Terms & Conditions
zach-helm.com
TERMS AND LICENSE AGREEMENTS
V1.4 – LAST UPDATED 25 MARCH 2026
PLEASE READ THESE TERMS CAREFULLY. BY USING THE PLATFORM YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
Zach Helm, via Death, Plague, Pestilence & Greed LLC
LIMITED TERMS
1 THESE TERMS
1.1 We, Death, Plague, Pestilence & Greed LLC Media Limited, a company registered in the USA, registered at 826 N. Hollywood Way, Burbank CA 91505, ("we", "us", "our" or "Death, Plague, Pestilence & Greed LLC") operate the platform known as ‘’zach-helm.com’ (as it may be renamed or rebranded from time to time) (the "Platform") ,
1.2 These terms and conditions apply to anyone using the Platform, purchasing a course, gift card or membership from us (a “Purchase”) or redeeming a gift card (a “Redemption”) from us ("you") and form a binding legal agreement between you and us. If you do not accept these terms and conditions, you will not be able to use the Platform, make a Purchase or make a Redemption.
1.3 Reference to the Platform include our website (zach-helm.com) (the "Website"), any mobile application software and any updates or supplements to them that we might release from time to time, including our app called ‘zach-helm' on Apple's App Store and ‘zach-helm.com’ on the Google Play store (the " App"), or through any other means we may introduce from time to time.
1.4 You can only purchase a membership or course for yourself, unless you purchase a gift card for the membership or course which can be redeemed by someone else, in which case the redeemer will be a party to this agreement. If you purchase a gift card for somebody else, you should ensure that they are aware of these terms.
1.5 If you have any questions about these terms or wish to contact us you can reach us:
1.5.1 By using the 'contact' page of our website; or
1.5.2 By email at info@zach-helm.com
2 THE PLATFORM
2.1 The Platform makes available content presented by celebrities or other well-known individuals (“Content”) subject to these terms and conditions.
2.2 Limitations to the Platform. The Platform and the Content are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or any Content. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
2.3 If you download or stream the Platform onto any computer, phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
3 DO ANY OTHER TERMS APPLY?
3.1 Sometimes there will be terms and conditions in addition to these terms which apply to your relationship with us, or your use of the Platform. These may include:
3.1.1 the terms and conditions of use applicable to your use of any device or web browser through which you access the Platform;
3.1.2 the terms and conditions, rules and policies applicable to any app store through which you obtain any of our mobile application(s), which may apply as well as or instead of these terms where there are differences or conflicts between the two;
3.1.3 additional or bespoke terms and conditions of purchase or membership which will be communicated to you at the point you make that purchase or subscribe for that membership;
3.1.4 the terms and conditions of any promotion or competition which we may run from time to time, which will be communicated to you before or when you sign-up for that promotion or competition; and
3.1.5 any business affiliate terms which apply where you access the Platform through your insurer, employer or another business affiliate.
3.2 By 'membership' we mean a payment by you (payment includes the redemption of a gift card for a membership) which grants you access to all Content on the Platform for a period of time (also referred to on the Platform as an 'All Courses Pass'). By 'member' we mean anyone with a membership from time to time.
3.3 By ‘gift cards’, we mean a digital code issued by zach-helm.com Death, Plague, Pestilence & Greed LLC which can be used to redeem (subject to these terms) the course to which the gift card relates or an All Courses Pass, which are available on the Platform, for no additional charge to the redeemer.
3.4 Privacy. Personal data processed by Death, Plague, Pestilence & Greed LLC in connection with your Purchase or Redemption will be processed in accordance with the Privacy Notice available here. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. If there is any inconsistency between these terms and the terms of our privacy notice, the privacy notice will prevail to the extent of such inconsistency.
3.5 When you provide a review through our review provider reviews.io their rules apply to the content of the review you provide including when such review may be moderated or taken down.
4 OPERATING SYSTEM REQUIREMENTS
4.1 The Platform has the following minimum and recommended system requirements:
4.2 Operating systems for web: Windows 10 or later. Mac OS X 10.13 or later. Android 5.1.1 or later. iOS 13 or later. Supported browsers: Chrome, Firefox, Opera, Edge stable versions under two years old. Safari latest and previous stable major version. Android native; and
4.3 Operating systems for native mobile apps: iOS 13 or later. Android 9 or later.
4.4 It is your responsibility to make sure your equipment, systems and connectivity are suitable to enable you to access the service before you purchase a course. We will not be responsible for any inability to use the Platform (or any particular functionality thereof) or access any Content due to your hardware and/or software not meeting these requirements.
4.5 You are responsible for any costs or other charges or expenses from your internet service provider or network operator in relation to your internet service, your mobile service and any use of the Platform.
5 TECHNICAL INFORMATION ABOUT YOUR DEVICE
5.1 By using the Platform, we may collect and use technical information about the devices you use the Platform on and related software, hardware and peripherals to improve our products and to provide any Content and services to you. More information is available in our Privacy Notice.
6 YOUR PURCHASE OR REDEMPTION
6.1 Most of our content requires a fee to be paid before you can access it. This may be:
6.1.1 a fee paid for certain content (in which case you will have purchased a one-off personal license to view that content for twelve (12) months according to these terms and any terms applicable to that content or purchase which may be separately communicated to you at checkout); or
6.1.2 a fee paid for the purchase of a membership, which will give you a limited-time license to view certain content for as long as your membership remains active, subject to any terms and conditions applicable to that membership which will be communicated to you at checkout.
6.2 We may also decide from time to time to allow you to access certain content for free (for example as part of a promotion or trial period). We can remove access to this content at any time for any or no reason.
6.3 In these terms, content which you have the right to access (because you’ve purchased a limited licence to access it, because you have purchased a membership which entitles you to access it or because you have redeemed a gift card which enables you to access it, or because we decide to offer it for free from time to time) is called “Permitted Content”.
6.4 To make a Purchase or Redemption, you must:
6.4.1 be at least 18 years of age;
6.4.2 be a natural person; and
6.4.3 not be in breach of any agreements with us or any of our terms and conditions (including these ones).
3.2 You may make a Purchase or a Redemption via the Website or via the App, as follows:
3.2.1 when making a Purchase or Redemption through the Website you will be required to provide us (to the extent you do not already have an account with us and we do not already hold such information) with your first name, last name, email address and password, and a valid method of payment (except where making a Redemption) and then follow the procedure set out on the Website to submit your order. You should check all of the information that you enter and correct any errors before submitting your order, as once your order is submitted, we will begin processing it immediately. All orders placed and processed via the Website shall be in the English language. These terms and conditions are only available in the English language.
3.2.2 To make a Purchase via the App, you will be required to download the App from the relevant platform in relation to your mobile device (for example Apple's App Store or the Google Play store) and you will be required to provide us (to the extent you do not already have an account with us and we do not already hold such information) with your first name, last name, email address and password, and a valid method of payment and then follow the procedure set out on the App to submit your order. You should check all of the information that you enter and correct any errors before submitting your order, as once your order is submitted, we will begin processing it immediately. All orders placed and processed via the App shall be in the English language. These terms and conditions are only available in the English language.
6.5 If we ask you to, you agree to provide us with evidence of your identity and that provision of the same will be a condition to you being able to purchase or continue to access your membership or course.
6.6 If we are do not accept your order, we will inform you by email and refund any payments already made.
6.7 If you have a valid discount, you will need to redeem it using the discount URL and following the purchase method provided from that URL. Unless otherwise stated, only one discount code, gift card or promotional code may be used per membership. Other promotional terms may apply.
6.8 We accept payment by the following credit or debit cards:
6.8.1 Visa
6.8.2 Mastercard; and
6.8.3 American Express
6.9 All prices include VAT unless otherwise stated.
6.10 Payment details are stored securely by a third party to allow recurring payment for future recurring payments.
7 CONTENT
7.1 All Content is subject to availability and we can add any Content to and remove any Content from the Platform in our absolute discretion. While we try to ensure the consistency of Content available on the Platform, we cannot guarantee that any Content will be available on the Platform in perpetuity or for any period of time.
