BGA Community – Subscription Terms & Conditions

Effective date: February 9, 2022

TERMS & CONDITIONS FOR EXTENDED ACCESS TO THE BOSSGRAM ACADEMY STUDENT COMMUNITY

Thank you for purchasing extended access to the The BOSSGRAM Academy Membership Community (“Product”, “Subscription” and/or “Community”). 

All sales are final for this Product and payments will continue to be charged until the Subscription is canceled manually pursuant to the Agreement below. By clicking “Buy Now,” “Complete Order,” or any other phrase on the checkout page, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with Product created by Vanessa Lau (“Owner”) in her capacity as Owner of Vanessa Lau International, Inc., (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”): 

Vanessa Lau International Inc. (“Company”) welcomes you. Please READ carefully. Your access and use of this Site and Product is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Product and making the initial payment to purchase the Product. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Community and Product after any change means you have accepted the revised terms and conditions.

1. Introduction.

Vanessa Lau International, Inc. (“Company”) is a company incorporated in British Columbia, Canada, which provides prospective and actual business owners with online courses and other educational materials. Company has created a signature course, The BOSSGRAM Academy (“Course” and/or “BGA”)  to educate business owners on how to leverage social media to market online service-based businesses and sell Client services. 

As part of the BGA Course, Client gains access to an exclusive student community, hosted by Company, which provides clients with access to the Community, which may include monthly group coaching calls with Company, access to Company team members for support, networking and learning opportunities with the other members of the Community. As part of the Course, Client received twelve (12) months access to the Community as a complimentary bonus. The purpose of this Agreement is to allow Client extended access to the Community on an ongoing subscription basis. 

2. Disclaimers.

A. Website – The material appearing on the Community website (currently hosted on third-party platform known as Facebook, owned by Meta Platforms, Inc. at the following link: www.facebook.com/groups/bossgramcommunity, as well as the websites  www.vanessalau.co, www.bossgramacademy.com, www.followerstoclients.com, www.instagram.com/vanessalau.co, www.instagram.com/thebossgramacademy, and vanessalau.mykajabi.com (“this Site”), is provided as a platform for online connection, learning, and community. The owner of this Site and its directors, agents, employees, contractors and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Course / Community is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, Course, and/or Community, you accept and agree that following any information or recommendations provided therein is at your own risk.

 

B. No Guarantees Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as the Course, Community, or any of our free offers.  Client understands that the Community has been carefully designed by Company for general educational, networking, and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. Through the Community, the Company might provide guidance regarding general business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using Company’s services and purchasing extended access to this Community, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Community. Client agrees that use of this Community is at user’s own risk. 

Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Product. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Product will provide Client with a lucrative business. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.  

Ultimately, Company will not be responsible or make any promises for what will happen in Client’s  life and business. Even if you’ve worked with the Company as a client before and achieved certain results, Company makes no guarantee that any results will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever. 

 

C. Scope of Services. The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that the Product is created to help Client learn new skills and assist Client with finding their own direction, as well as provide Client with the opportunity to meet and engage with like-minded individuals and business owners. Through the  Product, the Company may offer guidance regarding business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves. 

This Product does not include: 1) individualized advice and feedback, one-on-one coaching, or group coaching; 2) procuring business or potential clients for Client; 3) performing any business management services for Client, such as accounting, operations, research, or development; 4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) personal introduction to Client’s professional network and business relationships, notwithstanding the other Community members.

The Community includes resources such as monthly group coaching calls and, from time to time, support in the form of written feedback from Company team members. Client hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide said services may change in terms of style, technique and content. Company and/or Owner may use its own judgment to provide the Product services to Client, even if these methods do not follow strict adherence to Client’s suggestions, per the nature of said services. 

 

D. Communication with Third-Parties. Company shall not be held liable, either directly or indirectly, for Client’s communication with any other student or third-party that may or may not be part of the Community. For instance, as part of the Community, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Client. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Client’s communication and/or collaboration with a third-party. While Company will take reasonable measures to ensure there is no injurious communications inside the Community, it is the responsibility of all students to act with their own volition and discretion when communicating with others. 

 

E. Delivery of Product. This Product may be distributed by Company either directly or through a third-party platform. As of the Effective Date of this Agreement, Company is utilizing the third-party website, Facebook, owned by Meta Platforms, Inc., to host the Community. Company also utilizes Zoom Video Communications, Inc. (“Zoom”) to record the coaching calls and will upload the replays to third-party Kajabi, LLC (“Kajabi”).  Company reserves the right to substitute services equal to or comparable to the value of Community if reasonably required by the prevailing circumstances as determined by Company. Company is not liable for any limitation of access to the Community caused by Facebook and/or Meta Platforms, Inc., Kajabi, Zoom, or any other third-party used to assist Company with the delivery of this Product to Client. In addition to following the guidelines set by Company, Client hereby agrees to follow any and all guidelines and rules set by the Community platform host(s), Facebook AKA Meta Platforms, Inc, Kajabi, and/or Zoom.

