  • Investment Risks: Different funds and asset classes carry varying levels of risk depending on geographical region and industry sector. You should make yourself aware of these specific risks prior to investing.
  • Tax Considerations: Prevailing tax rates and reliefs are dependent on your individual circumstances and are subject to change. We do not provide tax advice.

9.3. Accuracy of Information

  • No Warranty: While we strive to provide accurate and up-to-date information, the content is provided "as is" without warranties of any kind, either express or implied.
  • Third-Party Content: We do not take any responsibility for third-party websites and content we may link to from the Course. Accessing third-party content is at your own risk.

9.4. Limitation of Liability

To the fullest extent permitted by applicable law:
Exclusion of Certain Types of Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
  • Maximum Liability: Our total liability arising out of or in connection with these Terms or from the use of or inability to use the Course shall not exceed the amount you have paid to us for access to the Course.
  • User Interactions: We are not responsible for any interactions between users within the Community. You are solely responsible for your interactions with other users.
 
9.5. Personal Information in the Community
  • User Responsibility: If you choose to share personal or sensitive information within the Community, you do so at your own risk.
  • No Liability for Disclosure: We are not liable for any consequences arising from the disclosure of personal information by you or other users in the Community.


9.6. Indemnification

You agree to indemnify, defend, and hold harmless Shack Media Limited and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or in any way connected with:
  • Your access to or use of the Course and Services;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including intellectual property or privacy rights.


9.7. No Warranty

"As Is" Basis: The Course and all associated services are provided on an "as is" and "as available" basis without any warranties of any kind.
  • No Guarantee of Availability: We do not warrant that the Course will be uninterrupted, secure, or error-free, or that any defects will be corrected.


9.8. Governing Law and Jurisdiction

  • Legal Limitations: Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such cases, our liability is limited to the maximum extent permitted by law.
  • Governing Law: This section should be read in conjunction with Section 15 (Governing Law and Dispute Resolution).

10. Privacy Policy

10.1. Data Collection and Use: you can find our privacy policy here, by accepting these terms you are also accepting our privacy policy.

11. Third-Party Services

11.1. Voyant Software License
As part of The Shacademy online course, you may request access to a one-year license for the Voyant cashflow planning software ("Voyant Software").
Activation Process: To activate your Voyant Software license, you must submit a request through the designated process provided within the Course.
  • Separate Agreement: Use of the Voyant Software is governed by Voyant's own Terms of Use and Privacy Policy, available at https://planwithvoyant.com/us/terms-of-use. By activating the Voyant Software license, you agree to comply with all terms and conditions set forth by Voyant.
  • License Expiration and Renewal: The Voyant Software license is valid for one year from the date of activation. After one year, access will be revoked unless you choose to renew the license for an additional fee of £120 per year.
  • Support and Maintenance: Any support or maintenance issues related to the Voyant Software should be directed to Voyant or their designated support channels.


11.2. User Responsibility

  • Compliance with Third-Party Terms: You are solely responsible for reading, understanding, and complying with the terms and conditions of any third-party services you access through the Course.
  • Data Privacy: Any personal data you provide to third-party services is subject to their privacy policies. We recommend reviewing their privacy policies before providing any personal information.
  • Assumption of Risk: Your use of third-party services is at your own risk. We are not responsible for any loss or damage arising from your use of third-party services.


11.3. Limitation of Liability

  • No Endorsement: Shack Media Limited ("we," "us," or "our") does not endorse, guarantee, or assume responsibility for any third-party services, including the Voyant Software.
  • No Liability: We shall not be liable for any issues arising from your use of third-party services, including but not limited to software errors, data loss, or unauthorized access to your information.
  • Indemnification: You agree to indemnify and hold us harmless from any claims arising out of your use of third-party services.


11.4. Changes to Third-Party Services

  • Right to Modify or Discontinue: Third-party services provided as part of the Course may be modified or discontinued at any time without notice. This includes changes made by the third-party providers themselves.
  • Notification of Changes: We will make reasonable efforts to notify you of significant changes to third-party services that may affect your access or use.
  • No Refunds for Changes: Modifications or discontinuations of third-party services do not entitle you to any refunds or compensation from us.


11.5. Third-Party Links

  • External Websites: The Course may contain links to external websites or services that are not owned or controlled by us.
  • No Responsibility: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
  • User Discretion: Accessing third-party links is at your own risk, and you should exercise discretion and review the terms and policies of any third-party sites you visit.


11.6. Integration with Third-Party Services

  • Functionality: Some features of the Course may enable you to interact with third-party services (e.g., sharing content to social media).
  • Authorisation: By using these features, you authorise us to share information with the third-party services on your behalf.
  • Revocation of Access: You may revoke our access to third-party services at any time by adjusting your settings with the third-party provider.


