Welcome to JamesPratt.com. Please read these Terms of Service carefully before using our website (the “Site”) and any services, features, content, or applications we offer (collectively, the “Services”). These Terms of Service, together with our Privacy Policy and, where applicable, our website partner’s EU Data Processing Addendum, form a legally binding agreement between you and JamesPratt.com (“JP,” “we,” “us,” or “our”).

By accessing or using our Site and Services - including as a customer, Ambassador, Affiliate, or contributor - you agree to comply with and be bound by these Terms of Service.

These Terms apply to all users of our Services, including those participating in the Ambassador Programme and Affiliate Programme. Additional programme-specific terms may apply and are incorporated by reference. If you do not agree to these Terms of Service, you must not access or use our Site or Services.

1) Acceptance of Terms

By accessing, registering for, or using any part of our Services - including as a customer, Ambassador, Affiliate, or contributor - you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and, where applicable, our website partner’s EU Data Processing Addendum. These Terms apply to all users of our Services. Additional programme-specific terms for Ambassadors and Affiliates are incorporated herein by reference and are binding upon your participation in those programmes. If you do not agree to these Terms, you must not access or use the Site or Services.

We may update these Terms of Service from time to time. Your continued use of the Services following any such update constitutes your acceptance of the revised Terms.

ARBITRATION NOTICE AND CLASS ACTION WAIVER
Except for certain types of disputes described in the Arbitration section below, you agree that any disputes between you and JamesPratt.com will be resolved through binding, individual arbitration. By accepting these Terms, you expressly waive your right to participate in any class action lawsuit or class-wide arbitration.

2) Eligibility

To use our Services, you must be at least 18 years old. If you are under 18, you are not permitted to access or use the Services for any reason. By using our Services, you confirm that you meet this age requirement.

Ambassadors and Affiliates must be at least 18 years old, or the age of majority in their jurisdiction if higher, and must meet all additional eligibility criteria as specified in the relevant programme guidelines. By applying for or participating in the Ambassador or Affiliate Programme, you represent and warrant that you meet these requirements.

We reserve the right to refuse access to the Services to any person or entity at our sole discretion and may update our eligibility criteria at any time.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations in your jurisdiction. Access to the Services is revoked where these Terms of Service or the use of the Services is prohibited by law.

The Services are for your personal use only and not for the benefit of any third party. If you are registering or using the Services on behalf of a company, organisation, or another entity, you confirm that you have the legal authority to bind that entity to these Terms of Service.

3) Registration

To access and use our Services, you must create an account (an “Account”) on JamesPratt.com. When registering, you are required to provide accurate, complete, and up-to-date information. This includes, but is not limited to, your legal name, a valid email address, and any other information requested during the registration process. Maintaining current and accurate Account details is your ongoing responsibility.

You agree that you will not:

(i) Use a username or identity that belongs to someone else with the intent to impersonate that person;
(ii) Use a username or identity that is owned by someone else without proper authorisation;
(iii) Use a username that is offensive, vulgar, obscene, or otherwise inappropriate as determined at our sole discretion.

You are solely responsible for all activities that occur under your Account, including the safeguarding of your password and login credentials. You must not share your login details or allow another person to access your Account without explicit permission. If you are registering or using the Services on behalf of a company, organisation, or another entity, you confirm that you have the legal authority to bind that entity to these Terms.

If your eligibility to use the Services changes, or if you become aware of any unauthorised access, security breach, or misuse of your Account, you must notify us immediately at support@jamespratt.com.

You may delete your Account at any time, either directly through your account settings or by contacting us for assistance. Please note that deleting your Account may result in the loss of access to certain Services, content, or accrued benefits, including those related to the Ambassador or Affiliate Programmes.

4) Processing of Personal Data

Your personal data will be handled in accordance with our Privacy Policy, which forms an integral part of these Terms of Service. By accessing or using our Services - including as a customer, Ambassador, Affiliate, or contributor - you consent to the collection, use, transfer, retention, and processing of your personal data as described in the Privacy Policy.

