TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
BY PAYING FOR A PROGRAM, COURSE, OR SERVICE EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You irrevocably agree to enter into this Agreement with Agnes Aldana (the “Company” or “we/us”) Agnes Aldana (the “Coach”), then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this service, course, or program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Client understands that they are 100% responsible for her own progress and results. Client understands that they are the one element over which Coach or Company has no control and therefore. Client understands that their results are not guaranteed. Client commits to full participation in the Program and understands that nothing is guaranteed in business, and that the Coach will do her best work possible, but at the end of the day, it’s up to the client to do the work. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. Agnes Aldana does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the services of Agnes Aldana.
We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same fellow rights of fellow Program participants and of the Coach and the Company.
You agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By paying for the program, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/ or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
You authorize the company to charge your credit card or debit card (through PayPal or Gumroad):
Skipped or cancelled payments will result in an immediate removal from the Program until payment has been made or new payment arrangements have ben mutually agreed upon by you and Agnes Aldana. Time lost will not be made-up.
You are responsible for full payment of fees for the entire Program, regardless of whether you complete the Program, are able to complete the program, regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan
USE OF THE SITE AND PROGRAMS
The agnesaldana.com web site, Program-specific Facebook Group/s and free Facebook Group (Your Healthy Launch - For Health Coaches) are collectively referred to as the “Site”. To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and life coaching and other information are subject to change. Agnes Aldana and Agnesaldana.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Agnes Aldana disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to participate in any Program, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Agnes Aldana and Agnesaldana.com will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.
You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You
shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
Any Program is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavour to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
COACHING PROGRAMS AND REFUNDS
ONLINE PRODUCT SALES
Due to the digital nature of these products, all downloadable products sold on the Site are non-refundable. If you have any questions about Agnes Aldana or any products being sold on the Site, please email email@example.com first before purchasing the product.
1-on-1 COACHING PROGRAMS AND GROUP COACHING PROGRAMS
All sessions are to be scheduled in advance using the online scheduling tool provided, or agreed by phone / email with Agnes Aldana.
There are no session cancellations. Sessions may be rebooked at least 3 days in advance.
“Fresh Facebook Ad Intensive: Session will be void if not utilised within 3 months from date of purchase. All sales are final and will not be refunded. Session cannot be cancelled. Rescheduling must be done at least 3 days in advance for session to remain valid.
“Juicy Done With You Facebook Campaign”: Full payment must be made within a maximum of 4 weeks after downpayment date, unless otherwise arranged through an alternative payment plan. First session must be utilised within a maximum of 4 weeks after downpayment date, otherwise session is forfeited (unless otherwise agreed) and any payments made beyond the downpayment will be refunded. Downpayment will not be refundable once program materials are sent through to client.
“Juicy Done With You Facebook Campaign” program will be forfeited if not all sessions are utilised within 4 months from date of purchase. Any rescheduling must be done at least 3 days in advance for session to remain valid.
“Juicy Done With You Facebook Campaign” Early Termination: In the event of the Client’s withdrawal, for any reason whatsoever, the Client will remain responsible for the downpayment and pro rata share of the program that has been delivered, plus a cancelation fee of $50.00. Notification of withdrawal must be sent in writing to firstname.lastname@example.org. The Coach (Agnes Aldana) reserves the right to cancel the program if at any point she or he feels it is not advantageous for the coaching program to continue. If this happens, the Client is only responsible for the pro rata share of coaching services received. The Coach (Agnes Aldana) will provide notification of program cancellation in writing to the client’s email address specified at purchase, and a refund will be processed within 5 working days from date of program cancellation.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Agnes Aldana and Agnesaldana.com. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program. Content you submit to Agnes Aldana and Agnesaldana.com remains yours to the extent that you have any legal claims therein. You agree to hold Agnes Aldana harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Program contain intellectual property owned by Agnes Aldana and Agnesaldana.com including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us emailing the new Terms and Conditions. Any use of the Site or Program by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Program, including these Terms and Conditions, at any time.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Program. Additionally, Agnes Aldana and/ or Agnesaldana.com is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Agnes Aldana and/or Agnesaldana.com has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Agnes Aldana’s cumulative liability to you exceed the total purchase price of the Program you have purchased from Agnes Aldana and/or Agnesaldana.com, and if no purchase has been made by you Agnes Aldana’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Agnes Aldana and Agnesaldana.com You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Agnes Aldana and Agnesaldana.com pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Agnes Aldana and Agnesaldana.com shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Agnes Aldana and Agnesaldana.com.
All notices, requests, demands, and other communications under this Agreement shall be in writing.
GOVERNING LAW; VENUE; MEDIATION
In the event that there ever arises a dispute between Coach (Agnes Aldana) and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the Australian Dispute Resolution (ADR). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Queensland, Australia. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
BY USING THE SITE AND BY PAYING FOR any downloadable Programs EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS ABOVE.
User’s continued reading and use of this website, as well as purchase of any programs or online products, indicates User’s acceptance of the Terms and Conditions above. IF YOU DO NOT AGREE TO THE PREVIOUS TERMS AND CONDITIONS, PLEASE KINDLY EXIT.