Acceptance of these Terms
Before you enroll for an Online Coaching Course, or otherwise engage with an Online Coaching Course, please carefully read these Terms. If you don’t agree to these Terms, please don’t enroll in an Online Coaching Course. By clicking “accept” when you create an account, or otherwise proceed to engage with an Online Coaching Course, you agree to be bound by these Terms.
1. Enrolling for the Online Coaching Course
By paying the Fees or otherwise accessing an Online Coaching Course (Course Enrollment) you represent and warrant that:
you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
you are authorized to use the debit or credit card you provide for your Course Enrolment.
Enrolling in an Online Coaching Course constitutes your acceptance to enter into a contract with us under these Terms, where we will provide you with the Online Coaching Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
These Terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
2. ONLINE COACHING COURSE
2.1 ONLINE COACHING COURSE DELIVERY
Our Online Coaching Course is designed to teach you about and develop your skills relating to mindset, positive thinking, and mental wellness.
Our Online Coaching Course may be provided through a variety of mediums,. This includes video content, workbooks, group training sessions, resources and other learning materials.
Once we have received payment of the Fees, you will be granted access to the Online Coaching Course selected at checkout.
Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be changed by you.
2.2 LICENSE TO USE AN ONLINE COACHING COURSE
Your access to an Online Coaching Course will be valid for the lifetime of the course, as long as it remains open for enrollment. (Course Term).
You are granted a limited license to use the Online Coaching Course for your own personal, non-commercial purposes during the Course Term.
We may revoke your license granted in accordance with clause 2.2(b) if we suspect, for any reason, that you are misusing the license. For example, we may revoke your license if (without limitation) you:
distribute the Online Coaching Course to other people or sharing your login details with other people for the purpose of sharing the Online Coaching Course;
make commercial use of or infringing our intellectual property rights in the Online Coaching Courses; or
do not comply with these Terms.
In the event your license is revoked, these Terms will be terminated in accordance with clause 17 and you will not be entitled to a refund of the Fees. Further, your license shall be suspended during any period of non-payment.
3. PAYMENT
Generally, Client must pay for the Online Coaching Course in full at the time of Course Enrollment. Should we, in our sole discretion, allow Client to make payments over time such payment plan shall be governed by the following terms:
Client shall make an initial payment as specified in the applicable payment plan. Subsequently, the Client will make consecutive payments according to the chosen payment plan, with the first payment due on the date specified in the plan via the selected payment method.
Client understands and agrees that Client is financially responsible for all payments.
Late Payments: If Client has not made a full monthly payment within 3 days from the due date of the invoice, interest will be charged on the invoice balance. Interest will be calculated by multiplying the unpaid balance by the periodic rate of 0.8333% per month (10% per year). Your unpaid balance is determined by taking the beginning balance of your account, adding any new charges and subtracting any payments made, and multiplying the figure by 0.8333% to compute the late charge for your account that month. The unpaid balance will bear interest until paid. If Client has not paid an invoice for more than 90 days, we may refer to collection’s attorney/agency the unpaid amount. In such case, Client shall pay all reasonable attorney’s fees or collections agency fees.
Client may pay for services rendered by credit card, but all fees must be in US Dollars.
Refund Policy: Due to the extensive time and effort that goes into the program, there is no refund policy. We do not tolerate or accept any type of chargeback from your credit card company.
All of the personal information that Client provides as part of the payment process may be collected by us or our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle Client’s personal information. Privacy Policy linked here.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from these stated herein. We have no liability or responsibility for the independent policies of such third-party payment processing providers. Client is encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
Client understands and releases us from liability for any damage or loss caused by Client’s payment or by Client’s dealings with Coach’s third-party payment processing providers.
4. DISCLAIMER
While our Online Coaching Courses have been prepared with every effort to help you develop the relevant skills, any information provided as part of an Online Coaching Course is general in nature.
Our Online Coaching Courses do not take into account your personal circumstances. Many factors will be important in determining whether you achieve any actual results in relation to your development and there is no guarantee that you will be able to achieve any specific results within any timeframe, or at all.
Client understands and agrees that the Online Coaching Course is not to be used in lieu of advice from a licensed attorney, accountant, and/or financial advisor. The information provided is not business, financial, or legal advice. Client is advised to consult with an attorney, accountant, and/or financial advisor in Client’s area who understands Client’s particular personal, business, and/or financial situation so that Client can take the right steps for Client and Client’s business or situation.
Client understands and agrees that the Online Coaching Course is intended to provide information and education to assist Client in attaining Client’s goals. Client understands and agrees that Client’s success depends entirely on Client’s business experience, motivation, and individual capacity. There are no guarantees of any kind as to Client’s earnings and income.