JamesPratt.com collects personal data including, but not limited to, your first and last name, email address, billing information, and country of residence. Data may be collected directly from you, from third parties, or automatically during your use of our Services. We process personal data based on contractual necessity, legitimate interests, and, where required, your consent.

If you participate in the Ambassador or Affiliate Programmes, you expressly consent to the collection and processing of additional data necessary for programme administration, commission payments, performance tracking, and compliance with legal obligations.

If you are a data controller providing us with the personal data of third-party individuals (such as other users of the Services) that is subject to the General Data Protection Regulation (GDPR) or similar laws, you also agree to the terms outlined in our hosting partner’s EU Data Processing Addendum. This ensures that all data is processed securely and in compliance with applicable regulations.

For users in the European Union and similar jurisdictions, we comply with GDPR and provide rights regarding access to, rectification, erasure, and portability of your personal data. By using our Services, you acknowledge and consent to the transfer and processing of your personal data outside your country of residence, including storage on servers located in the United States.

For more information about our data collection, privacy practices, and your rights, please review our Privacy Policy. If you have questions or requests regarding your personal data, contact us at website@jamespratt.com.

5) Content

A. Definition
For the purposes of these Terms of Service, “Content” refers to all information, data, text, images, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features made available on or through the Services. This includes both content provided by us and “User Content” (as defined below).

B. User Content
We are not responsible for any content that users create, upload, submit, distribute, or post to the Services (“User Content”), whether shared publicly or privately. By providing User Content, you confirm that it is accurate, complete, up-to-date, and complies with all applicable laws and regulations. You agree that accessing any Content, including User Content, is at your own risk, and you are solely responsible for any damage or loss resulting from it. We do not guarantee the accuracy, reliability, or ongoing availability of any Content.

C. Copyright and Restrictions
All Content provided through the Services, whether by us, our partners, Ambassadors, Affiliates, or other users, is protected by copyright, trademark, and other intellectual property laws. You must respect and maintain all copyright notices, ownership information, and restrictions included in any Content you access through the Services.

D. Limited Use License
We grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use Content (for example, to download and display locally) solely for your personal use of the Services, or, in the case of Ambassadors and Affiliates, for purposes expressly permitted under the relevant programme guidelines. Any other use - including reproduction, modification, distribution, or storage of Content - is strictly prohibited without our prior written permission. You may not sell, license, rent, or exploit Content for commercial purposes or in any way that infringes on third-party rights.

Ambassador and Affiliate Use of Branded Materials: Ambassadors and Affiliates may be granted access to specific JamesPratt.com marketing materials, branded assets, and content packs solely for the purpose of promoting our services as part of the relevant programme. Such materials must only be used in accordance with these Terms, our Brand Guidelines, and any additional programme rules. All such materials remain the exclusive intellectual property of JamesPratt.com and must not be used for any unauthorised, misleading, or unlawful purpose.

E. Content Availability
We do not guarantee that any Content will always be available on the Site or through the Services. We reserve the right, at our sole discretion, to:

• Remove, edit, or modify any Content at any time, without notice, for any reason (including, but not limited to, complaints from third parties, legal concerns, or violations of these Terms of Service).

• Block or remove any Content from the Services for any reason or no reason at all.

6) Rules of Conduct

To use our Services, you agree to abide by the following rules of conduct. You are responsible for all activities carried out under your Account, including any communications or data collection involving other users of the Services. These rules apply to all users, including Ambassadors, Affiliates, and contributors.

A. Prohibited Activities

You agree not to use the Services for any purpose or in any manner that violates these Terms of Service. Specifically, you must not:

1. Take any action or upload, post, submit, or distribute any Content (including User Content) that:

   • i. Infringes on any copyright, trademark, patent, trade secret, or other proprietary rights, or violates any law, regulation, or contractual obligation.

   • ii. Breaches these Terms of Service.

   • iii. Is false, misleading, or inaccurate.

   • iv. Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of privacy, obscene, vulgar, offensive, pornographic, or otherwise inappropriate as determined by us.

