Terms and Conditions
Welcome to our website. Please read these Terms and Conditions carefully before you start to use the Website.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website or by clicking to agree to the Terms and Conditions when this option is made available to you. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Elephas Ltd, the owner and operator of this Website. Please read these terms and conditions together with our Privacy Notice carefully, as they affect your legal rights and Elephas Ltd’s relationship with you in relation to this website.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms and Conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
This Website and its content is copyright Elephas Ltd – All rights reserved.
All Content included on the Website, unless uploaded by Users, is the property of Elephas Ltd, our affiliates or other relevant third parties. In these Terms and Conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.
Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any name, trademark, product, logo, design or service mark displayed on the site for commercial or non-commercial use without the owner's prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
The phrase 'To Simplicity And Beyond' is a registered trademark of Elephas Ltd (Reg: UK00003780587).
The Website content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Elephas Ltd and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Elephas Ltd or our licensors except as expressly authorised by these Terms and Conditions of use.
You must not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website without the written permission of Elephas Ltd.
You acknowledge that you are responsible for any content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through the Website any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website without the permission of the website owner.
You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision of these Terms and Conditions and will not cause injury to any person; and that you will indemnify Elephas Ltd for all claims resulting from content you supply.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms and Conditions.
You may use our site only for lawful purposes. You may not use the Website for any of the following purposes:
a) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable local, national or international law or regulation;
c) in any way which is fraudulent or unlawful, or has any form of fraudulent or unlawful purpose or effect;
d) making, transmitting or storing electronic copies of content protected by copyright without the permission of the Website owner.
Access and account security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the contents therein that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions of use.
Links to other websites
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of Elephas Ltd and Elephas Ltd is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Elephas Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elephas Ltd of the Website or any association with its operators.
Links to Linked Websites are provided “as is.” You should be aware that you use them at your own risk. Your participation, communication or business dealings with any third party found on or through the Website, regarding the payment and delivery of the related products or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
Where links, recommendations or pointers to other websites and references to products and services offered by third parties are provided the purchase of such products and services may result in the payment of an affiliate commission to Elephas Ltd. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. It is important to undertake your own research and analysis before buying any goods or services to ensure they are appropriate to your needs and circumstances.
Certain services made available via the Website are delivered by third-party Websites and organisations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Elephas Ltd may share such information and data with any third party with whom Elephas Ltd has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information or Submission placed on the Website by you, for the consequences of your own posting and for any subsequent action you take on viewing and/or reading submissions by other users, whenever content is posted on the Website.
No compensation will be paid with respect to the use of your Submissions to the Website. Elephas Ltd is not obliged to post, publish or use any Submission you may provide and may remove any Submission at any time. By submitting your Submission you are granting Elephas Ltd permission to use your Submission in connection with the operation, publicity and products of their websites.
You must not, and by using this website you agree not to, do the following things:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
- post material that reveals trade secrets, unless you own them or have the permission of the owner
- post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity
- post advertisements or solicitations of business, post chain letters or pyramid schemes
- impersonate another person
- post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Elephas Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Elephas Ltd is under no obligation to update information on the Website.
Whilst Elephas Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Elephas Ltd accepts no liability for any disruption or non-availability of the Website.
Elephas Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Use of communication services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Elephas Ltd has no obligation to monitor the Communication Services. However, Elephas Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Elephas Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Elephas Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Elephas Ltd’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Elephas Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Elephas Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Elephas Ltd spokespersons, and their views do not necessarily reflect those of Elephas Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Use of content
Elephas Ltd provides various resources on this Website, which users may access by providing an e-mail address or purchasing a training program or other product. Elephas Ltd grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address or payment (the “Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
By downloading the Content, you agree that the Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Elephas Ltd.
By downloading the Content, you further agree that you shall not create any derivative work based upon the Content and you shall not offer any competing products or services based upon any information contained in the Content.
Elephas Ltd makes no warranties regarding the performance or operation of this website. Elephas Ltd further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, Elephas Ltd disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of liability
You agree to absolve Elephas Ltd of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that Elephas Ltd shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Elephas Ltd and/or its suppliers may make improvements and/or changes in the website at any time.
Elephas Ltd and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Elephas Ltd and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Elephas Ltd, any and all contracts you enter into with Elephas Ltd, and any and all of Elephas Ltd’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in London, UK. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Elephas Ltd. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Website is controlled, operated and administered by Elephas Ltd from our offices within the UK. If you access the Website from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Elephas Ltd Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless Elephas Ltd, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Elephas Ltd reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Elephas Ltd in asserting any available defences.
