TERMS OF USE​

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Agreement to Terms 

In purchasing a subscription, you agree to these terms of use, which constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Plottery (the “Company”), “we”, “us” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The Company provides online programmes for the provision of support to creative individuals for the purpose of growing writing skills and a programme (the “Programme”) which consists of masterclasses, personal coaching calls, pitching sessions, the provision of online resources, a private community, and potential other future offerings (the “Products”), all of which are subject to modification or change at our sole discretion. In order to help make the Site a secure environment for the purchase and sale of the Products, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Products, you have read, understood and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of Use, then you are expressly prohibited from using the Site and/or the Products and you must discontinue immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for their compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights 

Unless otherwise indicated, the Site and the Products are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographic and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Products and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior permission. 
Provided that you are eligible to use the Site and the Products, you are granted a limited license to access and use the Site and the Products and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Products, the Content and the Marks. 

User Representations 

By using the Site or Products, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Products, through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the site for any illegal or unauthorised purpose; and (7) your use of the Site or the Products will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

You may not use the Site or the Products for any illegal or unauthorised purpose nor may you, in the use of the Products, violate any laws. 

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the site or offered through the site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions or misrepresentations contained within the Site’s content. 

User Registration 

You may be required to register with the Site in order to access the Products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Payments and Fees 
When you click to submit your online application for our online offers, you are making an offer to join the Site and access the Site, Programme and the Products, which, if accepted by Us, will result in a legally binding contract.

We accept the following forms of payment: 
– Visa
– Mastercard
– American Express

You will be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. 
 

 

Refund Policy for Soft Plotting Program™ 1 year live program (For those who joined ON or AFTER September 23rd 2024)

We offer a 30-day guarantee for this product where the customer may request a refund on their full payment or their first installment. A refund will only be provided if the customer can present proof of program misrepresentation in the promotional material or landing pages, where the promised learning material does not match the learning in the course.

It has always been clearly communicated what this programme entails in our marketing, such as our webinars, social media, websites, and sales pages. It is the customer's responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses.

The monthly fee for this program is not a subscription but an installment for the full price of the program, and as such, the full amount of all 12 installments must be paid.

Early Termination

If a customer wishes to terminate their installment plan before the full balance is paid, they must provide written notice to The Plottery at least 1 full month in advance of their next installment's due date. They will also incur an Early Termination Fee.

This fee is equal to 1 monthly installment of the program at its current full price, without any discounts applied, regardless of what offer the customer joined with.

Calculating the early termination fee: If a customer joins with 12 installments of $97, with a discount which brings their monthly installments to 12 x $67, and they decide to cancel, their termination fee will be calculated at the full rate of $97. Their final month will then come to their regular monthly installment of $67 + the termination fee of $97, which will bring their total to $164 to exit the program early.

 

Immediate Payment: The early termination fee and any remaining balance must be paid in full immediately upon termination.

No Waiver of Rights: Terminating the installment plan early and paying the early termination fee does not waive the customer's responsibility for any other obligations or fees incurred prior to termination.

The program may only be cancelled or delayed without termination fees in the event of serious injury, serious illness, redundancy or pregnancy. Proof may be required for these extreme cases.

 

Refund Policy for Soft Plotting Program™ 1 year live program (For those who joined BEFORE September 22nd 2024)

We offer a 30-day guarantee for this product where the customer may request a refund on their full payment or their first installment. A refund will only be provided if the customer can present proof of program misrepresentation in the promotional material or landing pages, where the promised learning material does not match the learning in the course.

It has always been clearly communicated what this programme entails in our marketing, such as our webinars, social media, websites, and sales pages. It is the customer's responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses.

The monthly fee for this program is not a subscription but an installment for the full price of the program, and as such, the full amount of all 12 installments must be paid.

Early Termination

If a customer wishes to terminate their installment plan before the full balance is paid, they must provide written notice to The Plottery at least 1 full month in advance of their next installment's due date.

Payment Obligation: Upon early termination, the customer agrees to pay an early termination fee. This fee, along with any previously paid installments, will be equal to at least 50% of the full balance due under the installment plan. If a customer has already paid off more than 50% of the full price, no further fee will be incurred.