   • v. Includes unauthorised or unsolicited advertising, junk mail, or spam.

   • vi. Contains viruses, malware, or any other harmful code designed to disrupt, damage, or gain unauthorised access to systems or data.

   • vii. Impersonates any person or entity, including our employees or representatives.

   • viii. Includes identification documents, sensitive financial information, or personal data of others without proper authorisation.

2. Engage in any conduct that could damage, disable, overburden, or impair the proper functioning of the Services or interfere with any other party’s use of the Services.

3. Engage in abusive, fraudulent, or deceptive practices, including but not limited to:

   • Misuse of referral or coupon codes.

   • False representation of your relationship with JamesPratt.com, especially if participating as an Ambassador or Affiliate.

   • Promotion of personal businesses or services within the Digital Business Hub, except as expressly permitted and in compliance with the Code of Conduct.

B. Technical Misuse

You must not:

• Take actions that impose an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers.

• Interfere with or disrupt the proper functioning of the Services, including any activities conducted on the Services.

• Attempt to bypass or circumvent any security measures we use to protect the Services or restrict access.

• Use automated tools, such as bots or spiders, to access or scrape any part of the Site or Services.

• Engage in unauthorised harvesting or scraping of Content from the Services.

• Violate any of our guidelines or policies.

C. Intellectual Property and Source Code

You must not:

• Decipher, decompile, disassemble, reverse engineer, or attempt to derive the source code or underlying algorithms of any part of the Services, except where applicable laws allow this.

• Modify, translate, or create derivative works of any part of the Services.

• Copy, rent, lease, distribute, or transfer any rights granted to you under these Terms of Service.

D. Compliance with Laws

You must comply with all applicable local, national, and international laws and regulations when using the Services. It is your responsibility to ensure your use of the Services is lawful in your jurisdiction.

E. Our Rights

We reserve the right, at our sole discretion, to access, read, preserve, and disclose any information we reasonably believe is necessary to:

• Comply with applicable laws, regulations, legal processes, or government requests.

• Enforce these Terms of Service, including investigating potential violations.

• Detect, prevent, or address fraud, security, or technical issues.

• Respond to user support requests.

• Protect the rights, property, or safety of our business, users, or the public.

7) Third Party Services

Our Services may include links to, or integrations with, third-party websites, services, or resources on the Internet. Similarly, other websites, services, or resources may include links to our Services. When you access or use any third-party resources, you do so entirely at your own risk.

These external resources are not under our control, and we are not responsible for their content, functionality, availability, accuracy, legality, or appropriateness. The inclusion of a link to, or integration with, any third-party website or service does not imply our endorsement, sponsorship, or any association between us and their operators.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or claim caused or alleged to be caused by or in connection with your access to, use of, or reliance on any content, goods, or services available through any third-party websites or resources.

A. Ambassadors and Affiliates
If you use third-party platforms or services (such as social media, email marketing tools, or payment processors) in connection with your activities as an Ambassador or Affiliate, you are solely responsible for complying with their terms, policies, and applicable laws. JamesPratt.com is not responsible for any actions, losses, or liabilities arising from your use of third-party services.

8) Affilaite Programme

Participation in our Affiliate Programme is governed by additional Affiliate Programme Terms & Conditions, available at https://www.jamespratt.com/affiliate-terms.
If there is any conflict between these Terms of Service and the Affiliate Terms, the Affiliate Terms will prevail for all matters relating to the Affiliate Programme.

9) Affilaite Programme

Participation in the Ambassador Programme is governed by a separate Ambassador Agreement, which must be agreed to and signed by all Ambassadors. In the event of any conflict between the Ambassador Agreement and these Terms of Service, the Ambassador Agreement will prevail for all matters relating to the Ambassador Programme.

10) Payments and Billing

A. Paid Services
Some of our Services require payment (“Paid Services”), including but not limited to digital products, memberships, consultations, and premium features. Any payment terms presented during your use or sign-up for Paid Services are considered part of this Agreement. By using Paid Services, you agree to comply with all applicable pricing, billing, and refund terms.

