TERMS & CONDITIONS
HEALTH COACH HELP BY KYLIE MALCOLM
By engaging Health Coach Help (“Company”), you (“Client”) are agreeing to be bound by the the following terms and conditions and any subsequent terms and conditions arising from engaging the Company for future products and services (“Product”) purchased.
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or business coaching (the “Service”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Service is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on the Company’s website as part of the Service. Company reserves the right to substitute services equal to or comparable to the Service for Client if the need arises.
COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement or subsequent agreement by the parties. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
REFUNDS. No refunds are offered.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges as required. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including course materials), use of the Service, or access to the Service. This agreement or any subsequent agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials, including the Health Coach Help website or related sites, shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for any purposes whatsoever. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Service, Client releases Company, it officers, employers, directors, and related entities from any and all claims and damages that may result from anything and everything. The Service is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, subsequent or consequential, or exemplary damages happening from the use or misuse of Company’s Products. Client agrees that use of Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Product. Client accepts and agrees that she/he is the one vital element to the Product’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Product will meet Client’s requirements or that all clients will achieve the same results.
INTERACTION. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Rules/Regulations presented by Company in relation to the supply of the Product. The failure to abide by any of these rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee which become due immediately.
USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the any use of the Product. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Product for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Parties agree not to disclose, reveal or make use of any Confidential Information learned of through its transactions with the other party, during discussion with other party, the coaching session with Company, or otherwise, without the written consent of the other party. Both parties shall keep the Confidential Information of the other party in strictest confidence and shall use its best efforts to safeguard each Party’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
SETTLEMENT NEGOTIATIONS. The Parties agree to use their best efforts to resolve and settle by direct, private negotiations any claim, controversy or dispute that arises under or in relation to this Agreement or that concerns a relationship created by this Agreement. Both parties may seek the advice and assistance of legal counsel in connection with any such negotiations.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales Australia without giving effect to any principles or conflicts of law. Subject to clause 14 above, the parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in Sydney in the state of New South Wales Australia, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties. All Subsequent Agreements between the parties will uphold the terms of this agreement.
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, intellectual proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
OTHER TERMS. Upon execution by placing an order, or emailing a statement of agreement, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.