Client understands and agrees that the Online Coaching Course is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee. The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for Client’s individual condition and circumstance. Client should consult with a licensed and/or registered health care professional about Client’s individual condition and circumstance. Client warrants that Client has submitted to a physical examination and has a physician’s approval to participate or is participating without the approval of a physician of Client’s own volition and at Client’s own risk. Client should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If Client is pregnant, nursing, obese, diabetic, or has any other medical or mental condition, Client should follow the supervision of a licensed and/or registered health care professional. By starting any exercise program, Client assumes all risks of injury, dangers, and/or hazards as a result of doing so. Client should use any equipment shown in any exercise program as demonstrated only. Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information provided on or in Coach’s website, programs, and/or services.
5. COLLECTION NOTICE AND PRIVACY
We may collect personal information about you in the course of providing you with our Online Coaching Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: https://www.betteryoubysabrinahome.com/policy-page
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
6. INTELLECTUAL PROPERTY
Intellectual Property Protection and Personal Use: Client understands and agrees that the coaching materials, including, but not limited to, documents, videos, photos, graphics, designs, and other files (“Online Coaching Materials”), are our proprietary property and are protected by United States intellectual property rights.
Client is granted a single non-transferable license to download, view, copy, and/or print the Online Coaching Materials solely for Client’s personal, non-commercial use.
Any other use of the Online Coaching Materials in, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
Client agrees not to not use the online Coaching Materials in any manner that constitutes an infringement of Coach’s Intellectual Property Rights.
“Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
7. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
You may publish general information about what you have learned from the Online Coaching Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in an Online Coaching Course.
We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
8. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
8.1 THIRD PARTY GOODS AND SERVICES
The Online Coaching Courses may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the Terms and Conditions of those third parties. Your use of any Online Coaching Course is subject to any applicable third-party Terms and Conditions, and you agree to familiarize yourself with all applicable third party Terms and Conditions.
To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of any Online Coaching Course or any issues experienced in Course Enrolment.
8.2 THIRD PARTY CONTENT
The Online Coaching Courses may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Coaching Courses (Third Party Content).
We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
8.3 LINKS TO OTHER WEBSITES
The Online Coaching Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on any Online Coaching Course does not imply our approval or endorsement of the linked website.
9. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Coaching Courses. You should take your own precautions to ensure that the process that you employ for accessing any Online Coaching Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
10. REPORTING MISUSE
If you become aware of misuse of any Online Coaching Course by any person, any errors in the material in any Online Coaching Course or any difficulty in accessing or using any Online Coaching Course, please contact us immediately using the contact details or form provided on our Website.
11. SERVICE LIMITATIONS
The Online Coaching Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
the Online Coaching Courses will be free from errors or defects;
the Online Coaching Courses will be accessible at all times;
information you receive or supply through the Online Coaching Courses will be secure or confidential; or
any information provided through the Online Coaching Courses is accurate or true.
12. NOTICES
A notice or other communication to a party under these Terms must be:
in writing and in English; and
delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next
occurring business day in that state or territory; or
when replied to by the other party, whichever is earlier.
13. LIABILITY
Indemnification: Client shall indemnify and hold us harmless from any and all loss or liability arising from performing services under this Agreement. Client agrees at all times to defend, hold harmless, and indemnify us from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from Client’s use of the coaching services and information provided on or in the Online Coaching Materials, programs, and/or services.
CLIENT AGREES THAT WE ARE NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE ONLINE COACHING COURSE OR ANY INFORMATION PROVIDED ON OR IN THE ONLINE COACHING MATERIALS, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $500 (USD).
We expressly exclude any liability to the fullest extent of the law.
Should we be required to defend ourself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
14. DISPUTE RESOLUTION
A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
15. TERMINATION
15.1 AUTOMATIC TERMINATION
Your license and access to an Online Coaching Course will terminate when the course is no longer open for enrollment, regardless of whether you have accessed the Online Coaching Course or not.
15.2 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these Terms for convenience at any time by providing 7 days’ written notice to you.
15.3 TERMINATION FOR CAUSE
Either party may immediately terminate these Terms by written notice to the other party if:
the other party is in default or breach of these Terms;
the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offense involving fraud or dishonesty or an offense which, in the opinion of the other party, affects the other party’s obligations under these Terms;
the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
15.4 EFFECT OF TERMINATION
Upon termination of these Terms:
your license will be revoked and you will no longer have access to the Online Coaching Course;
any Fees paid are non-refundable; and
you must immediately deliver to us all property belonging to us and materials comprising or containing any of our Online Coaching Materials which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
15.5 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.
16. GENERAL
16.1 GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and interpreted in accordance with the laws of the State of Virginia, without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Virginia, excluding that State’s conflict of laws principles.
The Parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Virginia, in any action arising out of or relating to this Agreement. By signing this Agreement, both Parties submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
16.2 WAIVER
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
16.3 SEVERANCE
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
16.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
16.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party. We can assign the rights or novate these Terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
16.6 COSTS
Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.
16.7 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
16.8 INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined Terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.