11.7. Termination of Third-Party Services

  • Termination by Third Parties: Third-party providers may terminate your access to their services at any time, with or without cause.
  • Effect on Course Access: Termination of third-party services may affect your ability to fully utilise certain features of the Course, but does not affect your access to the Course itself.
  • No Liability for Termination: We are not liable for any termination of your access to third-party services.

12. Renewal and Additional Charges

12.1. Initial Access Periods
Upon purchasing a Shacademy online course, you receive:
  • One-Year Community Access: Access to the online community for one year from the date of purchase.
  • One-Year Voyant Software License: Access to the Voyant cashflow planning software for one year from the date of activation.


12.2. Renewal Options

12.2.1. Community Access Renewal
  • Optional Renewal: After the initial one-year period, you may choose to renew your access to the online community.
  • Renewal Fee: The renewal fee for continued access to the community is £10.99 per month. We reserve the right to implement or waive this fee and will notify you accordingly.
  • Renewal Process: You will receive an email notification with instructions on how to renew your community access at least 30 days before your access expires.
  • Automatic Renewal: Community access is not set to auto-renew by default. You must manually opt-in to renew your access.


12.2.2. Voyant Software License Renewal

  • Optional Renewal: After your one-year license expires, you may choose to renew your access to the Voyant Software.
  • Renewal Fee: The renewal fee for the Voyant Software license is £120 per year.
  • Renewal Process: You will receive an email notification with instructions on how to renew your Voyant Software license at least 30 days before your license expires.
  • Third-Party Terms: Renewal and use of the Voyant Software are subject to Voyant's Terms of Use, available at https://planwithvoyant.com/us/terms-of-use.


12.3. Notification of Expiration

  • Advance Notice: We will notify you via email at least 30 days before the expiration of your initial access periods.
  • Contact Information: It is your responsibility to ensure that your contact information is up-to-date so that you receive renewal notifications.
  • No Liability for Non-Receipt: We are not liable for any loss of access due to failure to receive renewal notifications.


12.4. Changes to Renewal Terms

  • Right to Modify: We reserve the right to change the terms of renewal fees and processes at any time.
  • Notification of Changes: Any changes to renewal terms will be communicated to you via email at least 30 days before they take effect.
  • Acceptance of Changes: Your continued use of the Services after the effective date of the changes constitutes your acceptance of the new terms.


12.5. Cancellation

  • Cancellation Policy: You may choose not to renew your access to the community or the Voyant Software without affecting your access to the core Course content.
  • No Refunds for Early Termination: If you choose to cancel your renewal before the end of a billing cycle, you will not receive a refund for the remaining period.


12.6. Payment of Renewal Fees

  • Payment Methods: Renewal fees must be paid using the payment methods specified in Section 4 (Payment Terms).
  • Failed Payments: If your payment for renewal fails or is declined, your access to the renewed services will not be granted or will be suspended until payment is successfully processed.
  • Taxes: Renewal fees are inclusive of any applicable taxes unless otherwise stated.

13. Modification of Terms

13.1. Right to Modify
Shack Media Limited ("we," "us," or "our") reserves the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service ("Terms") at any time. Such modifications may be necessary to comply with legal requirements, reflect changes in our services, or address other business needs.

13.2. Notification of Changes
  • Advance Notice: In the event of any significant changes to the Terms, we will provide you with at least 30 days' notice prior to the changes taking effect.
  • Methods of Notification: Notification may be given by:
  • Email: Sent to the email address associated with your account.
  • Course Platform: Posted prominently within the Course platform.
  • Website Announcement: Posted on our official website.


13.3. User Responsibility

  • Review of Changes: It is your responsibility to review any changes to the Terms. We encourage you to periodically check for updates.
  • Accuracy of Contact Information: You are responsible for ensuring that your contact information, including your email address, is current and accurate to receive notifications.

13.4. Acceptance of Modified Terms
  • Implied Consent: Your continued access to or use of The Shacademy and associated services after the effective date of the revised Terms constitutes your acceptance of the changes.
  • Opting Out: If you do not agree with the modified Terms, you must discontinue use of the Course and associated services before the changes take effect.
  • Termination Rights: You have the right to terminate your agreement with us as outlined in Section 14 (Termination of Service) if you do not accept the modified Terms.


13.5. Binding Agreement

  • Entire Agreement: The modified Terms supersede all prior agreements, understandings, or representations regarding the Course and services.
  • Severability: If any provision of the modified Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.


13.6. Exceptions to Modification Rights

  • Material Adverse Changes: For changes that materially affect your rights or obligations, we will obtain your explicit consent before implementing such changes.
  • Legal Compliance: Modifications will not be made in a manner that violates applicable laws or regulations.

