TERMS & CONDITIONS OF SERVICE

 

Thank you for purchasing 14 Days to Confidence & Connection (“Program”). All sales are final for this Program. By completing the Program check-out, you ("Customer") agree to the following terms and understands that you will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Through rendering initial payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

 

1.    INTRODUCTION

 

Evelyn Kelly Limited NZBN: 9429046982926 (“Company”) is a company that provides support to women to create unstoppable self-belief, inner confidence and to own their self-worth so that they can live the life they truly love and deserve. Company has created the 14 Days to Confidence & Connection ("Program") to educate Customer on how to create a loving inner connection with your true self and how to begin the inner work to create more confidence in yourself. The Program is a fourteen (14) day program including a 1:1 coaching call, confidence and connection workbook, journal prompts, guided meditations, daily confidence and connection challenges and a private Facebook group.

 

2.    TERM

 

This Term of this Agreement shall be fourteen (14) days, from Monday 10th August 2020 (“Start Date”) to Sunday 23rd August 2020 (“End Date”).

 

3.    DISCLAIMERS

 

For the purposes of this Agreement, the Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, hypnotherapist, licensed mental healthcare provider, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer. Customer understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of the inner work required to create connection and confidence within. Through the Program, the Company might provide guidance regarding confidence and connection cultivation techniques, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for himself/herself/themselves.

 

This Program does not include: 1) individualised advice and feedback outside of the single 1:1 coaching call; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.  

 

Customer hereby acknowledges that Customer is solely responsible for the amount and/or type of results that Customer generates by implementing techniques and advice provided by Program. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Customer with complete connection and confidence; the advice and techniques shared within this Program are designed to assist Customer to work through limiting beliefs and overcome mindset obstacles and to build confidence and connection in an effort to reach Customer’s goals. Customer also agrees that he/she/they is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Program and indemnifies Company from any liability regarding said decision.  

4.   PROGRAM SPECIFICS

 

The Program include: one (1) one-hour (1-hour) personalised coaching call via Zoom; voxer or email support throughout the 14day programme (participants will be responded to within 24hours of message or email); a confidence & connection workbook; daily confidence & connection challenges; two (2) downloadable guided meditations; journal prompts for your daily journal practice. The Company also agrees to provide additional feedback in the form of a private Facebook Group created exclusively for the Program Customers.

 

5.    CUSTOMER’S RESPONSIBILITIES

 

The Program has been developed for educational purposes only. The Company has established its proprietary Program in order to educate and inspire Customer to pursue his/her/their personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Customer accepts and agrees that Customer is 100% responsible for his/her/their results from the Program. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her/their goals by simply completing the Program.

 

Nevertheless, Customer acknowledges that he/she/they can optimise her potential results from the Program by adhering to the following:

 

  • Completion of all Program material, including journal prompts, and workbook;

  • Thoughtful and meaningful participation in all daily confidence and connection challenges;

  • Utilisation of the Program’s private Facebook Group;

  • Attending your coaching call at the scheduled date, on time;

  • Taking 100% responsibility for Customer’s results, 100% of the time.

 

6.    PAYMENT & FEES

 

Customer has two payment options to purchase the Product, both of which are presented at checkout and outlined below: A) an early bird (valid until 29th July 2020 only) one-time fee, due in-full before Customer may access the Product; outlined below or B) a one-time fee, due in-full before Customer may access the Product; outlined below.

 

Customer hereby agrees to pay in accordance with one of the following plans:

 

A. EARLY BIRD ONE-TIME FEE (valid until midnight NZT, Wednesday 29th July 2020):

  • One (1) payment of two-hundred and ninety-nine New Zealand Dollars ($299.00 NZD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered; or

 

B. ONE-TIME FEE:

  • One (1) payment of three-hundred and forty-nine New Zealand Dollars ($349.00 NZD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered.

 

7.   REFUND POLICY

 

All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.

 

8.    NON-DISCLOSURE & CONFIDENTIALITY

 

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Program. As such, Customer agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to the Company.

 

“Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Customer;

  • Any information disclosed in association with this Agreement;

  • Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.

 

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.

 

9.    INTELLECTUAL PROPERTY & LIMITED LICENSE

 

Intellectual Property - This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and  within Company’s Programs and Products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

 

Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her/their purchase of this Program is for his/her/their individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

  • Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;

  • Copying any of Company’s Program content and/or material for Customer’s commercial use;

  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

 

10.  INDEMNIFICATION / LIMITATION OF LIABILITY

 

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Program including but not limited to: a decision to leave a job or relationship, a decision to invest in an opportunity, a decision to start a business or relationship, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Program. 

 

11.  MISCELLANEOUS

 

A.              Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.              Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.              Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D.              All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

E.              Governing Law - Company is located in New Zealand and is subject to the applicable laws governing News Zealand.

F.              Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

G.             Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “By purchasing you are accepting the Terms and Conditions of Service detailed here: [link]” at the Program checkout page and by rendering first payment.