 

F. Certifications and/or Other Requirements. As part of this Community, Company encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide. Due to the educational and informational nature of this Product, the volume of students that enter into the Community, and the international scope of the Products availability on the internet, it is not the responsibility of Company to determine whether a Client or third-party (ie. other student) is qualified to offer the services they present. It is the sole responsibility of Client and all other students inside the Community to determine whether they need any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry-out the services that they purport to offer during or after completing the Course and/or utilizing the Product. This is a material part of this Agreement as it is categorically impossible for Company to monitor all students’ past, present and future behaviors, as well as international and local laws, regulations, and other requirements to ensure that a student’s actions (including Client’s) are lawful. 

 

G. Zero Tolerance. By participating in the Community and executing this Agreement, Client hereby agrees to abide by all Company Community guidelines. Client can refer to the Community guidelines here: BGA community guidelines/rules

Company maintains a strict no self-promotion policy inside the Community. This is to ensure that the Community page and/or other Community members do not get overwhelmed by self-promotional posts, which may take away from the Product content. This is also to protect other Community members and ensure that they are not solicited for unwanted services. Per the Community guidelines, “anything that links directly to [Client’s] profile or services is not allowed. All content posted must be original. Copy/paste of captions or promotions is not allowed. This is a safe space. Absolutely NO POACHING [Community] clients in the comments or [direct messages.]” In addition, “DO NOT [DIRECT MESSAGE] OR [FRIEND REQUEST] other members  to the Community unless it is mutually agreed upon. This includes messages with promotions or general solicitation. If there are complaints about unwanted solicitation of any kind, [Client] will be immediately removed from the group.” Company will provide one (1) verbal warning to Client for any violation of the above policies. Thereafter, upon further incident, Client will be removed immediately with no refund and no money back.

Company employs a Zero Tolerance policy inside the Community as it pertains to harassment of Company representatives and/or other students inside the Community. “Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more. If Client or any other student harasess a Company member or other student inside the Community, Company will give one (1) warning to Client or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Client or student from the Product and/or Course and block-list them (ie. ban them from future Company offerings) with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.). 

 

 

3. Intellectual Property.

A. Copyright. Canadian copyright laws protect all materials created by Owner and/or Company  on the Site and within the Community as original works. All materials belong to Owner and/or Company,  including those with the absence of a registered copyright symbol. This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

 

B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Product that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. 

Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Product is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Community. 

This is the grant of a license, not a transfer of title, and under this license Client shall not:             

  1. modify or copy the Intellectual Property;
  2. use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
  3. share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.

If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

  • Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
  • Copying any of Company’s Product content and/or material for Client’s commercial use;
  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

 

C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding Company’s Intellectual Property. Upon Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access to the Course  and/or Product may be terminated by Company at any time. 

Suspicion includes, but is not limited to: 

  • Identification of Client content that is based off of Company’s proprietary framework;
  • Identification of Client content that is almost identical and/or confusingly similar to Company’s content; 
  • Notice from third-party of confusingly similar content between Client and Company.

Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.

In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:

  • Immediately remove Client’s access to the Product and/or Course;
  • Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. program, products, bonuses, etc);
  • Block Client from accessing current and future programs or content belonging to Company;
  • Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement,

If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any current and future programs and products and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.  

 
 

4. Product Overview

The Community includes:

  • Access to an exclusive community of individuals and business owners that also completed the Course, providing Client with an opportunity to share with, grow alongside, and learn from like-minded colleagues; 
  • Access to Company team members, such as the support team and student ambassadors, that may from time to time offer feedback (although, no individualized support or feedback is guaranteed, as the Community is not a one-on-one or group coaching program);
  • Invite to monthly group coaching calls and/or workshops from Company, the Company founder and/or other Company team members, to answer frequently asked questions and provide general education and guidance to reduce roadblocks; 
  • Access to an entire library of past Community coaching calls.

Upon checkout, Client has two Community access options through a recurring subscription:

  • If Client selects the month-to-month option, then Client shall have thirty (30) days of access for each month of payment;
  • If Client selects the annual option, then Client shall have three hundred sixty-five (365) days of access for each payment. 

Indemnification Limitation of 

A. Liability and Indemnity. As a condition of your use of the Site and/or Product, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Product. In no event shall Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Product, even if Company has been notified orally or in writing of the possibility of such damage. 

 

 B. Client Decisions. Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Customer’s participation in this Community or use of the Product , including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to communicate with any third-parties such as other students, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. 