B. Billing
We use a third-party payment processor (the “Payment Processor”) to securely manage payments. Your payment account (“Billing Account”) is linked to your Account for all Paid Services. Payments are subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for errors, delays, or issues caused by the Payment Processor.

By using Paid Services, you authorise us, through the Payment Processor, to charge your selected payment method (“Payment Method”) for all applicable charges at the prices in effect at the time of purchase. We reserve the right to correct any billing errors or mistakes, even if payment has already been processed.

C. Payment Method
Your payment terms are governed by your agreement with your Payment Method provider (e.g. bank or credit card issuer). If payment is not received, you agree to pay all outstanding amounts upon demand. In cases of non-payment, we may:

• Charge interest at a rate of 20% per annum or the maximum rate allowed by law, whichever is lower.

• Use a collection agency to recover unpaid amounts, with you reimbursing us for reasonable recovery costs.

D. Recurring Billing
Certain Paid Services may include recurring charges (e.g. monthly or annual subscriptions). By opting for a recurring payment plan, you accept responsibility for all recurring charges until you cancel. We may process recurring payments automatically without further authorisation unless you notify us in advance to terminate or update your Payment Method. Any cancellation will not affect charges already processed.

E. Keeping Your Information Up to Date
You are responsible for providing accurate, complete, and up-to-date Billing Account information at all times. This includes promptly updating your billing address, credit card details, or payment method. If your Payment Method is cancelled (e.g. due to loss or theft) or you suspect unauthorised access to your account, you must notify us or the Payment Processor immediately. Failure to update your Billing Account information may result in continued charges for Paid Services.

F. Changes to Authorised Amounts
If a charge to your Billing Account differs from the pre-authorised amount (excluding changes in tax rates), you will receive notice of the new charge and its scheduled date. Your agreement with your payment provider governs the use of your Payment Method. We may combine charges incurred during a billing cycle and process them as a single transaction.

G. Auto-Renewal for Subscriptions
Subscription-based Services automatically renew for the same term length unless you opt out of auto-renewal. Renewals are charged at the current non-promotional rate. If you cancel a subscription, you may continue using it until the end of the current term, but it will not renew. No prorated refunds are provided for the unused portion of a subscription.

H. Reaffirmation of Authorisation
Your continued use of a Paid Service confirms your authorisation for us to charge your Payment Method. Charges may be payable in advance, in arrears, per usage, or as otherwise specified during your initial purchase. This does not waive our right to seek payment directly from you if necessary.

I. Free Trials and Promotions
Free trials or promotional offers for Paid Services must be used within the specified trial period. To avoid being charged, you must cancel the Paid Service before the trial ends. If you cancel but are inadvertently charged, please contact us at website@jamespratt.com for assistance.

J. 7-Day Money-Back Guarantee
For eligible digital products and membership subscriptions, we offer a 7-day money-back guarantee to ensure your satisfaction. If you are not satisfied with your purchase, you may request a refund within 7 days of the purchase date, provided the following conditions are met:

• The product or service was purchased directly from JamesPratt.com.

• The product or service has not been fully accessed, downloaded, or extensively used.

• Membership subscriptions are eligible for refunds only if the request is made within the first 7 days of the initial subscription.

Refund requests can be submitted by contacting us at refund@jamespratt.com. For more details, please refer to our Refund Policy.

Additional Notes for Ambassadors and Affiliates: All fees and commissions are deducted from sales before payment, ensuring members receive the final amount. Commissions and payouts are subject to the terms outlined in the Ambassador and Affiliate Programme guidelines.

11) Indemnification

You agree to defend, indemnify, and hold harmless JamesPratt.com (“JP”), its affiliates, and their respective employees, contractors, directors, suppliers, representatives, and agents from and against any and all liabilities, claims, damages, losses, and expenses (including reasonable legal fees) that arise from or relate to:

• Your use or misuse of the Site, Services, or Content;

• Your User Content;

• Your violation of these Terms of Service or any applicable law or regulation;

• Any infringement or alleged infringement by you, or by someone using your Account or identity in the Services, of any intellectual property or other rights of any person or entity;

• Your participation in, or activities related to, the Ambassador or Affiliate Programmes, including any promotional or marketing activities, use of referral or coupon codes, or misrepresentation of your relationship with JamesPratt.com.