13.7. Governing Language
  • Language of Terms: These Terms are provided in English. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

14. Termination of Service

14.1. Termination by User
  • Voluntary Termination: Users may terminate their account and access to the Course at any time by providing written notice to Shack Media Limited via email at hello@james-shack.co.uk.


Refund Eligibility

  • Within 60 Days: If termination occurs within 60 days of purchase, the user is eligible for a full refund as per the Refund Policy outlined in Section 5.
  • After 60 Days: If termination occurs after 60 days, no refund will be provided.
  • Effect of Termination: Upon termination, the user will lose access to the Course, the online community, and any associated services, including the Voyant Software license.


14.2. Termination by Company

For Cause
  • Violation of Terms: We may terminate or suspend your access to the Course immediately, without prior notice or liability, if you breach any of the Terms, including but not limited to violations of the Community Guidelines or Intellectual Property Rights.
  • Illegal Activities: Engaging in fraudulent or illegal activities will result in immediate termination without refund.
Without Cause
  • Business Discretion: We reserve the right to terminate the agreement for any reason not related to user misconduct, such as business closure or discontinuation of the Course.
  • Notice of Termination: We will provide notice of termination via email to the address associated with your account.


14.3. Consequences of Termination

No Refund

  • For Cause: If termination is due to your violation of these Terms, you will not be entitled to any refund.
  • Without Cause: If we terminate the agreement for reasons not attributable to your fault, we may, at our discretion, provide a pro-rata refund or make alternative arrangements.

Access to Course Materials

  • For Cause: Your access to all Course content and services will be revoked immediately.
  • Without Cause: We will make the Course materials available for download for a specified period, allowing you to retain the content for personal use.
  • Outstanding Obligations: Termination does not relieve you of any obligations to pay any outstanding fees or charges accrued prior to termination.


14.4. Survival of Terms

Provisions that by their nature should survive termination shall remain in effect, including but not limited to:
  • Intellectual Property Rights (Section 7)
  • Disclaimers and Limitations of Liability (Section 9)
  • Indemnification (Section 9.6)
  • Governing Law and Dispute Resolution (Section 15)

14.5. Suspension of Services

  • Temporary Suspension: We may suspend your access to the Course and associated services as an interim measure while investigating suspected violations of these Terms.
  • Notification: We will notify you of any suspension and the reasons for it via email.
  • Reinstatement: If the issue leading to suspension is resolved to our satisfaction, we may reinstate your access.

14.6. No Liability for Termination

  • Waiver of Claims: You agree that we shall not be liable to you or any third party for termination of your access to the Course or services in accordance with these Terms.
  • Acknowledgment: You acknowledge that your sole remedy in the event of termination is as set forth in this Termination of Service section.


14.7. Dispute Resolution

  • Reference: Any disputes arising from termination shall be resolved as outlined in Section 15 (Governing Law and Dispute Resolution).

15. Governing Law and Dispute Resolution

15.1. Governing Law
These Terms of Service ("Terms") and any disputes or claims arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

15.2. Initial Dispute Resolution
In the event of any controversy or claim arising out of or relating to these Terms or the breach thereof ("Dispute"), you agree to first attempt to resolve the Dispute informally by contacting Shack Media Limited at hello@james-shack.co.uk. Both parties agree to negotiate in good faith to resolve the Dispute within 30 days from the date the notice of Dispute is received.

15.3. Arbitration
If the Dispute is not resolved through informal negotiation within 30 days, the Dispute shall be finally settled by binding arbitration administered by the London Court of International Arbitration (LCIA) under the LCIA Rules, which are deemed to be incorporated by reference into this clause.
  • Arbitration Proceedings: The arbitration shall be conducted in English.
  • Number of Arbitrators: The tribunal shall consist of a sole arbitrator appointed in accordance with the LCIA Rules.
  • Place of Arbitration: The seat or legal place of arbitration shall be London, United Kingdom.
  • Confidentiality: The arbitration proceedings, including all documents and information exchanged during the arbitration, shall be confidential and shall not be disclosed to any third party without the express written consent of both parties, unless required by law.

15.4. Exceptions to Arbitration

Notwithstanding the foregoing, either party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain infringement of intellectual property rights or unauthorized use of the Services.

15.5. Class Action Waiver
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. You expressly waive any right to bring or participate in a class, collective, or representative action against Shack Media Limited.

15.6. Costs and Fees

Each party shall bear its own costs and expenses arising from the arbitration, and shall share equally in the fees and expenses of the arbitrator and the LCIA, unless the arbitrator determines that the fees and expenses shall be allocated differently.