C. Links to Third Party Websites. This Community and the Site  may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of Company. Company  is not responsible for the content contained in any related website, nor for any losses or damages you may incur due to the use of any such website. Company accepts no liability for any errors or omissions contained in third-party websites. Company provides these links to improve your use of the Product  enable the Client to connect with Company and Owner on various platforms, and help Company offer the most accessible services for Client and conduct transactions.

5. Indemnification

A. Limitation of Liability and Indemnity. As a condition of your use of the Site and/or Product, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Product. In no event shall Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Product, even if Company has been notified orally or in writing of the possibility of such damage.

 

B. Client Decisions. Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Customer’s participation in this Community or use of the Product , including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to communicate with any third-parties such as other students, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. 

 

C. Links to Third Party Websites. This Community and the Site  may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of Company. Company  is not responsible for the content contained in any related website, nor for any losses or damages you may incur due to the use of any such website. Company accepts no liability for any errors or omissions contained in third-party websites. Company provides these links to improve your use of the Product  enable the Client to connect with Company and Owner on various platforms, and help Company offer the most accessible services for Client and conduct transactions.

6. Confidentiality

A. Confidential Information & Non-Disclosure – Company takes pride in its proprietary information included in Product. As such, Client agrees and acknowledges all Confidential Information shared through this Community and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Client;
  • Any information disclosed in association with this Agreement;
  • Any systems, sequences, processes, or trade secrets in connection with the Course  and/or Product or Company’s business practices.

B. Testimonials – Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s  success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.

By signing up for the Community, Client grants Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram stories, public posts or posts inside our Facebook groups, and direct messages with Company and/or Owner. Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations. 

Non-Disparagement – Client agrees, during and/or after use of the Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.

7. Payments

A. Payment Plans. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout. 

Company offers two payment options at the time of purchase, so Client can either pay a one-time fee for an annual subscription or in monthly instalments for a month-to-month subscription. If Client pays the one-time fee for the annual subscription, then Client shall receive three hundred sixty-five (365) days of Community access; if Client pays the monthly rate, then Client shall receive thirty (30) days of Community access

Client hereby acknowledges that Client’s subscription shall continue until and unless Client takes proactive measures to cancel the subscription. Client acknowledges that Client shall be rebilled for the subscription chosen at checkout (either annual or monthly) until and unless Client follows the cancellation procedures discussed in Section 8 of this Agreement. 

Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment. 

 

B. Payment Default. If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else Client forfeits his/her right to access the Community.  In the event that a payment is not made within seven (7) days of the rebill date, then Company will suspend Client access to the Community portal with no money back for the month(s) prior. Client can reinstate access upon payment details being updated.

Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.

 

C. Chargebacks. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Product, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

 

D. Blocklist + Disputed Payments. Company retains the right to ‘Blocklist’ you from accessing the Community as well as all materials, courses, or other products or services Company offers in the event that Client does not pay Client’s outstanding balance, dispute Client’s payments, or if Client misappropriates any of Company’s Intellectual Property. 

If Client becomes Blocklisted from another Company program and/or offering, then Client shall also lose access to the Community immediately with no money back.

In the event that Client wants to regain access to Company’s Course, Product(s) or other content after disputing a payment(s), Client agrees to pay the transaction fee (ie. charged by third-party Stripe) for each payment previously disputed.

 

E. Foreign Fees. Company will not be held accountable for any foreign transaction fees charged by Client’s bank.

8. Refund & Cancellation Policy

A. Our Refund Policy. All purchases are non-redundable. Due to the digital nature of our Community and content contained within, Company does not offer refunds to the Community. It is the Client’s responsibility to carefully review our checkout page and terms and conditions before purchasing, using, or accessing any of our Products and Community. 

No refunds will be given once the current payment is processed. “I meant to cancel,” “I forgot to cancel”, “I didn’t use the Community last month”, etc., are not valid reasons for refunds.

 

B. Cancellation. Client will be automatically rebilled for the package selected at checkout until and unless Client completes the cancellation process outlined in the client portal link before Client’s upcoming billing cycle. Please note, Client shall allow ample time for the Company’s system to process the changes; therefore, it is important Client cancels the subscription no later than twenty-four (24)  hours before the due date of the next payment.

 

C. Non-Transferrable. Client may not transfer Client’s obligations or rights under this Agreement to a third-party under any circumstances.

9. Miscellaneous

A. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Company relating to your use of this Site and/or Product and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  This Agreement may not be amended or modified except by Company. 

 

B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

 

C. Modifications. Company may revise these terms of use for its website at any time without notice. By using the Site and/or Product, you are agreeing to be bound by this Agreement.

 

D. Governing Law. Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of the Province of British Columbia, Canada.

 

E. Maximum Damages – Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Product shall not exceed the total cost of the payments made by Client to Company for the Community Product.

 

F. Execution – Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment. 

 

With Love, 

Vanessa Lau

 

Last Updated: February 9, 2022