Terms & Conditions - All Services

TERMS OF AGREEMENT

By paying the agreed, on fee it becomes your statement of agreement, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in a service, you ("Client") are entering into a legally binding agreement with Shirley Swinchatt ("Provider"), according to the following terms and conditions:

SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Provider agrees to render services related to life coaching, energy healing, courses or other services. The terms of this Agreement shall be binding for any further goods/services supplied by Provider to Client. The scope of services rendered by Provider pursuant to this contract shall be solely limited to those contained therein and agreed between the parties.

COMPENSATION. Client agrees to compensate Provider according to the payment agreed upon and in advance of the service being initiated.

PAYMENT PLANS: Client agrees to compensate Provider according to the payment plan agreed upon in advance, then timely subsequent payments of the course, Service or online service being initiated. Failure to adhere to payment plan, may result in loss of access to online course, Service or service and no refunds will be given for the portion paid. 

REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels the service for any reason whatsoever, Client will receive no refund. Any Facebook Group support is given to the lifetime of the course, no refunds will be given for expired group access.

NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including materials), use of the Service, or access to the Service or online service. This agreement is not transferrable or assignable without the Provider's prior written consent.

NO TRANSFER OF INTELLECTUAL PROPERTY COURSES OR SERVICES. Provider's copyrighted and original materials 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 Provider's intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Provider electronically or otherwise without the prior written consent of the Provider. All intellectual property, including Provider's copyrighted course materials, shall remain the sole property of the Provider. No license to sell or distribute Provider's materials is granted or implied.

TRANSFER OF INTELLECTUAL PROPERTY OF ONLINE SERVICES. Provider's copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client is authorized to use intellectual property made specifically for the Client's business purposes and may duplicate these as many times as they wish on all forms of social media. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Provider electronically into physical products without the prior written consent of the Provider. All intellectual property, shall remain the sole property of the Provider unless otherwise stated. No license to sell or distribute Provider's materials is granted or implied.

LIMITATION OF LIABILITY. By using Provider's services and enrolling in the Service or use of an Online service, Client releases Provider, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Regardless of the previous paragraph, if Provider is found to be liable, Provider's liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Provider in the one month prior to the action giving rise to the liability, and (b) £500. All claims against Provider must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Provider 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, consequential, or exemplary damages happening from the use or misuse of Provider's services or enrolment in the Service. Client agrees that use of Provider's services is at Client's own risk.

DISCLAIMER OF GUARANTEE FOR SERVICES. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Service. Client accepts and agrees that she/he is the one vital element to the Service's success and that Provider cannot control Client. Provider makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Provider and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Provider makes no guarantee or warranty that the Service will meet Client's requirements or that all clients will achieve the same results.

DISCLAIMER OF GUARANTEE FOR ONLINE SERVICE. Provider does not accept and agree to guarantee the success of an online service with the understanding that the Provider cannot control individuals and their habits online. Client accepts and agrees that individuals online or offline are not the responsibility of the Provider. Provider makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Provider and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Provider makes no guarantee or warranty that the service will meet Client's requirements or that all clients will achieve the same results as other clients. The Provider will endeavour to create the best results, to the best of their ability for the client, although results cannot be guaranteed.

SERVICE PARTICIPATION RULES. To the extent that Client interacts with Provider staff and/or other Provider clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Service Rules/Regulations presented by Provider. The failure to abide by 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.

USE OF SERVICE MATERIALS. Client consents to recordings being made of the Service. Provider reserves the right to use, at its sole discretion, materials, videos and audio recordings of services without compensation to the Client.

NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during the services and seek medical treatment (including, but not limited to psychotherapy), if needed. Provider does not provide medical, therapy, or psychotherapy services. Provider is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

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. Provider agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client or otherwise, without the written consent of Client. Provider shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

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 the Provider, the Provider'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 services excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Provider, or any of its affiliates or successors. Client shall defend Provider in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Provider recognizes and agrees that all of the Provider's affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Provider.

CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Provider, Provider'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 England without giving effect to any principles or conflicts of law.

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.

SURVIVABILITY. The ownership, non-circumvention, non-disparagement, 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 of paying the agreed fee, or emailing a statement of agreement, or signing below this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this agreement with the same effect as an originally signed copy.

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