7.2 We may advertise Content as "Coming soon" or similar expressions where we have a reasonable basis to believe that Content will soon be available on the Platform (i.e. where it is in pre-publication or production), but we cannot guarantee that any such Content, or any other Content that is not currently available on the Platform, will be finalized and released on the Platform in future.
7.3 Due to licensing requirements and local laws, we cannot guarantee that all Content will be available in all territories.
8 LICENCE
8.1 All intellectual property rights in the Platform, the Content and any other materials on our website(s) or mobile application software(s) throughout the world belong to us (or our licensors) and the rights in the Platform and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Content or any other such material other than the right to use them in accordance with these terms.
8.2 We license you to use and access:
8.2.1 the Platform;
8.2.2 your Permitted Content; and
8.2.3 any other material related to the foregoing, including general information on the Platform in each case subject to the terms and conditions set out in these terms. You are not licensed or permitted to use the Platform or any content on the Platform in any other manner.
8.3 You may receive and use any free supplementary software code or update of any mobile application software we offer from time to time incorporating "patches" and corrections of errors as we may make available to you. We will try to undertake scheduled maintenance during times when we anticipate that online use is lower than normal. However, we may undertake emergency maintenance and/or suspend access to the Platform where we reasonably think the need to do that outweighs any inconvenience of our users (for example to fix an urgent security flaw).
8.4 Without prejudice to the preceding paragraph, you acknowledge that the name Zach Helm, and the name and logo for zach-helm.com is used by us under license from Death, Plague, Pestilence & Greed and that you will acquire no rights in or to the same.
9 USE OF PURCHASES
9.1 Purchases are only supplied for private and non-commercial use. Any Content accessed using your Purchase must be for your personal consumption only. We reserve the right at any time and in our sole discretion to verify your eligibility and compliance with these terms and conditions, including but not limited to, ensuring that the Purchase is not being used for a commercial purpose.
9.2 Each Purchase is subject, on an ongoing basis, to you making 'fair' use of your Purchase, to be determined in Death, Plague, Pestilence & Greed LLC's reasonable opinion. Examples of use that will not be considered 'fair' include:
9.2.1 where your access to Content or use of the Platform's bandwidth is materially or repeatedly in excess of that which may reasonably be expected of a typical user;
9.2.2 where Death, Plague, Pestilence & Greed LLC reasonably believes that a user may be using their access to download, rip or pirate content other than as expressly permitted by us;
9.2.3 any attempt to gain unauthorized access to the Platform, Content, the credentials of another user, the server on which any of the foregoing is stored or any server, computer or database connected to the Platform;
9.2.4 attacking the Platform or its associated servers via denial-of-service attacks, distributed denial-of service attacks or similar activity, or taking any other action in connection with the Platform which would or may be an offense under the Computer Misuse Act 1990;
9.2.5 using the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
9.2.6 collecting or harvesting any information or data from the Platform or our systems or deciphering any transmissions to or from the servers or databases running or communicating the Platform (other than in the ordinary course of using the Platform), or attempting to do any of the foregoing; or
9.2.7 where Death, Plague, Pestilence & Greed LLC has reason to believe that a user is in breach of these terms or any other applicable terms of use.
9.3 Without prejudice to its other rights and remedies, Death, Plague, Pestilence & Greed LLC will be entitled to suspend and/or cancel a Purchase if it considers a user is in breach of clause 9.2.