Calculation of Remaining Balance: The remaining balance is calculated as the total outstanding amount owed by the customer at the time of termination. For example, if the total sum of your monthly installments is $800, and you have paid $200 in installments, your termination fee will be $200 to cover 50% total ($400) of the full price ($800).

Immediate Payment: The early termination fee and any remaining balance must be paid in full immediately upon termination.

No Waiver of Rights: Terminating the installment plan early and paying the early termination fee does not waive the customer's responsibility for any other obligations or fees incurred prior to termination.

The program may only be cancelled or delayed without termination fees in the event of serious injury, serious illness, redundancy or pregnancy. Proof may be required for these extreme cases.

Refund Policy of the Power Plotter™ coaching program

1. Either party can request a termination of this agreement/contract if there is a breakdown in the coaching relationship, inadequate commitment to the process or lack of progress being made.

2. If the coachee has chosen the monthly payment option, they will not be charged for any remaining months of their program. The payment for the month they were undergoing at the time of the termination request will still be processed, and is non-refundable, due to the research & preparation time put in by the coach and the materials they will have already shared with the coachee.

3. If the coachee has paid in full, a fair refund for the remaining weeks of coaching may be discussed between both parties, if the reason for cancellation is valid and supported by the coach.

Refund Policy for Pro at Prose™ online writing course

We offer a 14-day guarantee for this product, but due to the digital nature of the product with immediate access to learning and downloadables, we may only be able to provide a partial refund. A full refund will only be provided if the customer can present proof of course misrepresentation in the promotional material or landing pages, where the promised learning material does not match the learning in the course.

It has always been clearly communicated what this programme entails in our marketing, such as our webinars, social media, websites, and sales pages. It is the customer's responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses.

 

Refund Policy for Novel Plotting Academy (NPA)™

Due to the digital nature and immediate access of this product, no refunds are offered at this time. 

It has always been clearly communicated what this programme entails in our marketing, such as our webinars, social media, websites, and sales pages. It is the customer's responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses.

 

Refund Policy for Writer's ToolBoox™

Due to the digital nature and immediate access of this product, no refunds are offered at this time. We also do not offer partial refunds under any circumstances.

 

Refund Policy for live workshops

The Plottery Ltd is unable to offer any refunds for live workshops under any circumstance.

If the customer misses the live event, they will still receive access to workshop materials, and this does not qualify them for a refund.

Prohibited Activities

You may not access or use the Site or Products for any purpose other than that for which we make them available. As a user of the Site and Products, you agree not to:

1. Systematically retrieve data or other content or create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorised use of the Site or Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site or Products, including features that prevent or restrict the use or copying of any Content or enforce limitations on their use and/or the Content contained therein
4. Trick, defraud, or mislead us and other users.
5. Make improper use of our support services or submit false reports of abuse or misconduct.
6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
7. Interfere with, disrupt, or create an undue burden on the Site or Products or the networks or services connected to the Site.
8. Attempt to impersonate another user or person or use the username of another user.
9. Sell or otherwise transfer your profile.
10. Use any information obtained from the Site or Products in order to harass, abuse, or harm another person.
11. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Products.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
15. Delete the copyright or other proprietary rights notice from any Content.
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
19. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
21. Use the Site in a manner inconsistent with any applicable laws or regulations.

User Generated Contributions 

The Site and Products may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create, or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
8. Your Contributions do not violate any applicable law, regulation, or rule.
9. Your Contributions do not violate the privacy or publicity rights of any third party.
10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
11. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
12. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
13. Any use of the Site or Products in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

Third-Party Websites and Content 

The Site and the Products may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management 

We reserve the right, but not the obligation, to: (1) monitor the Site and Products for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and Products in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Limitation of Liability 

In no event will We, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you under this agreement during the One (1) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Site and the Products will be in strict accordance with The Plottery Privacy Policy, these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification 

You agree to defend, indemnify, and hold us harmless, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and the Products; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site and the Products. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and the Products. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Entire Agreement 

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement.