Terms & Conditions
TERMS AND CONDITIONS
Million Ecommerce System (MES) / MES Consulting
Welcome to Million Ecommerce System (MES) and its affiliated companies. The following Terms and Conditions govern your purchase and use of services provided by MES Consulting and affiliated companies (Service Provider). By confirming your purchase, you agree to be bound by these Terms and Conditions (Agreement).
SECTION 1 – APPLICABILITY
1.1 Scope
These Terms govern all services provided by the Service Provider to you (Customer). By confirming your purchase via voice call, voice message, text message, email, electronic signature, checkout page, or any other means (Confirmation), you acknowledge and agree to these Terms.
1.2 Entire Agreement
This Agreement supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and communications, whether written or oral.
1.3 Precedence
In the event of a conflict between these Terms and the Confirmation, these Terms shall prevail unless explicitly stated otherwise in the Confirmation.
1.4 Acceptance Through Platform Access
In addition to the confirmation methods in Section 1.1, the Customer’s agreement to these Terms is also confirmed by:
a) Accessing or logging into the Service Provider’s learning portal or online platforms;
b) Downloading, viewing, or using any materials provided;
c) Participating in any online training, coaching sessions, or educational content.
1.5 Presumption of Agreement
All Customers are presumed to have read, understood, and agreed to these Terms and Conditions upon accessing any Service Provider platforms or materials. Continued use constitutes ongoing acceptance of these Terms, including any modifications made in accordance with Section 23.
SECTION 2 – CUSTOMER’S OBLIGATIONS
2.1 The Customer shall:
a) Respond promptly to all Service Provider requests for information, approvals, or decisions reasonably necessary for the performance of services;
b) Provide accurate and complete materials or information as required;
c) Obtain and maintain all necessary licenses, permissions, and consents to comply with applicable laws related to the services.
SECTION 3 – CUSTOMER REQUIREMENTS
3.1 The Customer agrees to:
a) Provide any requested information promptly to ensure effective service delivery;
b) Complete the training course in full and perform all assigned action items;
c) Maintain regular contact with the Service Provider. If the Customer fails to respond or engage within 30 days, the Service Provider may terminate this Agreement, and all unpaid fees will become immediately due.
SECTION 4 – SERVICES
4.1 Scope of Services
The Service Provider agrees to provide coaching, training, consulting, and related services as described in the Customer’s Confirmation and program materials (Services).
4.2 Nature of Services
Services may include, without limitation:
a) Addressing personal or business challenges;
b) Identifying actionable plans and strategies;
c) Providing recommendations for professional or personal growth.
The Customer understands Services are educational and advisory in nature, and all business decisions remain the Customer’s sole responsibility.
4.3 Program Tracks and Duration
a) Track 1 – 90 Day Intensive Program with Guarantee: If explicitly selected at enrollment, Services for Track 1 are provided for ninety (90) consecutive days from the enrollment confirmation date, subject to the conditions in Section 7.2.
b) Track 2 – 12 Month Comprehensive Program (Default): If the Customer does not explicitly select Track 1 in writing, the Customer is automatically enrolled in Track 2, which includes Services for twelve (12) consecutive months from the enrollment confirmation date, subject to Section 7.
c) Any reference to shorter timeframes in marketing (for example “6 weeks” or “90 days”) describes typical milestones, not total service obligation, unless expressly stated as Track 1 under Section 7.2.
4.4 No Guaranteed Results
The Customer acknowledges that the Service Provider does not and cannot guarantee any specific financial, business, or personal results, and that outcomes depend on factors outside the Service Provider’s control, including the Customer’s effort, implementation, and market conditions.
SECTION 5 – CUSTOMER’S ACTS OR OMISSIONS
5.1 The Service Provider shall not be liable for delays or failure to perform services caused by any act or omission of the Customer, including but not limited to:
a) Failure to provide required information or materials;
b) Disruption of scheduled coaching sessions or training.
SECTION 6 – FEES, EXPENSES, AND PAYMENT TERMS
6.1 Payment Terms
a) All payments must be made in the currency specified in the Confirmation.
b) Refunds and exchanges are not permissible except as expressly set out in Section 7.
c) The Customer is responsible for any applicable taxes, shipping charges, and handling fees.
6.2 Late Payments
a) Late payments will incur interest at the maximum rate permitted by law from the due date until payment is received in full.
b) If any installment is more than seven (7) calendar days past due, the Service Provider may apply a surcharge of five percent (5%) of the overdue amount.
c) The Service Provider may suspend services until all outstanding amounts, including surcharges and interest, are paid.
6.3 Payment Processing
The Customer authorizes the Service Provider to share payment information with third party payment processors, including Stripe and others, for the purpose of processing payments.
SECTION 7 – FEES, REFUNDS AND GUARANTEES
7.1 No Refund Policy (Default Rule)
7.1.1 All Sales Final
Except where a specific guarantee in this Section 7 expressly applies, all fees are final and non refundable. This includes, without limitation:
a) Upfront payments;
b) Deposits;
c) Installments under payment plans;
d) Renewals or extensions.
7.1.2 No Refund for Non Use or Dissatisfaction
The Customer’s failure to use, attend, or complete the program, or dissatisfaction with the pace or style of delivery, does not entitle the Customer to any refund, credit, or fee reduction.
7.1.3 Reason for No Refunds
The Customer understands that the Service Provider allocates limited capacity, proprietary intellectual property, and coaching resources from Day 1. Once access is granted, the seat cannot be resold, which is why all sales are final.
7.2 90 Day Intensive Results Guarantee (Track 1 Only)
7.2.1 Who This Applies To
This guarantee applies only if:
a) The Customer enrolls in “Track 1 – 90 Day Intensive Program with Guarantee” during a period when this guarantee is advertised; and
b) The order form or Confirmation explicitly states that the Customer is on Track 1 and includes this guarantee.
All other customers are on Track 2 – 12 Month Comprehensive Program and are not eligible for this 90 day refund guarantee.
7.2.2 Guarantee Summary
If, within 90 days of enrollment, you:
a) Fully comply with all participation and implementation requirements in Section 7.2.3; and
b) Achieve no Qualifying Results as defined in Section 7.2.4;
then you may request a refund of your base program fee (excluding taxes, payment processing fees, and a 5% administrative fee), subject to the claim process and our review in Sections 7.2.6 to 7.2.7.
This is a conditional, effort based guarantee, not a promise of business success.
7.2.3 Participation and Implementation Requirements
To remain eligible, during the 90 day period the Customer must:
a) Attendance
Attend at least 90% of scheduled group coaching sessions live;
Be present for at least 75% of each attended session;
Participate with camera on and respond when called upon.
Missing more than one (1) session or being more than fifteen (15) minutes late three (3) or more times voids the guarantee.
b) Assignments
Submit all mandatory weekly assignments by the stated deadlines;
One late submission (up to 48 hours) is allowed; any additional late or missing assignments voids the guarantee.
c) Implementation
Implement all core strategies we label as “Required for Guarantee” on the implementation checklist given in Week 1;
Follow our instructions in good faith and correct implementation where we flag issues in writing.
d) Weekly Reporting and Effort
Submit a weekly progress report (actions, metrics, hours worked) every week;
One missed report is allowed; more than one missed report voids the guarantee;
Average at least fifteen (15) hours per week working on your ecommerce business (strategy, implementation, marketing, sales, fulfillment), documented in your reports. More than three (3) weeks below 15 hours voids the guarantee.
e) Communication
Respond to our written messages within three (3) business days;
Respond to messages clearly marked “URGENT” within twenty four (24) hours on business days;
Three (3) or more missed or significantly delayed responses void the guarantee.
7.2.4 What Counts as Qualifying Results
You are considered to have achieved results, and therefore are not eligible for a refund, if any of the following occur within 90 days:
a) You collect payment from at least one (1) paying client who is an arm’s length third party (not family, household, or another participant), paying at least USD 50 (or equivalent) for your product or service; or
b) You collect total new business revenue of at least USD 200 (or equivalent); or
c) You launch a functioning online offer that:
Has a custom domain, live checkout, and a non test payment gateway; and
Receives at least one (1) real (non test, non friend) order.
If you achieve any Qualifying Result, the guarantee is considered satisfied, and no refund is due.
7.2.5 When the Track 1 Guarantee Is Void
The Track 1 guarantee is automatically void if:
a) Any requirement in Section 7.2.3 is not met;
b) You provide false, incomplete, or misleading information or documentation;
c) You ignore or refuse material coaching recommendations we mark as Required;
d) You are in default on any payment;
e) You breach any other material term of this Agreement.
7.2.6 How to Claim (Track 1)
a) You must email a complete claim between Day 91 and Day 120 from your enrollment date. Earlier or later claims are automatically rejected.
b) Your claim must include, at minimum:
Attendance log;
Copies of all assignments and weekly reports;
Evidence of implementation of Required for Guarantee strategies;
Documentation of all outreach and offers made and results;
Bank or payment processor statements showing relevant revenue;
A signed declaration that all information is true and complete and that you complied in good faith.
c) Incomplete submissions or failure to provide requested clarifications or additional documentation will result in denial.
7.2.7 Evaluation and Refund Payment (Track 1)
a) We review complete claims within sixty (60) business days and determine, in our sole discretion, whether all conditions were met and whether any exclusions apply.
b) Our written decision is final and binding. There is no appeal.
c) If approved, your refund equals:
Base program fee;
Less a 5% administrative fee;
Less payment processing fees;
Less non refundable taxes.
d) Before payment, you must sign a release of claims and a confidentiality and non disparagement agreement.
e) Refunds are paid within thirty (30) business days after all documents are signed.
7.3 12 Month Revenue Back Guarantee (Track 2 – Enrollments On Or After 1 January 2026)
7.3.1 Who This Applies To
This guarantee applies only to Customers who:
a) Enroll in Track 2 – 12 Month Comprehensive Program with an enrollment date on or after 1 January 2026; and
b) Have an order form or Confirmation that explicitly states a 12 Month Revenue Back Guarantee applies.
Customers who enrolled before 1 January 2026, or whose order form does not mention this guarantee, are not eligible and remain subject only to the no refund policy in Section 7.1.
7.3.2 Guarantee Summary
If, after twelve (12) consecutive months from your Track 2 enrollment date, you:
a) Have complied with all participation and implementation requirements in Section 7.3.3; and
b) Have not made back your program fees from your ecommerce business as defined in Section 7.3.4;
then, upon approval of your claim, we will refund to you 100% of your Track 2 base program fee actually paid under this Agreement, excluding taxes and third party payment processing fees.
7.3.3 Participation and Implementation Requirements (You Must Do All)
To remain eligible, throughout the 12 month Track 2 term you must:
a) Attendance – Group Coaching
Attend live at least eighty five percent (85%) of scheduled weekly group coaching sessions; and
b) Attendance – One to One or VIP Sessions (If Included)
If your program includes one to one or VIP coaching sessions, schedule and attend at least eighty five percent (85%) of all sessions made available to you. Sessions you cancel or reschedule with less than 24 hours’ notice, or do not attend, count as missed.
c) Core Curriculum and Assignments
Complete all program modules and assignments we mark as Required for Track 2 Guarantee;
Submit all required assignments, worksheets, and implementation checklists by the stated deadlines. One late submission up to 72 hours is allowed; additional late or missing items void this guarantee.
d) Implementation of Strategies
Implement all core strategies we designate for your ecommerce business in good faith;
Make reasonable changes we request where we identify mis implementation or missing components.
e) Monthly Reporting and Effort
Submit a monthly progress report for each of the twelve (12) months, including at minimum: key actions taken, store or offer metrics, traffic sources, and revenue;
Average at least ten (10) hours per week working on your ecommerce business (strategy, implementation, marketing, sales, fulfillment), documented in your reports.
f) Communication
Respond to our written messages within three (3) business days;
Respond to messages clearly marked URGENT within twenty four (24) hours on business days;
Three (3) or more missed or significantly delayed responses void this guarantee.
g) Truthful Disclosure at Enrollment
Disclose all existing ecommerce stores and ecommerce revenue in the ninety (90) days prior to enrollment;
This guarantee does not apply if your disclosed ecommerce revenue in that period is greater than the total Track 2 base program fee.
7.3.4 Definition of Make Back Your Program Fees
For purposes of this guarantee, you are considered to have made back your program fees if, at any time from your Track 2 enrollment date until the end of the 12 month term, your Net Ecommerce Revenue is greater than or equal to the Track 2 base program fee actually paid under this Agreement.
a) Net Ecommerce Revenue means:
Total gross revenue collected, not just invoiced, from sales of products and or services in your ecommerce business,
Minus refunds, chargebacks, and payment processor reversals,
From arm’s length customers only. No family, household members, or other participants, and no self dealing or circular transactions.
b) Included Revenue
Only revenue from ecommerce offers and stores launched or materially improved using this program during the 12 month term counts. We may, at our discretion, exclude revenue clearly attributable to pre existing offers that were already generating equal or higher revenue prior to enrollment.
7.3.5 When the Track 2 Guarantee Is Void
This Track 2 guarantee is automatically void if:
a) Any requirement in Section 7.3.3 is not met;
b) You provide false, incomplete, or misleading information or documentation at any time;
c) You are in default on any payment at any point during the 12 month term;
d) You initiate or threaten a chargeback in violation of Section 9;
e) You breach any other material term of this Agreement.
7.3.6 How to Claim Your Refund (Track 2)
a) You must email a written claim within thirty (30) days after the end of your initial 12 month Track 2 term. Claims submitted before the term ends, or more than thirty (30) days after, are automatically rejected.
b) Your claim must include, at minimum:
Confirmation that you have not made back your program fees as defined above;
Evidence of attendance and replay consumption (we may cross check our logs);
All monthly progress reports;
Revenue reports, including ecommerce platform exports and payment processor statements covering the entire 12 month period;
A signed declaration that all information is true and complete and that you complied with this Agreement in good faith.
c) Incomplete submissions or failure to provide requested clarifications or additional documentation will result in denial.
7.3.7 Evaluation and Refund Payment (Track 2)
a) We review complete claims within sixty (60) business days and determine, in our sole discretion, whether all conditions were met and whether any exclusions apply.
b) Our written decision is final and binding. There is no appeal.
c) If approved, your refund equals one hundred percent (100%) of the Track 2 base program fee actually paid under this Agreement, excluding:
Taxes already remitted; and
Third party payment processing fees.
d) Before payment, you must sign a release of claims and a confidentiality and non disparagement agreement.
e) Refunds are paid within thirty (30) business days after all documents are signed.
7.4 EMF Application Assistance (No Guarantee)
7.4.1 Service Nature
If the Service Provider offers assistance with Hong Kong Export Marketing Fund (EMF) or similar programs, such services are advisory and administrative only. The Service Provider has no control over any government decision.
7.4.2 No Guarantee of Approval or Funding
The Customer understands and agrees that:
a) The Service Provider does not guarantee EMF approval, funding amount, or timing;
b) Government decisions are solely at the discretion of the relevant authorities;
c) Fees for EMF related services are subject to the standard policy in Section 7.1 and are not contingent on any particular outcome.
7.4.3 Customer Responsibility
The Customer remains fully responsible for:
a) Providing accurate and complete information and documents;
b) Maintaining eligibility under applicable government rules;
c) All business decisions related to any marketing or export activities.
7.5 Guarantee and Claim Validity Period
7.5.1 Any guarantee, refund eligibility, or refund right referenced anywhere in this Section 7 — including but not limited to Sections 7.2 and 7.3 — is valid and enforceable only if the underlying triggering event (including but not limited to submission of an application, receipt of a rejection, achievement or non-achievement of results, or completion of program requirements) occurs, and the corresponding claim is submitted, within the Customer's active service term as defined in Section 22, or within any claim window expressly specified in the applicable guarantee provision, whichever is earlier.
7.5.2 For the avoidance of doubt, no guarantee or refund right survives the automatic termination of the Agreement under Section 15.2, and the Customer acknowledges that any action taken, application submitted, or outcome received after the expiry of their service term — regardless of whether such action relates to strategies, guidance, or recommendations received during the active service term — does not give rise to any claim, guarantee eligibility, or refund right under this Agreement.
7.5.3 This Section 7.5 applies notwithstanding any other provision of this Agreement, and supersedes any conflicting claim window stated elsewhere in Section 7 to the extent such window would otherwise extend beyond the Customer's active service term.
SECTION 8 – DISPUTE RESOLUTION
8.1 Internal Resolution First
Before initiating any legal proceeding, arbitration, or chargeback or dispute with a payment provider, the Customer must:
a) Notify the Service Provider in writing at the contact email in Section 21, clearly describing the issue; and
b) Allow the Service Provider at least ten (10) business days to investigate and attempt to resolve the matter in good faith.
8.2 Governing Jurisdiction
Subject to Section 8.1, any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
8.3 Alternative Dispute Resolution
The parties may, by mutual written agreement only, submit disputes to:
a) Mediation; and or
b) Arbitration administered by the Hong Kong International Arbitration Centre.
SECTION 9 – CHARGEBACKS
9.1 Prohibition on Unjustified Chargebacks
The Customer agrees not to initiate any chargeback, reversal, or payment dispute except in cases of actual, documented unauthorized fraud.
9.2 Notice Requirement
If the Customer believes there is an error or issue with a charge, the Customer must:
a) Notify the Service Provider in writing within five (5) business days of the charge; and
b) Allow at least ten (10) business days for investigation and attempted resolution before contacting any bank, card issuer, or payment provider.
9.3 Breach and Remedies
Initiating a chargeback or dispute in violation of this Section constitutes a material breach of this Agreement. In such case, the Service Provider may, without limitation:
a) Immediately suspend or terminate all Services and access;
b) Invoice the Customer for any amounts wrongfully reversed, plus associated fees, penalties, and reasonable recovery costs, including legal fees;
c) Report fraudulent activity to relevant authorities and or credit bureaus where permitted by law.
9.4 Customer Responsibility for Costs
The Customer is responsible for all costs incurred by the Service Provider in responding to or reversing any improper chargeback, including bank fees, payment processor fees, and reasonable legal fees.
SECTION 10 – TAXES
10.1 The Customer is solely responsible for all applicable taxes, duties, and charges imposed by local government authorities on amounts payable under this Agreement.
SECTION 11 – INTELLECTUAL PROPERTY
11.1 All intellectual property provided by the Service Provider, including but not limited to copyrights, trademarks, trade secrets, and program materials, remains the property of the Service Provider.
11.2 The Customer is granted a non exclusive, worldwide, non transferable, royalty free license to use the materials solely for personal purposes related to the services. Resale, redistribution, or sharing with third parties is strictly prohibited.
SECTION 12 – CONFIDENTIAL INFORMATION
12.1 Definition of Confidential Information
Confidential Information includes, but is not limited to:
a) Course materials such as videos, guides, templates, presentations, worksheets, proprietary tools, and resources;
b) Business strategies, methods, techniques, systems, pricing models, marketing strategies, financial information, and other proprietary business information;
c) Communications between the Service Provider and the Customer, including emails, messages, calls, webinars, coaching sessions, and group discussions;
d) Any other information marked as confidential or that a reasonable person would understand to be confidential.
Confidential Information does not include information that:
Is publicly available through no fault of the Customer;
Was lawfully known to the Customer before disclosure;
Is disclosed with the Service Provider’s written consent;
Is required to be disclosed by law, subject to Section 12.5; or
Is used or disclosed by the Service Provider in accordance with Section 24 regarding recordings and marketing use.
12.2 Obligation of Confidentiality
The Customer agrees that Confidential Information:
a) May only be used for the purpose of utilizing the services;
b) May not be shared with third parties without the Service Provider’s prior written consent;
c) Must be protected with at least a reasonable standard of care;
d) Shall remain confidential even after termination of this Agreement, unless otherwise waived in writing by the Service Provider.
12.3 Protection of Communications
All communications, including emails, WhatsApp messages, calls, and other forms of interaction with the Service Provider, are Confidential Information. The Customer shall not:
a) Disclose, forward, reproduce, or share communications with third parties without prior written consent;
b) Use the content of communications for purposes unrelated to the services.
12.4 Ownership of Confidential Information
All materials, resources, and communications remain the sole property of the Service Provider. The Customer is granted a limited, non transferable, non exclusive license to use such materials solely for personal use in connection with the services.
12.5 Disclosures Required by Law
If the Customer is required to disclose Confidential Information due to a court order or legal obligation, the Customer shall:
a) Notify the Service Provider in writing as soon as possible;
b) Allow the Service Provider an opportunity to challenge or limit the disclosure, where legally permissible;
c) Disclose only the minimum amount of Confidential Information necessary to comply.
12.6 Remedies for Breach
In the event of a breach of this Section 12, the Service Provider may pursue all legal remedies under Hong Kong law, including:
a) Injunctive relief to prevent further disclosure or unauthorized use;
b) Monetary damages for financial or reputational harm;
c) Recovery of all costs and expenses, including reasonable legal fees, incurred in enforcing this Section.
12.7 Term and Survival
The obligations under this Section 12 remain in effect for the duration of the Agreement and survive indefinitely after termination, unless otherwise waived in writing by the Service Provider.
SECTION 13 – DISCLAIMER OF WARRANTIES
13.1 The Service Provider makes no warranties, express or implied, regarding the services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non infringement.
SECTION 14 – LIMITATION OF LIABILITY
14.1 The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of the services.
14.2 The maximum aggregate liability of the Service Provider for any claim arising out of or in connection with this Agreement shall not exceed the total amount actually paid by the Customer under this Agreement.
SECTION 15 – TERMINATION
15.1 Termination by Service Provider
The Service Provider may suspend or terminate this Agreement and all Services immediately if:
a) The Customer fails to make any payment when due;
b) The Customer breaches any material term of this Agreement, including Sections 7, 9, 11, 12, 16, 18, and 24;
c) The Customer engages in conduct the Service Provider reasonably determines to be abusive, fraudulent, or harmful to staff or other participants.
15.2 Termination by Customer
a) The Customer may request termination at any time by written notice.
b) Termination by the Customer does not entitle the Customer to any refund of fees already paid.
c) Unless the Service Provider agrees otherwise in writing, enrollment is a commitment to the full program fee. Any payment plan is a convenience only, not a month to month subscription the Customer may cancel without further obligation.
15.3 Effect on Access
Upon termination for any reason, the Customer’s access to all services and materials will be immediately and permanently terminated, including without limitation:
a) Access to online learning portals, platforms, and digital resources;
b) Weekly coaching sessions and group coaching access;
c) WhatsApp group participation and individual WhatsApp support;
d) Email support and consultation services;
e) Personal one to one coaching sessions, if included;
f) Access to proprietary tools, software, or third party platforms provided through the Service Provider;
g) Participation in webinars, masterclasses, or other live training events;
h) Access to private forums, communities, or member only areas;
i) Any other services or benefits outlined in the Customer’s service agreement.
15.4 Data and Account Removal
The Service Provider may, at its discretion, remove the Customer’s account, delete associated data, and revoke all access permissions within thirty (30) days of termination. Any materials or communications stored on the Service Provider’s systems may be permanently deleted.
15.5 No Refund Upon Termination
Consistent with Section 7, termination of services for any reason does not entitle the Customer to any refund of fees paid, regardless of the reason for termination or remaining service period.
15.6 Survival
Obligations which by their nature should survive termination shall survive, including but not limited to payment obligations, confidentiality, intellectual property, non disparagement, dispute resolution and jurisdiction, use of recordings, and limitation of liability.
SECTION 16 – NON DISPARAGEMENT
16.1 The Customer agrees not to make false, misleading, or defamatory statements about the Service Provider, its employees, or its services, including but not limited to on social media platforms or public forums.
SECTION 17 – FORCE MAJEURE
17.1 The Service Provider shall not be held liable for delays or failure to perform services due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, strikes, or government regulations.
SECTION 18 – UNACCEPTABLE BEHAVIOR POLICY
18.1 Prohibited Behaviors
The following behaviors are strictly prohibited:
a) Offensive or disrespectful language toward staff, coaches, or participants;
b) Harassment, bullying, or intimidation in any form;
c) Excessive complaints or unreasonable demands disrupting the learning environment;
d) Threats, coercion, or public defamation against MES or its staff;
e) Unauthorized sharing or misuse of program resources or materials.
18.2 Consequences of Violations
a) Written warning for first offenses;
b) Temporary suspension for repeated violations;
c) Termination without refund for severe or repeated offenses.
SECTION 19 – GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region.
19.2 Any legal proceedings shall be conducted exclusively in Hong Kong courts, subject to Section 8.
SECTION 20 – ACKNOWLEDGMENT
20.1 By enrolling in the program, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions.
SECTION 21 – CONTACT INFORMATION
21.1 For any questions or concerns, please contact us at: [email protected]
21.2 The Service Provider will seek to respond to general inquiries within twenty four (24) hours of receipt during regular business days.
21.3 Communication Method
For support, general inquiries, and disputes, voice messages are not accepted. All such communications must be submitted in written form via email, text message, or other written electronic methods. This does not limit the confirmation methods for purchases described in Section 1.1.
SECTION 22 – SERVICE TERM PERIOD
22.1 Track 1 – 90 Day Intensive Program
For Customers who explicitly enroll in Track 1 under Section 7.2, the service term is ninety (90) consecutive days from the enrollment confirmation date. Services automatically end at the conclusion of this 90 day period unless extended in writing.
22.2 Track 2 – 12 Month Comprehensive Program (Default)
All other Customers are enrolled in Track 2 by default. The service term for Track 2 is twelve (12) consecutive months from the enrollment confirmation date.
22.3 Automatic Expiry
Services under each track automatically terminate at the end of the applicable term, 90 days or 12 months, without further notice, unless extended in writing by mutual agreement and subject to additional fees.
22.4 Clarification of Milestones vs Term
Any references in marketing or training materials to shorter learning phases or milestones, such as “6 weeks” or “90 days”, describe typical implementation timelines only and do not modify the total service term unless expressly stated as Track 1 in the Confirmation.
22.5 Early Completion
If the Customer completes all program content before the end of the applicable term, they remain entitled to access and coaching support for the remainder of that term, unless they expressly waive this in writing. Early completion does not create any refund right.
SECTION 23 – MODIFICATION OF TERMS
23.1 Right to Modify
The Service Provider may update, modify, or amend these Terms and Conditions from time to time to reflect changes in law, business practices, or services.
23.2 Core Commercial Terms
For existing Customers, the following Core Commercial Terms agreed at the time of enrollment will remain in effect for the duration of their current service term, unless changed by mutual written agreement:
a) Program track, Track 1 or Track 2;
b) Program fee and payment schedule;
c) Program duration, 90 days or 12 months.
For the avoidance of doubt, guarantees, refund eligibility, refund conditions, and refund claim processes under Section 7 are expressly excluded from this list and do not constitute Core Commercial Terms, irrespective of whether such provisions existed, in any form, at the time of the Customer's enrollment.
23.3 Operational Terms
Non-commercial terms — including support processes, platform features, internal policies, and any guarantee, refund eligibility, or refund claim provisions under Section 7 — are Operational Terms. Operational Terms may be updated, replaced, narrowed, or removed at the Service Provider's discretion and will apply to existing Customers upon posting or notification, regardless of whether such changes reduce, modify, or eliminate any guarantee or refund right that existed at the time of the Customer's enrollment. For the avoidance of doubt, no guarantee or refund provision under Section 7 constitutes a Core Commercial Term under Section 23.2, and the "material reduction" limitation in this Section 23.3 does not apply to modifications of Section 7.
23.4 Continued Use as Acceptance
Continued use of the Services after modifications take effect constitutes acceptance of the revised Terms and Conditions. If a Customer does not agree, their remedy is to discontinue use of the Services after the end of their current service term. This does not create any right to a refund of fees already paid.
23.5 Version Control
The Service Provider will maintain version control of these Terms and Conditions, including the effective date of the current version.
SECTION 24 – USE OF RECORDINGS AND COMMUNICATIONS FOR EDUCATIONAL AND MARKETING PURPOSES
24.1 Relationship to Confidentiality
Notwithstanding Section 12, the Customer grants the Service Provider the rights set out in this Section 24 with respect to recordings, communications, and materials.
24.2 Consent to Recording and Use
By entering into this Agreement and accessing any Service Provider platforms, the Customer consents to the recording and use of:
a) Audio and video from coaching sessions, consultations, and training calls;
b) Written communications including email, WhatsApp, text, and platform messages;
c) Testimonials, feedback, case studies, and success stories;
d) Screenshots, transcripts, and documented business results related to the Services.
24.3 Permitted Uses
The Service Provider may use such materials for:
a) Educational and internal training purposes;
b) Marketing and promotional materials across any media;
c) Website, social media, and advertising content;
d) Sales presentations and case studies;
e) Research and development of new or improved services.
24.4 License Granted
The Customer grants the Service Provider a perpetual, worldwide, royalty free license to use, reproduce, modify, distribute, display, and create derivative works from such materials, including the Customer’s name, likeness, and business information, in connection with the purposes above.
24.5 Opt Out Window
The Customer may opt out of public marketing use, but not internal educational use, by written notice to the Service Provider at [email protected] within seven (7) days of first logging into any learning portal. Opt out does not apply retroactively to materials already used in published content.
24.6 No Compensation
The Customer acknowledges that no additional compensation will be paid for such usage, and that this consent forms part of the consideration for participation in the program.
24.7 Platform Access as Confirmation of Consent
Accessing the Service Provider’s learning portal or related platforms after the 7 day opt out window confirms the Customer’s ongoing consent to this Section 24.
TERMS AND CONDITIONS
Million Ecommerce System (MES) / MES Consulting
Welcome to Million Ecommerce System (MES) and its affiliated companies. The following Terms and Conditions govern your purchase and use of services provided by MES Consulting and affiliated companies (Service Provider). By confirming your purchase, you agree to be bound by these Terms and Conditions (Agreement).
SECTION 1 – APPLICABILITY
1.1 Scope
These Terms govern all services provided by the Service Provider to you (Customer). By confirming your purchase via voice call, voice message, text message, email, electronic signature, checkout page, or any other means (Confirmation), you acknowledge and agree to these Terms.
1.2 Entire Agreement
This Agreement supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and communications, whether written or oral.
1.3 Precedence
In the event of a conflict between these Terms and the Confirmation, these Terms shall prevail unless explicitly stated otherwise in the Confirmation.
1.4 Acceptance Through Platform Access
In addition to the confirmation methods in Section 1.1, the Customer’s agreement to these Terms is also confirmed by:
a) Accessing or logging into the Service Provider’s learning portal or online platforms;
b) Downloading, viewing, or using any materials provided;
c) Participating in any online training, coaching sessions, or educational content.
1.5 Presumption of Agreement
All Customers are presumed to have read, understood, and agreed to these Terms and Conditions upon accessing any Service Provider platforms or materials. Continued use constitutes ongoing acceptance of these Terms, including any modifications made in accordance with Section 23.
SECTION 2 – CUSTOMER’S OBLIGATIONS
2.1 The Customer shall:
a) Respond promptly to all Service Provider requests for information, approvals, or decisions reasonably necessary for the performance of services;
b) Provide accurate and complete materials or information as required;
c) Obtain and maintain all necessary licenses, permissions, and consents to comply with applicable laws related to the services.
SECTION 3 – CUSTOMER REQUIREMENTS
3.1 The Customer agrees to:
a) Provide any requested information promptly to ensure effective service delivery;
b) Complete the training course in full and perform all assigned action items;
c) Maintain regular contact with the Service Provider. If the Customer fails to respond or engage within 30 days, the Service Provider may terminate this Agreement, and all unpaid fees will become immediately due.
SECTION 4 – SERVICES
4.1 Scope of Services
The Service Provider agrees to provide coaching, training, consulting, and related services as described in the Customer’s Confirmation and program materials (Services).
4.2 Nature of Services
Services may include, without limitation:
a) Addressing personal or business challenges;
b) Identifying actionable plans and strategies;
c) Providing recommendations for professional or personal growth.
The Customer understands Services are educational and advisory in nature, and all business decisions remain the Customer’s sole responsibility.
4.3 Program Tracks and Duration
a) Track 1 – 90 Day Intensive Program with Guarantee: If explicitly selected at enrollment, Services for Track 1 are provided for ninety (90) consecutive days from the enrollment confirmation date, subject to the conditions in Section 7.2.
b) Track 2 – 12 Month Comprehensive Program (Default): If the Customer does not explicitly select Track 1 in writing, the Customer is automatically enrolled in Track 2, which includes Services for twelve (12) consecutive months from the enrollment confirmation date, subject to Section 7.
c) Any reference to shorter timeframes in marketing (for example “6 weeks” or “90 days”) describes typical milestones, not total service obligation, unless expressly stated as Track 1 under Section 7.2.
4.4 No Guaranteed Results
The Customer acknowledges that the Service Provider does not and cannot guarantee any specific financial, business, or personal results, and that outcomes depend on factors outside the Service Provider’s control, including the Customer’s effort, implementation, and market conditions.
SECTION 5 – CUSTOMER’S ACTS OR OMISSIONS
5.1 The Service Provider shall not be liable for delays or failure to perform services caused by any act or omission of the Customer, including but not limited to:
a) Failure to provide required information or materials;
b) Disruption of scheduled coaching sessions or training.
SECTION 6 – FEES, EXPENSES, AND PAYMENT TERMS
6.1 Payment Terms
a) All payments must be made in the currency specified in the Confirmation.
b) Refunds and exchanges are not permissible except as expressly set out in Section 7.
c) The Customer is responsible for any applicable taxes, shipping charges, and handling fees.
6.2 Late Payments
a) Late payments will incur interest at the maximum rate permitted by law from the due date until payment is received in full.
b) If any installment is more than seven (7) calendar days past due, the Service Provider may apply a surcharge of five percent (5%) of the overdue amount.
c) The Service Provider may suspend services until all outstanding amounts, including surcharges and interest, are paid.
6.3 Payment Processing
The Customer authorizes the Service Provider to share payment information with third party payment processors, including Stripe and others, for the purpose of processing payments.
SECTION 7 – FEES, REFUNDS AND GUARANTEES
7.1 No Refund Policy (Default Rule)
7.1.1 All Sales Final
Except where a specific guarantee in this Section 7 expressly applies, all fees are final and non refundable. This includes, without limitation:
a) Upfront payments;
b) Deposits;
c) Installments under payment plans;
d) Renewals or extensions.
7.1.2 No Refund for Non Use or Dissatisfaction
The Customer’s failure to use, attend, or complete the program, or dissatisfaction with the pace or style of delivery, does not entitle the Customer to any refund, credit, or fee reduction.
7.1.3 Reason for No Refunds
The Customer understands that the Service Provider allocates limited capacity, proprietary intellectual property, and coaching resources from Day 1. Once access is granted, the seat cannot be resold, which is why all sales are final.
7.2 90 Day Intensive Results Guarantee (Track 1 Only)
7.2.1 Who This Applies To
This guarantee applies only if:
a) The Customer enrolls in “Track 1 – 90 Day Intensive Program with Guarantee” during a period when this guarantee is advertised; and
b) The order form or Confirmation explicitly states that the Customer is on Track 1 and includes this guarantee.
All other customers are on Track 2 – 12 Month Comprehensive Program and are not eligible for this 90 day refund guarantee.
7.2.2 Guarantee Summary
If, within 90 days of enrollment, you:
a) Fully comply with all participation and implementation requirements in Section 7.2.3; and
b) Achieve no Qualifying Results as defined in Section 7.2.4;
then you may request a refund of your base program fee (excluding taxes, payment processing fees, and a 5% administrative fee), subject to the claim process and our review in Sections 7.2.6 to 7.2.7.
This is a conditional, effort based guarantee, not a promise of business success.
7.2.3 Participation and Implementation Requirements
To remain eligible, during the 90 day period the Customer must:
a) Attendance
Attend at least 90% of scheduled group coaching sessions live;
Be present for at least 75% of each attended session;
Participate with camera on and respond when called upon.
Missing more than one (1) session or being more than fifteen (15) minutes late three (3) or more times voids the guarantee.
b) Assignments
Submit all mandatory weekly assignments by the stated deadlines;
One late submission (up to 48 hours) is allowed; any additional late or missing assignments voids the guarantee.
c) Implementation
Implement all core strategies we label as “Required for Guarantee” on the implementation checklist given in Week 1;
Follow our instructions in good faith and correct implementation where we flag issues in writing.
d) Weekly Reporting and Effort
Submit a weekly progress report (actions, metrics, hours worked) every week;
One missed report is allowed; more than one missed report voids the guarantee;
Average at least fifteen (15) hours per week working on your ecommerce business (strategy, implementation, marketing, sales, fulfillment), documented in your reports. More than three (3) weeks below 15 hours voids the guarantee.
e) Communication
Respond to our written messages within three (3) business days;
Respond to messages clearly marked “URGENT” within twenty four (24) hours on business days;
Three (3) or more missed or significantly delayed responses void the guarantee.
7.2.4 What Counts as Qualifying Results
You are considered to have achieved results, and therefore are not eligible for a refund, if any of the following occur within 90 days:
a) You collect payment from at least one (1) paying client who is an arm’s length third party (not family, household, or another participant), paying at least USD 50 (or equivalent) for your product or service; or
b) You collect total new business revenue of at least USD 200 (or equivalent); or
c) You launch a functioning online offer that:
Has a custom domain, live checkout, and a non test payment gateway; and
Receives at least one (1) real (non test, non friend) order.
If you achieve any Qualifying Result, the guarantee is considered satisfied, and no refund is due.
7.2.5 When the Track 1 Guarantee Is Void
The Track 1 guarantee is automatically void if:
a) Any requirement in Section 7.2.3 is not met;
b) You provide false, incomplete, or misleading information or documentation;
c) You ignore or refuse material coaching recommendations we mark as Required;
d) You are in default on any payment;
e) You breach any other material term of this Agreement.
7.2.6 How to Claim (Track 1)
a) You must email a complete claim between Day 91 and Day 120 from your enrollment date. Earlier or later claims are automatically rejected.
b) Your claim must include, at minimum:
Attendance log;
Copies of all assignments and weekly reports;
Evidence of implementation of Required for Guarantee strategies;
Documentation of all outreach and offers made and results;
Bank or payment processor statements showing relevant revenue;
A signed declaration that all information is true and complete and that you complied in good faith.
c) Incomplete submissions or failure to provide requested clarifications or additional documentation will result in denial.
7.2.7 Evaluation and Refund Payment (Track 1)
a) We review complete claims within sixty (60) business days and determine, in our sole discretion, whether all conditions were met and whether any exclusions apply.
b) Our written decision is final and binding. There is no appeal.
c) If approved, your refund equals:
Base program fee;
Less a 5% administrative fee;
Less payment processing fees;
Less non refundable taxes.
d) Before payment, you must sign a release of claims and a confidentiality and non disparagement agreement.
e) Refunds are paid within thirty (30) business days after all documents are signed.
7.3 12 Month Revenue Back Guarantee (Track 2 – Enrollments On Or After 1 January 2026)
7.3.1 Who This Applies To
This guarantee applies only to Customers who:
a) Enroll in Track 2 – 12 Month Comprehensive Program with an enrollment date on or after 1 January 2026; and
b) Have an order form or Confirmation that explicitly states a 12 Month Revenue Back Guarantee applies.
Customers who enrolled before 1 January 2026, or whose order form does not mention this guarantee, are not eligible and remain subject only to the no refund policy in Section 7.1.
7.3.2 Guarantee Summary
If, after twelve (12) consecutive months from your Track 2 enrollment date, you:
a) Have complied with all participation and implementation requirements in Section 7.3.3; and
b) Have not made back your program fees from your ecommerce business as defined in Section 7.3.4;
then, upon approval of your claim, we will refund to you 100% of your Track 2 base program fee actually paid under this Agreement, excluding taxes and third party payment processing fees.
7.3.3 Participation and Implementation Requirements (You Must Do All)
To remain eligible, throughout the 12 month Track 2 term you must:
a) Attendance – Group Coaching
Attend live at least eighty five percent (85%) of scheduled weekly group coaching sessions; and
b) Attendance – One to One or VIP Sessions (If Included)
If your program includes one to one or VIP coaching sessions, schedule and attend at least eighty five percent (85%) of all sessions made available to you. Sessions you cancel or reschedule with less than 24 hours’ notice, or do not attend, count as missed.
c) Core Curriculum and Assignments
Complete all program modules and assignments we mark as Required for Track 2 Guarantee;
Submit all required assignments, worksheets, and implementation checklists by the stated deadlines. One late submission up to 72 hours is allowed; additional late or missing items void this guarantee.
d) Implementation of Strategies
Implement all core strategies we designate for your ecommerce business in good faith;
Make reasonable changes we request where we identify mis implementation or missing components.
e) Monthly Reporting and Effort
Submit a monthly progress report for each of the twelve (12) months, including at minimum: key actions taken, store or offer metrics, traffic sources, and revenue;
Average at least ten (10) hours per week working on your ecommerce business (strategy, implementation, marketing, sales, fulfillment), documented in your reports.
f) Communication
Respond to our written messages within three (3) business days;
Respond to messages clearly marked URGENT within twenty four (24) hours on business days;
Three (3) or more missed or significantly delayed responses void this guarantee.
g) Truthful Disclosure at Enrollment
Disclose all existing ecommerce stores and ecommerce revenue in the ninety (90) days prior to enrollment;
This guarantee does not apply if your disclosed ecommerce revenue in that period is greater than the total Track 2 base program fee.
7.3.4 Definition of Make Back Your Program Fees
For purposes of this guarantee, you are considered to have made back your program fees if, at any time from your Track 2 enrollment date until the end of the 12 month term, your Net Ecommerce Revenue is greater than or equal to the Track 2 base program fee actually paid under this Agreement.
a) Net Ecommerce Revenue means:
Total gross revenue collected, not just invoiced, from sales of products and or services in your ecommerce business,
Minus refunds, chargebacks, and payment processor reversals,
From arm’s length customers only. No family, household members, or other participants, and no self dealing or circular transactions.
b) Included Revenue
Only revenue from ecommerce offers and stores launched or materially improved using this program during the 12 month term counts. We may, at our discretion, exclude revenue clearly attributable to pre existing offers that were already generating equal or higher revenue prior to enrollment.
7.3.5 When the Track 2 Guarantee Is Void
This Track 2 guarantee is automatically void if:
a) Any requirement in Section 7.3.3 is not met;
b) You provide false, incomplete, or misleading information or documentation at any time;
c) You are in default on any payment at any point during the 12 month term;
d) You initiate or threaten a chargeback in violation of Section 9;
e) You breach any other material term of this Agreement.
7.3.6 How to Claim Your Refund (Track 2)
a) You must email a written claim within thirty (30) days after the end of your initial 12 month Track 2 term. Claims submitted before the term ends, or more than thirty (30) days after, are automatically rejected.
b) Your claim must include, at minimum:
Confirmation that you have not made back your program fees as defined above;
Evidence of attendance and replay consumption (we may cross check our logs);
All monthly progress reports;
Revenue reports, including ecommerce platform exports and payment processor statements covering the entire 12 month period;
A signed declaration that all information is true and complete and that you complied with this Agreement in good faith.
c) Incomplete submissions or failure to provide requested clarifications or additional documentation will result in denial.
7.3.7 Evaluation and Refund Payment (Track 2)
a) We review complete claims within sixty (60) business days and determine, in our sole discretion, whether all conditions were met and whether any exclusions apply.
b) Our written decision is final and binding. There is no appeal.
c) If approved, your refund equals one hundred percent (100%) of the Track 2 base program fee actually paid under this Agreement, excluding:
Taxes already remitted; and
Third party payment processing fees.
d) Before payment, you must sign a release of claims and a confidentiality and non disparagement agreement.
e) Refunds are paid within thirty (30) business days after all documents are signed.
7.4 EMF Application Assistance (No Guarantee)
7.4.1 Service Nature
If the Service Provider offers assistance with Hong Kong Export Marketing Fund (EMF) or similar programs, such services are advisory and administrative only. The Service Provider has no control over any government decision.
7.4.2 No Guarantee of Approval or Funding
The Customer understands and agrees that:
a) The Service Provider does not guarantee EMF approval, funding amount, or timing;
b) Government decisions are solely at the discretion of the relevant authorities;
c) Fees for EMF related services are subject to the standard policy in Section 7.1 and are not contingent on any particular outcome.
7.4.3 Customer Responsibility
The Customer remains fully responsible for:
a) Providing accurate and complete information and documents;
b) Maintaining eligibility under applicable government rules;
c) All business decisions related to any marketing or export activities.
7.5 Guarantee and Claim Validity Period
7.5.1 Any guarantee, refund eligibility, or refund right referenced anywhere in this Section 7 — including but not limited to Sections 7.2 and 7.3 — is valid and enforceable only if the underlying triggering event (including but not limited to submission of an application, receipt of a rejection, achievement or non-achievement of results, or completion of program requirements) occurs, and the corresponding claim is submitted, within the Customer's active service term as defined in Section 22, or within any claim window expressly specified in the applicable guarantee provision, whichever is earlier.
7.5.2 For the avoidance of doubt, no guarantee or refund right survives the automatic termination of the Agreement under Section 15.2, and the Customer acknowledges that any action taken, application submitted, or outcome received after the expiry of their service term — regardless of whether such action relates to strategies, guidance, or recommendations received during the active service term — does not give rise to any claim, guarantee eligibility, or refund right under this Agreement.
7.5.3 This Section 7.5 applies notwithstanding any other provision of this Agreement, and supersedes any conflicting claim window stated elsewhere in Section 7 to the extent such window would otherwise extend beyond the Customer's active service term.
SECTION 8 – DISPUTE RESOLUTION
8.1 Internal Resolution First
Before initiating any legal proceeding, arbitration, or chargeback or dispute with a payment provider, the Customer must:
a) Notify the Service Provider in writing at the contact email in Section 21, clearly describing the issue; and
b) Allow the Service Provider at least ten (10) business days to investigate and attempt to resolve the matter in good faith.
8.2 Governing Jurisdiction
Subject to Section 8.1, any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
8.3 Alternative Dispute Resolution
The parties may, by mutual written agreement only, submit disputes to:
a) Mediation; and or
b) Arbitration administered by the Hong Kong International Arbitration Centre.
SECTION 9 – CHARGEBACKS
9.1 Prohibition on Unjustified Chargebacks
The Customer agrees not to initiate any chargeback, reversal, or payment dispute except in cases of actual, documented unauthorized fraud.
9.2 Notice Requirement
If the Customer believes there is an error or issue with a charge, the Customer must:
a) Notify the Service Provider in writing within five (5) business days of the charge; and
b) Allow at least ten (10) business days for investigation and attempted resolution before contacting any bank, card issuer, or payment provider.
9.3 Breach and Remedies
Initiating a chargeback or dispute in violation of this Section constitutes a material breach of this Agreement. In such case, the Service Provider may, without limitation:
a) Immediately suspend or terminate all Services and access;
b) Invoice the Customer for any amounts wrongfully reversed, plus associated fees, penalties, and reasonable recovery costs, including legal fees;
c) Report fraudulent activity to relevant authorities and or credit bureaus where permitted by law.
9.4 Customer Responsibility for Costs
The Customer is responsible for all costs incurred by the Service Provider in responding to or reversing any improper chargeback, including bank fees, payment processor fees, and reasonable legal fees.
SECTION 10 – TAXES
10.1 The Customer is solely responsible for all applicable taxes, duties, and charges imposed by local government authorities on amounts payable under this Agreement.
SECTION 11 – INTELLECTUAL PROPERTY
11.1 All intellectual property provided by the Service Provider, including but not limited to copyrights, trademarks, trade secrets, and program materials, remains the property of the Service Provider.
11.2 The Customer is granted a non exclusive, worldwide, non transferable, royalty free license to use the materials solely for personal purposes related to the services. Resale, redistribution, or sharing with third parties is strictly prohibited.
SECTION 12 – CONFIDENTIAL INFORMATION
12.1 Definition of Confidential Information
Confidential Information includes, but is not limited to:
a) Course materials such as videos, guides, templates, presentations, worksheets, proprietary tools, and resources;
b) Business strategies, methods, techniques, systems, pricing models, marketing strategies, financial information, and other proprietary business information;
c) Communications between the Service Provider and the Customer, including emails, messages, calls, webinars, coaching sessions, and group discussions;
d) Any other information marked as confidential or that a reasonable person would understand to be confidential.
Confidential Information does not include information that:
Is publicly available through no fault of the Customer;
Was lawfully known to the Customer before disclosure;
Is disclosed with the Service Provider’s written consent;
Is required to be disclosed by law, subject to Section 12.5; or
Is used or disclosed by the Service Provider in accordance with Section 24 regarding recordings and marketing use.
12.2 Obligation of Confidentiality
The Customer agrees that Confidential Information:
a) May only be used for the purpose of utilizing the services;
b) May not be shared with third parties without the Service Provider’s prior written consent;
c) Must be protected with at least a reasonable standard of care;
d) Shall remain confidential even after termination of this Agreement, unless otherwise waived in writing by the Service Provider.
12.3 Protection of Communications
All communications, including emails, WhatsApp messages, calls, and other forms of interaction with the Service Provider, are Confidential Information. The Customer shall not:
a) Disclose, forward, reproduce, or share communications with third parties without prior written consent;
b) Use the content of communications for purposes unrelated to the services.
12.4 Ownership of Confidential Information
All materials, resources, and communications remain the sole property of the Service Provider. The Customer is granted a limited, non transferable, non exclusive license to use such materials solely for personal use in connection with the services.
12.5 Disclosures Required by Law
If the Customer is required to disclose Confidential Information due to a court order or legal obligation, the Customer shall:
a) Notify the Service Provider in writing as soon as possible;
b) Allow the Service Provider an opportunity to challenge or limit the disclosure, where legally permissible;
c) Disclose only the minimum amount of Confidential Information necessary to comply.
12.6 Remedies for Breach
In the event of a breach of this Section 12, the Service Provider may pursue all legal remedies under Hong Kong law, including:
a) Injunctive relief to prevent further disclosure or unauthorized use;
b) Monetary damages for financial or reputational harm;
c) Recovery of all costs and expenses, including reasonable legal fees, incurred in enforcing this Section.
12.7 Term and Survival
The obligations under this Section 12 remain in effect for the duration of the Agreement and survive indefinitely after termination, unless otherwise waived in writing by the Service Provider.
SECTION 13 – DISCLAIMER OF WARRANTIES
13.1 The Service Provider makes no warranties, express or implied, regarding the services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non infringement.
SECTION 14 – LIMITATION OF LIABILITY
14.1 The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of the services.
14.2 The maximum aggregate liability of the Service Provider for any claim arising out of or in connection with this Agreement shall not exceed the total amount actually paid by the Customer under this Agreement.
SECTION 15 – TERMINATION
15.1 Termination by Service Provider
The Service Provider may suspend or terminate this Agreement and all Services immediately if:
a) The Customer fails to make any payment when due;
b) The Customer breaches any material term of this Agreement, including Sections 7, 9, 11, 12, 16, 18, and 24;
c) The Customer engages in conduct the Service Provider reasonably determines to be abusive, fraudulent, or harmful to staff or other participants.
15.2 Termination by Customer
a) The Customer may request termination at any time by written notice.
b) Termination by the Customer does not entitle the Customer to any refund of fees already paid.
c) Unless the Service Provider agrees otherwise in writing, enrollment is a commitment to the full program fee. Any payment plan is a convenience only, not a month to month subscription the Customer may cancel without further obligation.
15.3 Effect on Access
Upon termination for any reason, the Customer’s access to all services and materials will be immediately and permanently terminated, including without limitation:
a) Access to online learning portals, platforms, and digital resources;
b) Weekly coaching sessions and group coaching access;
c) WhatsApp group participation and individual WhatsApp support;
d) Email support and consultation services;
e) Personal one to one coaching sessions, if included;
f) Access to proprietary tools, software, or third party platforms provided through the Service Provider;
g) Participation in webinars, masterclasses, or other live training events;
h) Access to private forums, communities, or member only areas;
i) Any other services or benefits outlined in the Customer’s service agreement.
15.4 Data and Account Removal
The Service Provider may, at its discretion, remove the Customer’s account, delete associated data, and revoke all access permissions within thirty (30) days of termination. Any materials or communications stored on the Service Provider’s systems may be permanently deleted.
15.5 No Refund Upon Termination
Consistent with Section 7, termination of services for any reason does not entitle the Customer to any refund of fees paid, regardless of the reason for termination or remaining service period.
15.6 Survival
Obligations which by their nature should survive termination shall survive, including but not limited to payment obligations, confidentiality, intellectual property, non disparagement, dispute resolution and jurisdiction, use of recordings, and limitation of liability.
SECTION 16 – NON DISPARAGEMENT
16.1 The Customer agrees not to make false, misleading, or defamatory statements about the Service Provider, its employees, or its services, including but not limited to on social media platforms or public forums.
SECTION 17 – FORCE MAJEURE
17.1 The Service Provider shall not be held liable for delays or failure to perform services due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, strikes, or government regulations.
SECTION 18 – UNACCEPTABLE BEHAVIOR POLICY
18.1 Prohibited Behaviors
The following behaviors are strictly prohibited:
a) Offensive or disrespectful language toward staff, coaches, or participants;
b) Harassment, bullying, or intimidation in any form;
c) Excessive complaints or unreasonable demands disrupting the learning environment;
d) Threats, coercion, or public defamation against MES or its staff;
e) Unauthorized sharing or misuse of program resources or materials.
18.2 Consequences of Violations
a) Written warning for first offenses;
b) Temporary suspension for repeated violations;
c) Termination without refund for severe or repeated offenses.
SECTION 19 – GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region.
19.2 Any legal proceedings shall be conducted exclusively in Hong Kong courts, subject to Section 8.
SECTION 20 – ACKNOWLEDGMENT
20.1 By enrolling in the program, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions.
SECTION 21 – CONTACT INFORMATION
21.1 For any questions or concerns, please contact us at: [email protected]
21.2 The Service Provider will seek to respond to general inquiries within twenty four (24) hours of receipt during regular business days.
21.3 Communication Method
For support, general inquiries, and disputes, voice messages are not accepted. All such communications must be submitted in written form via email, text message, or other written electronic methods. This does not limit the confirmation methods for purchases described in Section 1.1.
SECTION 22 – SERVICE TERM PERIOD
22.1 Track 1 – 90 Day Intensive Program
For Customers who explicitly enroll in Track 1 under Section 7.2, the service term is ninety (90) consecutive days from the enrollment confirmation date. Services automatically end at the conclusion of this 90 day period unless extended in writing.
22.2 Track 2 – 12 Month Comprehensive Program (Default)
All other Customers are enrolled in Track 2 by default. The service term for Track 2 is twelve (12) consecutive months from the enrollment confirmation date.
22.3 Automatic Expiry
Services under each track automatically terminate at the end of the applicable term, 90 days or 12 months, without further notice, unless extended in writing by mutual agreement and subject to additional fees.
22.4 Clarification of Milestones vs Term
Any references in marketing or training materials to shorter learning phases or milestones, such as “6 weeks” or “90 days”, describe typical implementation timelines only and do not modify the total service term unless expressly stated as Track 1 in the Confirmation.
22.5 Early Completion
If the Customer completes all program content before the end of the applicable term, they remain entitled to access and coaching support for the remainder of that term, unless they expressly waive this in writing. Early completion does not create any refund right.
SECTION 23 – MODIFICATION OF TERMS
23.1 Right to Modify
The Service Provider may update, modify, or amend these Terms and Conditions from time to time to reflect changes in law, business practices, or services.
23.2 Core Commercial Terms
For existing Customers, the following Core Commercial Terms agreed at the time of enrollment will remain in effect for the duration of their current service term, unless changed by mutual written agreement:
a) Program track, Track 1 or Track 2;
b) Program fee and payment schedule;
c) Program duration, 90 days or 12 months.
For the avoidance of doubt, guarantees, refund eligibility, refund conditions, and refund claim processes under Section 7 are expressly excluded from this list and do not constitute Core Commercial Terms, irrespective of whether such provisions existed, in any form, at the time of the Customer's enrollment.
23.3 Operational Terms
Non-commercial terms — including support processes, platform features, internal policies, and any guarantee, refund eligibility, or refund claim provisions under Section 7 — are Operational Terms. Operational Terms may be updated, replaced, narrowed, or removed at the Service Provider's discretion and will apply to existing Customers upon posting or notification, regardless of whether such changes reduce, modify, or eliminate any guarantee or refund right that existed at the time of the Customer's enrollment. For the avoidance of doubt, no guarantee or refund provision under Section 7 constitutes a Core Commercial Term under Section 23.2, and the "material reduction" limitation in this Section 23.3 does not apply to modifications of Section 7.
23.4 Continued Use as Acceptance
Continued use of the Services after modifications take effect constitutes acceptance of the revised Terms and Conditions. If a Customer does not agree, their remedy is to discontinue use of the Services after the end of their current service term. This does not create any right to a refund of fees already paid.
23.5 Version Control
The Service Provider will maintain version control of these Terms and Conditions, including the effective date of the current version.
SECTION 24 – USE OF RECORDINGS AND COMMUNICATIONS FOR EDUCATIONAL AND MARKETING PURPOSES
24.1 Relationship to Confidentiality
Notwithstanding Section 12, the Customer grants the Service Provider the rights set out in this Section 24 with respect to recordings, communications, and materials.
24.2 Consent to Recording and Use
By entering into this Agreement and accessing any Service Provider platforms, the Customer consents to the recording and use of:
a) Audio and video from coaching sessions, consultations, and training calls;
b) Written communications including email, WhatsApp, text, and platform messages;
c) Testimonials, feedback, case studies, and success stories;
d) Screenshots, transcripts, and documented business results related to the Services.
24.3 Permitted Uses
The Service Provider may use such materials for:
a) Educational and internal training purposes;
b) Marketing and promotional materials across any media;
c) Website, social media, and advertising content;
d) Sales presentations and case studies;
e) Research and development of new or improved services.
24.4 License Granted
The Customer grants the Service Provider a perpetual, worldwide, royalty free license to use, reproduce, modify, distribute, display, and create derivative works from such materials, including the Customer’s name, likeness, and business information, in connection with the purposes above.
24.5 Opt Out Window
The Customer may opt out of public marketing use, but not internal educational use, by written notice to the Service Provider at [email protected] within seven (7) days of first logging into any learning portal. Opt out does not apply retroactively to materials already used in published content.
24.6 No Compensation
The Customer acknowledges that no additional compensation will be paid for such usage, and that this consent forms part of the consideration for participation in the program.
24.7 Platform Access as Confirmation of Consent
Accessing the Service Provider’s learning portal or related platforms after the 7 day opt out window confirms the Customer’s ongoing consent to this Section 24.