15.7. Judgment on Award

The arbitrator's award shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.8. Court Proceedings
If, for any reason, a Dispute proceeds in court rather than arbitration, such Dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales. Both parties consent to the jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over them by such courts.

16. Contact Information

16.1. Customer Support
If you have any questions, concerns, or need assistance with The Shacademy online course, please feel free to contact our customer support team:
  • Email: hello@james-shack.co.uk
  • Online Community Messaging: You may also reach out to us directly within the online community platform.

16.2. Business Address

You can also reach us by mail at our registered business address:
Shack Media Limited
4th Floor, 399-401 Strand Strand,
London, England, WC2R 0LT

16.7. Updates to Contact Information

We may update our contact information from time to time. Please refer to the most recent version of these Terms or visit our website for the latest contact details.

17. Marketing and Communications

17.1. Consent to Receive Communications
By registering for The Shacademy online course, you acknowledge and agree that Shack Media Limited ("we," "us," or "our") may send you marketing and promotional communications about our products, services, and events, provided you have given us your explicit consent to do so
  • Newsletter Subscription: Users have the option to opt-in to the James Shack newsletter during the registration process or at any time thereafter.
  • Promotional Offers: We may send you special offers, surveys, and other promotional materials that may be of interest to you.


17.2. Opting In and Out

  • Opt-In Mechanism: You will not receive marketing communications from us unless you have expressly opted in.
  • Opt-Out Procedure: You may opt out of receiving marketing communications at any time by:
  • Unsubscribe Link: Clicking the "unsubscribe" link provided in any marketing email you receive from us.
  • Account Settings: Updating your communication preferences in your account settings within the Course platform.
  • Direct Request: Contacting us at hello@james-shack.co.uk to request removal from our marketing lists.
  • Unsubscribe Link: You can use the following link to unsubscribe: Unsubscribe


17.3. Transactional Communications

  • Service-Related Messages: Regardless of your marketing preferences, we may still send you transactional or administrative communications related to your account, the Course, or your use of the Services. These may include confirmations, invoices, technical notices, updates, and security alerts.


17.4. Third-Party Communications

  • No Sharing Without Consent: We will not share your personal information with third parties for their marketing purposes without your explicit consent.
  • Third-Party Service Providers: We may use third-party service providers to send communications on our behalf, but they are prohibited from using your information for any other purpose.


17.5. Data Protection and Privacy

  • Compliance with Privacy Policy: All marketing communications are sent in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).
  • Data Security: We take appropriate measures to ensure that your personal information is secure and processed lawfully.


17.6. Children's Privacy
  • Underage Users: Our Services are not intended for users under the age of 16. We do not knowingly collect or use personal information from children for marketing purposes.

19. Entire Agreement

These Terms of Service ("Terms"), along with our Privacy Policy and any other policies or agreements expressly incorporated by reference herein, constitute the entire agreement between you ("User") and Shack Media Limited ("we," "us," or "our") regarding your access to and use of The Shacademy online course and associated services ("Services").

19.1. Superseding Prior Agreements
These Terms supersede and replace any and all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, regarding the subject matter of these Terms.

19.2. No Oral Modifications
No amendment or modification of these Terms will be binding unless in writing and signed by an authorized representative of Shack Media Limited. Oral statements or representations will not modify these Terms.

19.3. Reliance on Terms
You acknowledge that in entering into these Terms, you have not relied upon any statements or representations other than those explicitly set forth in these Terms and the documents referred to herein.
19.4. No Third-Party Beneficiaries
Except as expressly provided in these Terms, no person or entity who is not a party to these Terms shall have any right to enforce any term of these Terms.

19.5. Severability
If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

20. Severability

20.1. Validity of Provisions
If any provision or part of a provision of these Terms of Service ("Terms") is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted without affecting the validity and enforceability of the remaining provisions.

20.2. Modification to Reflect Intent
In the event that any provision of these Terms is deemed invalid or unenforceable, the parties agree that the court should endeavour to give effect to the parties' original intentions as reflected in the provision, to the maximum extent permitted by applicable law.

20.3. Continuation of Terms
All other provisions of these Terms shall remain in full force and effect and shall continue to be binding and enforceable.

21. Waiver

21.1. No Waiver of Rights
The failure or delay by Shack Media Limited ("we," "us," or "our") to exercise or enforce any right, power, or provision of these Terms of Service ("Terms") shall not constitute a waiver of such right, power, or provision.

21.2. Single or Partial Exercise
A single or partial exercise of any right, power, or remedy under these Terms does not preclude any other or further exercise of that or any other right, power, or remedy.

21.3. Cumulative Remedies
All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies provided by law.

21.4. Written Waivers
Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorised representative of Shack Media Limited.
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