Termination and access restriction
For educational and informational purposes only
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Limitation of liability
Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Elephas Ltd accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
Accuracy and personal responsibility
The information on the website represents the views of the author as at the date of publication. As conditions change, the author/s reserve the right to alter and update the content to reflect the new conditions.
Elephas Ltd does not assume any responsibility for errors, inaccuracies or omissions in any of the content posted on the Website. The advice and information contained on this site might not be suitable for your own personal circumstances. This material is sold with the understanding that the author and publisher assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of this material who directly or indirectly act on the information contained herein.
You agree to undertake your own due diligence research and investigation and seek the advice or your Lawyer, Accountant or other professional advisers before taking any actions or using the information, ideas and research contained within this website. None of the contents of this website should be considered as Legal or Financial advice.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be affected.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
No joint venture or other relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elephas Ltd as a result of this agreement or use of the Website. Elephas Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Elephas Ltd’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Elephas Ltd with respect to such use.
We may, from time to time, include within the Website information and/or content from an external third party or company who may be referred to as a 'guest', 'guest author' or similar. This may be in the form of interviews, articles, tutorials, podcast episodes, live streams or similar. Elephas Ltd does not control the information provided by such a third party, nor is it responsible for fact checking any such information provided. You are strongly advised to undertake your own research and due diligence before acting on any information and/or content provided by an external third party.
Any external third party or company who agree to provide information and/or content as a 'guest' arranged by Elephas Ltd agree to transfer all intellectual property rights they may have in any such information and/or content to Elephas Ltd and further provide a license to any rights they are unable to assign.
Email and other electronic communications
Visiting the Website or sending emails to the Website or to Elephas Ltd constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Website and/or to Elephas Ltd. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Notice, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Elephas Ltd uses third-party payment providers such as Stripe and Thrivecart to process payments for our products and services safely and securely. All products are delivered via a secure membership area or as downloads on receipt of payment.
All of our coaching programs, trainings, products and recommendations are based on our extensive experience and work in the subject. However, we understand that everyone is different and that our products may not suit everyone all of the time. If you are unhappy with any product you purchase from Elephas Ltd, or have an issue that we are unable to resolve for you then you are covered by the terms of the Refund Policy outlined in the Terms and Conditions for the product/program you are requesting a cancellation/refund for.
However, by requesting and receiving a refund, that shall immediately terminate any and all usage licences granted to you to use the material provided under these Terms and Conditions or any other such linked agreement. You should immediately cease using the material and destroy all copies of the information provided to you. All support and assistance on a product will also cease following a refund request.
If you ask for a refund on your purchase after 30 days then no refund will be issued with no exceptions.
By their nature any recurring payments are not refundable beyond any payment made within 30 days of the refund request being received.
Refund periods are based on the date of first purchase of any program, course or product offered by Elephas Ltd, not the subsequent purchase date. If you have purchased and then subsequently requested a refund of one of our products and services in the past, the 30 days are from the date of the first purchase, not the repurchase date.
We process any refunds as soon as we're able to. In some cases we may ask you for the opportunity to resolve any issues for you first. All refunds will be processed through our payment processor, and returned to the original form of payment and to the original purchaser only. Elephas Ltd does not control its payment processor and will be unable to accelerate any refunds.
This policy does not affect your statutory rights under the Consumer Contracts Regulations.
Monthly membership programs
When you become a member of our monthly membership program you gain access immediately to information that is only available to monthly membership members. For our monthly membership program no subscription refunds can be refunded beyond the last payment made within 30 days of the refund request being received. On receipt of a valid refund request you will retain access to our monthly membership area until the end of your payment term.
If you have purchased and then subsequently requested a refund on our monthly membership program in the past, the 30 days are from the date of the first purchase, not any subsequent repurchase date.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website.
You agree that Elephas Ltd has not made any guarantees about the results of taking any action, whether recommended on this Website or not. Elephas Ltd provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Elephas Ltd.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of Elephas Ltd or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Elephas Ltd assumes no responsibility for any losses that result from your use of any information, advice or recommendations included within the website in any form whatsoever.
Unless otherwise specified herein, this agreement, along with the Privacy Notice, constitutes the entire agreement between the user and Elephas Ltd with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Elephas Ltd with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to terms
These Terms and Conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Your continued use of the Website following the publication of revised Terms and Conditions means that you accept and agree to the changes. You should check the Terms and Conditions regularly to ensure familiarity with the then current version as they are binding on you.
Elephas Ltd details
Elephas Ltd is a company incorporated in England and Wales with registered number 06959317 whose address for correspondence is 4 Ham Close, Collingbourne Kingston, Marlborough, Wilts SN8 3SB and it operates the website elephas.ltd together with this website amongst others.
You can contact Elephas Ltd by email at firstname.lastname@example.org.