We reserve the right, at our sole discretion, to assume the exclusive control and defence of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate fully and promptly with us in asserting any available defences and providing any information or assistance reasonably requested.

This indemnification obligation will survive the termination or expiration of your relationship with JamesPratt.com and your use of the Services.

12) Arbitration Clause and Class Action Waiver - Important: Please Review as This Affects Your Legal Rights

A. Arbitration and Class Action Waiver

You agree that any disputes, claims, or controversies between you and JamesPratt.com (“JP”) - including disputes involving our officers, directors, employees, contractors, or representatives - will be resolved exclusively through binding, individual arbitration. This includes, but is not limited to, disputes relating to these Terms of Service, your use of the Services, or rights of privacy and publicity. By agreeing to arbitration, you expressly waive your right to a trial by jury.

Arbitration will be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, Inc., in effect at the time of the dispute. However, if you violate or threaten to violate JP’s intellectual property rights, JP may seek injunctive or other equitable relief in any court of competent jurisdiction. Please note that arbitration may limit discovery and appeal rights, and certain rights available in court may not be applicable.

As an alternative to arbitration, you may bring your claim in your local Small Claims Court, provided your claim is within that court’s jurisdiction and is permitted under its rules.

Class Action Waiver
You agree to bring claims only on your own behalf. You waive the right to participate in any class action lawsuit or class-wide arbitration, including acting as a class representative or class member. This also applies to claims brought in a private attorney general or representative capacity. Consolidation of claims involving another person’s account is not permitted.

This arbitration agreement is governed by the Federal Arbitration Act and not by any state arbitration laws. If JAMS, Inc. cannot set a hearing date within 160 days of filing, either you or JP may elect to have the arbitration administered by the American Arbitration Association.

The arbitration will be conducted in English, and judgments on arbitration awards may be entered in any court with proper jurisdiction. The arbitrator may not award damages, remedies, or relief that conflict with these Terms of Service. Any claim or cause of action related to the Services must be filed within one (1) year of the event giving rise to the claim, or it will be permanently barred.

B. 30-Day Opt-Out Period

If you do not wish to be bound by the arbitration and class action waiver provisions in this section, you may opt out within 30 days of initially agreeing to these Terms of Service. To opt out, you must send written notice to:

JamesPratt.com
19 Queen Charlotte Drive, Aotea
Porirua 5024, Wellington, New Zealand

Your written notice must include:

• Your full name

• Your email address and mailing address

• A statement that you do not wish to resolve disputes with JP through arbitration

If JP makes changes to this Arbitration Clause and Class Action Waiver (excluding changes to the address for notices), you may reject those changes by sending written notice to the address above within 30 days of the change. Opting out of this arbitration clause will only apply to these Terms of Service and not to any other arbitration agreements you may have entered into with JP.

C. Severability

If the prohibition against class actions or claims brought on behalf of third parties is found to be unenforceable, the entirety of this Arbitration Clause and Class Action Waiver will be null and void. However, this arbitration agreement will survive the termination of your relationship with JP.

13) Limitation of Liability

To the fullest extent permitted by law, neither JamesPratt.com (“JP”), nor its directors, employees, agents, partners, suppliers, contractors, content providers, or affiliates shall be liable under any legal or equitable theory - including, but not limited to, contract, tort, strict liability, or negligence - for any of the following:

A. Losses or Damages

• Any lost profits, revenue, data, or business opportunities;

• The cost of procuring substitute goods or services;

• Any special, indirect, incidental, punitive, compensatory, or consequential damages of any kind, regardless of how they arise.

B. Security Issues

• Any bugs, viruses, Trojan horses, or other harmful components, regardless of their source.

C. Direct Damages

• Any direct damages exceeding the greater of:

  • (a) The total fees paid by you for the specific Services in the three (3) months immediately preceding the event giving rise to the claim; or

  • (b) $100.00 USD.

This limitation applies regardless of whether the alleged liability arises from your use or misuse of the Services, reliance on the Services, inability to access the Services, or any other cause - whether or not JP has been advised of the possibility of such damages.

You expressly acknowledge and agree that the limitations and exclusions of liability set forth in this section reflect a fair and reasonable allocation of risk and form a fundamental basis of the bargain between you and JP.

Some jurisdictions do not allow certain limitations of liability. In such cases, the above limitations may not apply to you, and JP’s liability will be limited to the maximum extent permitted by law.

14) Governing Law and Jurisdiction

These Terms of Service, and any dispute or claim arising out of or relating to these Terms, the Services, or your use of the Site (including participation in any Ambassador or Affiliate Programme), are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.

You agree that any dispute, claim, or controversy arising from or related to these Terms of Service, your use of the Services, or any relationship between you and JamesPratt.com will be subject to the exclusive jurisdiction of the courts located in Wellington, New Zealand.

If you access the Services from outside New Zealand, you are responsible for compliance with local laws to the extent they apply, and you agree that New Zealand law will govern any such dispute, regardless of your location.

15) Modification

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. We may also change, suspend, or discontinue any aspect of the Services - including the availability of features, databases, or content - at any time and without prior notice or liability.

If we make changes to these Terms of Service, we will provide notice by:

• Posting an update on the Site;

• Sending a notification through the Services, via email, or through another appropriate form of electronic communication.

We may also impose limits on certain features or services, or restrict access to parts or all of the Services, at our discretion and without prior notice or liability.

While we will endeavour to provide timely notice of any modifications, it is your responsibility to review these Terms of Service periodically for updates. By continuing to access or use the Services after notification of changes, you agree to accept and comply with the updated Terms of Service.

Your use of the Services is governed by the Terms of Service in effect at the time of your use.

16) Miscellaneous

A. Entire Agreement and Severability

These Terms of Service, including our Privacy Policy and, where applicable, the EU Data Processing Addendum, constitute the entire agreement between you and JamesPratt.com (“JP”) regarding your use of the Services and the Site. They supersede all prior or contemporaneous communications, representations, and agreements, whether oral, written, or electronic, between you and us concerning the Services.

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that the remaining provisions remain in full force and effect.

The failure of either party to enforce any right or provision under these Terms of Service shall not be deemed a waiver of future enforcement of that or any other right or provision.

B. Force Majeure

We are not responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service if such failure or delay results from causes beyond our reasonable control. This includes, but is not limited to, mechanical, electronic, or communication failures; natural disasters; strikes; labour disputes; war; terrorism; governmental actions; or interruptions or failures of third-party hosting or payment processors.

C. Assignment

These Terms of Service are personal to you and may not be assigned, transferred, or sublicensed by you without our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations under these Terms of Service without your consent, including in connection with a merger, acquisition, or sale of assets.

D. No Agency Relationship

Nothing in these Terms of Service shall be construed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and us. Neither party has the authority to bind or act on behalf of the other.

E. Notices

Unless otherwise specified in these Terms of Service, all notices required or permitted under these Terms must be in writing. Notices will be considered delivered:

• When received, if sent via personal delivery or certified/registered mail with return receipt requested;

• When receipt is electronically confirmed, if sent by email or facsimile;

• On the following day, if sent for next-day delivery by a recognised courier service.

Electronic notices should be sent to: website@jamespratt.com.

F. No Waiver

Our failure to enforce any part of these Terms of Service does not constitute a waiver of our right to enforce any other part in the future. A waiver of compliance in one instance does not guarantee a waiver of compliance in the future. Any waiver must be in writing and provided by one of our authorised representatives to be valid.

G. Headings

Section and paragraph headings in these Terms of Service are included for convenience only and do not affect the interpretation or construction of any provision.

Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us at:

JamesPratt.com
19 Queen Charlotte Drive, Aotea
Porirua, 5024
Wellington, New Zealand
Email: website@jamespratt.com