10 LICENCE RESTRICTIONS
10.1 You agree that you will:
10.1.1 keep your login credentials secure, not give them to any third party, and promptly notify us if you believe that somebody else has access to them;
10.1.2 comply with our reasonably instructions regarding your use of the Platform and your use and viewing of any Permitted Content;
10.1.3 not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or any Content in any form, in whole or in part to any person without prior written consent from us;
10.1.4 not copy, download, lend, hire, broadcast, stream or display to the public, capture or rip, archive, share or distribute the Platform, any Content or any other materials on our website(s) or mobile application(s), except as part of the normal and permitted use of the Platform (e.g. to use any 'download to own' feature which we may offer from time to time);
10.1.5 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Content or any other material on our website(s) or mobile application(s), nor permit them (in whole or in part) to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and access Permitted Content as permitted by these terms (e.g. through a third party web browser). This includes the use of through-linking, framing and similar such methods;
10.1.6 not create or seek to create any works or materials derived from or based on the Platform or any Content;
10.1.7 not remove or seek to remove any copyright information or proprietary notices from the Platform or any Content;
10.1.8 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or any Content nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
10.1.9 not circumvent or seek to circumvent any digital rights management tools or technological protection measures relating to the Platform or any Content;
10.1.10 not (and not allow any other person to) use the Platform or any Content: (i) in any unlawful or immoral manner, (ii) for any unlawful or immoral purpose, (iii) in any way which is or may reasonably be regarded as causing distress, harm or offense or being defamatory or harmful to any third party, us, our Platform, any Content or our brand, or (iv) in any manner inconsistent with these terms;
10.1.11 not act fraudulently or maliciously, for example, by using somebody else's login credentials, ripping or otherwise procuring unauthorized access or making unauthorized copies of the Content, or by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any Content;
10.1.12 not infringe our intellectual property rights or those of any third party in relation to your use of the Platform and any Content;
10.1.13 not seek to block, disable, obscure or impair any promotional material, sponsorship material or advertising on our Platform;
10.1.14 not use the Platform or any Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
10.1.15 not collect or harvest any information or data (including metadata) from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform. This includes scraping any content, material or data on our Platform; and
10.1.16 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
10.2 We use security and digital rights management technology to protect Content from unauthorised use and copying. You agree that you will not seek to obtain, view or otherwise use any Content which is not Permitted Content, and you must not penetrate, remove, or otherwise alter or interfere with any such security measures, or attempt to do so, or assist any other person in doing or attempting to do so.
11 ADDITIONAL MEMBERSHIP TERMS
11.1 The terms set out in this clause 11 apply only to those who have a membership to the Platform, whether through a Purchase or a Redemption.
11.2 You accept that, unless you opt out of auto-renewal or have accessed your membership through a Redemption, the membership will automatically renew using automatically recurring payments as detailed in these terms and conditions, and that you will be responsible for all recurring fees. You can opt out of auto-renewal at any time during your membership on the 'My Account' page, or by contacting info@zach-helm.com. The recurring membership fee will be the same amount as you paid for your membership in the previous year, unless any price increases are notified to you in accordance with clause 11.4 and will be charged on the same day each year.
11.3 We will provide you with notice of the renewal of your membership 30 days’ prior to its renewal and each year, after the recurring annual payment has been received, we will email you to confirm your membership has been renewed for another year. Your membership starts on the day of our acceptance of your order. Once we have accepted your order, you can start using your membership straight away. This clause 11.3 does not apply if you have redeemed a gift card for the membership (please refer to clause 11.5) however, this clause 11.3 will apply to you if you decide to renew your membership once your initial year's membership has expired.
11.4 If the amount to be charged for a recurring membership fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least forty (40) days before the scheduled date of payment of the recurring membership fee
11.5 This clause 11.5 applies to memberships that are redeemed through a gift card only. The redemption of a membership through a gift card grants you a membership for a fixed period of twelve (12) months only. In order for your membership to continue, you will need to take steps in your account to opt into auto-renewal which shall include adding a valid payment method to your account. All other memberships shall, unless you opt out of auto-renewal, automatically renew as per clause 11.2 above. If you are redeeming a gift card, you should continue to read and accept the remainder of this clause 11.
11.6 Your non-use of a membership will not obligate us to provide you with any refund, in whole or part, of your annual membership fee, but we may send you reminders about unused memberships and, to ensure our compliance with consumer protection requirements, may cancel memberships which have not been used for a long time.
11.7 Each renewal extends the duration of an existing membership and does not qualify as a new membership, including for the purposes of any joining offers or the 30-day money-back guarantee set out in these terms.
11.8 There is a limit of one membership per person and you cannot transfer your membership to any other person.
11.9 If you provide false, misleading or offensive information, you may be blocked from membership. Any harassing, aggressive or litigious behavior may result in cancelation of your membership and participation in programs at any time.
12 ADDITIONAL GIFT CARD TERMS
12.1 Death, Plague, Pestilence & Greed LLC does not currently sell gift cards which operate as 'pre-paid' vouchers in relation to which a credit balance can be redeemed against products on the Platform generally. Each gift card can only be used to redeem the particular course for which it was purchased in accordance with these terms. When and if gift cards become a part of the Platform, and if you have a valid gift card to use, you will need to enter it in the gift card code box on the redeem gift card area of the gift card page of the Death, Plague, Pestilence & Greed LLC website. No such codes can be applied retrospectively. Unless otherwise stated, only one discount code, gift card or promotional code may be used per membership. Other promotional terms may apply. For the avoidance of doubt, gift cards cannot be redeemed via the App.
13 CANCELLATIONS AND REFUNDS
13.1 Membership cancellations and refunds. Where you have purchased a membership:
13.1.1 due to the limited and very specific content offered on the Platform there is no "Cooling-Off Period"
13.1.2 You can cancel your membership at any time. The cancellation will be effective from the end of the membership year in which you cancel. Other than as set out in these terms, cancellations are not eligible for refunds.
13.1.3 To cancel your membership or to opt-out of auto-renewal if you subscribed via the Website, you need to click the ‘My Account’ link provided in any of your membership renewal emails or go to: info@zach-helm.com. You will need to login using your email address and password. You will then be able to view your membership and cancel it. If you have any difficulties in cancelling your membership, please contact us using the details at the top of these terms and conditions.
13.1.4 You have the right to cancel any renewal of your membership, for any reason, within 14 days of the date of your renewal starting and to receive a full refund. This period is inclusive of and does not operate in addition to any right of withdrawal, cancellation or cooling-off period under any applicable consumer protection laws but may, where you subscribe through the App, be subject to the refund terms that apply through your use of the Apple Store or Google Play.
13.1.5 We will make any reimbursement due no later than 14 days after the day on which we are informed about your decision to cancel your membership. We will make the reimbursement using the same means of payment you use to pay for your membership unless you expressly agree otherwise. Your refund is conditional on you providing us with any information we need to process it.
13.1.6 If you wish to exercise your right to cancel in accordance with clause 13.1.1 or 13.1.4 you must contact us to let us know that you are doing so. You may do this by contacting us on the contact details set out at the top of these terms and conditions or via our contact form or via info@zach-helm.com.
13.4.1 Once a download (or stream) of any such Permitted Content has started (provided you have been told this and have acknowledged it); or
13.4.2 Where we have told you during the checkout process that completion of the purchase will give you the immediate right to access the Permitted Content such that you won’t be able to cancel the contract and get a refund, and you have proceeded with the purchase notwithstanding such disclaimer.
13.5 We will send you an acknowledgement of receipt of your cancellation request by email.
14 PLATFORM FUNCTIONALITY AND UPDATES
14.1 Please back-up data used with the Platform. We recommend that you back up any data used in connection with the Platform, to protect yourself in case of problems with the Platform. This does not extend to you making any copy of the Content, which you do not have the right to do unless and to the extent that we offer a 'download to own' feature from time to time, and then in accordance with any additional terms which apply to that feature.
14.2 Check that the Platform and Content is suitable for you. The Platform and Content have not been developed or produced to meet your individual requirements. Please check that the facilities and functions of the Platform and the description of any Content meet your requirements prior to using, purchasing, subscribing for, and accessing them.
14.3 Bugs and Errors. The Platform relies in part on software to work. Although we take care in developing our Platform, all software has bugs or potential for bugs. We cannot guarantee that the Platform or any individual feature of the Platform will be error free, available all the time and/or free from viruses.
14.4 We make no representations or guarantees as to the uptime, performance or functionality of the Platform.
14.5 From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to our hardware or software or address security issues. Alternatively, we may ask you to update any mobile application we offer from time to time for these reasons.
14.6 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform or access Permitted Content.
15 MANAGING YOUR ACCOUNT
15.1 When you have an active membership or purchase, you will be able to login to your account by visiting zach-helm.com or the App/your mobile device and entering the email address and password used. Once you have logged in to either the app or website, you are able to:
15.1.1 check your account information and membership details;
15.1.2 update your address & payment details;
15.1.3 see your billing history and download past receipts;
15.1.4 cancel your membership; and
15.1.5 manage your marketing preferences.
Where you have subscribed through the App Store or Google Play, you may need to undertake some of these through the App Store or Google Play.
15.2 You can delete your account using the links on the user section of our website or by contacting us. When you delete your account, most of your personal data will be deleted (see our Privacy Notice for more information). If you have subscribed through the App, you may need to separately cancel your membership through the Apple Store or Google Play – see clause 8.3.
15.3 If you delete your account, your purchase history may be deleted, and this means that you will not be able to access any Permitted Content which you have previously purchased. This includes if you delete your account before your membership period has expired (if applicable). You waive and forfeit your rights to the Content in these circumstances and acknowledge that we will not be able to recover your account or your access to Content you may have purchased, even if you subsequently sign-up for a new account.
16 IF THERE IS A PROBLEM WITH THE PLATFORM, YOUR PURCHASE, REDEMPTION OR THE ORDERING PROCESS
16.1 If you have any questions or complaints about the Platform, your Purchase or Redemption, please contact us on the contact details set out at the top of these terms and conditions. Please note that we operate and support the Platform and you should not contact the BBC or any other third party as they will not usually be able to assist you with your request or complaint.
16.2 A copy of our complaints procedure can be requested via info@zach-helm.com.
17 THE DURATION OF THESE TERMS
17.1 These terms constitute a contract between you and us relating to your use of the Platform and any Content which you may purchase or otherwise have access to from time to time.
17.2 That contract continues for as long as: (i) you use our Platform; or (ii) you have access to any Content (whichever is longer). You can terminate the contract sooner by deleting your account in accordance with paragraph 16 above. We can terminate the contract sooner if you break these terms, as set out in paragraph 19 below.
18 OUR RIGHTS TO END THE CONTRACT
18.1 If you do not make any payment to us when it is due, we will write to you to remind you that payment is due and may suspend your access to the Content until we are in receipt of cleared funds from you. If you still do not make payment within 30 days, we may cancel your access.
18.2 In relation to memberships, we may withdraw the membership for any or no reason. We will write to you to let you know that we are going to stop providing the membership. We will endeavor to let you know at least 30 days in advance of our stopping the membership and will not take any subsequent recurring annual membership fees and we will pay you a pro rata refund of an amount equal to the membership fee prepaid by you for the period after your membership has been withdrawn.
18.3 Without prejudice to clause 19.2 above, or any other rights and remedies available to us, we may suspend and/or cancel your membership (where you have purchased or redeemed a membership) or your access to the Content (where you have purchased or redeemed a specific course) if:
18.3.1 you are in serious breach of these terms and conditions;
18.3.2 you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions;
18.3.3 in accordance with clause 9.2, we consider, in our reasonable opinion, that your use of the Content is not 'fair'; or
18.3.4 you breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach.
18.4 If we end your rights to use the Platform or access any Content:
18.4.1 you must stop all activities authorised by these terms, including your use of the Platform and access to any Content (including Permitted Content);
18.4.2 you must delete or remove the Platform from all devices (to the extent downloaded) in your possession and immediately destroy all copies of the Platform and Content (to the extent downloaded) which you have and confirm to us that you have done this; and
18.4.3 we may, if our technology allows and without prejudice to the preceding sub-paragraphs, remotely access your devices and remove the Platform and any Content (or your right to access the same) from them and cease providing you with access to the Platform and Content.
19. N/A
20 RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 Nothing in these terms and conditions will affect your legal rights as a consumer and we do not limit any liability which cannot legally be limited, including liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation.
20.2 Defective Permitted Content. If any Permitted Content you have purchased is faulty, you are entitled to receive a replacement copy of such faulty Content. If the fault cannot be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you are entitled to a partial or full refund.
20.3 When we are liable for damage to your property. If you can show that defective Permitted Content that we have supplied damages a device or digital content belonging to you and we haven't used reasonable skill and care, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
20.4 Subject to clauses. 20.5 and 20.6, If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued).
20.5 We are not liable for business losses. We only supply the Content for personal use. If you use the Content or Platform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.6 Subject to clause 20.1, 20.2 and 20.3 our liability to you under and in respect of these terms and conditions is limited to the cost of the fees paid by you under these terms and conditions. Where you have redeemed a gift card, our liability to you under and in respect of these terms and conditions is limited to the fees paid for the gift card that is being or has been redeemed.
21 WE ARE NOT RESPONSIBLE FOR LINKED CONTENT
21.1 The Platform may contain links to other independent websites, mobile application software and other content which are not provided by us. Such independent sites (including those operated by the BBC) are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
21.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
22 OTHER IMPORTANT TERMS
22.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
22.2 We will endeavor to give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next access the Platform, unless changes are required sooner by law, to comply with best practice, or to reflect changes in how the Platform is operated.
22.3 If you do not accept the notified changes you will either:
22.3.1 be able to continue to use the Platform and access any Permitted Content in accordance with the existing terms but certain new features may not be available to you; or
22.3.2 in certain circumstances, you will not be permitted to continue to use the Platform or access Permitted Content (in which case you have the right to cancel this contract by contacting us at info@zach-helm.com and may be eligible for a refund and we will contact you separately about this).
22.4 We reserve the right to refuse to accept a new order or any annual renewal if we reasonably believe that you are not complying (or have not in the past complied) with these terms and conditions.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the membership, we can still require you to make the payment at a later date.
22.6 We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may:
22.6.1 suspend your membership or access to the Content for the period during which your membership or access to the Content cannot be used. During such suspension period, we will take no further payments from you under these terms and conditions. In this case, the then current membership period for your membership or access period will continue once your membership can be used again or access can be granted again or may be terminated in accordance with clause 22.6.2 below; and
22.6.2 if the period of delay or non-performance continues for a significant period of time, we may terminate your membership or access to the Content. If we terminate under this clause 22.6.2, we will pay a pro rata refund of an amount equal to the fee prepaid by you for the period after your membership or access has been terminated (for the avoidance of any doubt no payment shall be due to the redeemer where the membership or access to the Content was redeemed via a gift card and in such circumstances, refunds pursuant to this clause 22.6.2 will need to be requested by the purchaser of the applicable gift card).
23 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
23.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
24 GENERAL
24.1 We are giving you personally the right to use the Platform and access any Permitted Content. Whilst you may of course watch the Permitted Content with others (but never as part of a public display), you may not otherwise transfer your rights in the Platform or any Permitted Content to someone else, whether for money, for anything else or for free.
24.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
24.3 If you sell any device on which the Platform is installed or any Content is downloaded, you must remove the Platform or such Content first.
24.4 No-one other than a party to this contract has a right to enforce these terms.
24.5 If any provision of these terms shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.
24.6 These terms are governed by the law of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
24.7 If you are not happy with how we have handled any complaint, please contact us and we will advise you regarding whether we offer any forms of alternative dispute resolution and how to follow up on your complaint. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. It won't prevent you from bringing legal proceedings.
25. ADDITIONAL FREE CONTENT TERMS
25.1 We may, from time to time, offer you the opportunity to access a selection of lessons based on your interests for free in accordance with these additional free content terms.
25.2 In order to benefit from the free content you may need to: (a) answer some questions about your interests; (b) set up an account on our platform; and (c) consent to marketing. Once you have done so we may provide you with access to free content we think may be of interest to you.
25.3 Our use of your personal data provided in order to access the free content is governed by our privacy policy found here.
25.4 You may withdraw your consent to marketing at any time through your account or emailing info@zach-helm.com
25.5 Your creation of an account will not automatically enroll you in auto-renewal or otherwise take any payment from you.
25.6 We can, in our sole discretion, amend the free content we make available to you from time to time or remove access to any or all content.
25.7 Each customer may only access the free content through one account.
25.8 The free content cannot be redeemed for cash or any in-kind value.