TERMS AND CONDITIONS
JESSICA NAZARALI CONSULTING
By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Jessica Nazarali, acting for and on behalf of Shop Healthy Pty Ltd (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education and lead generation by means of done-for-services, seminar, consulting, coaching, and/or business-coaching (the “Program”).
(b) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(c) Parties agree that the Program is in the nature of coaching and education.
(d) The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.
(e) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(a) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(b) Company shall charge a 5% (five percent) late fee on all outstanding balances not paid by the date or dates as agreed between the parties.
(a) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.
(b) If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund, except where Company’s statutory obligations mean that Client is entitled to either a full or partial refund.
(c) If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Program will be made to Client.
4. Chargebacks and Payment Security
(a) 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 on the dates agreed.
(b) 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 chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
(c) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. No Resale of Services Permitted
(a) Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.
(b) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.
6. No Transfer of Intellectual Property
(a) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.
(b) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.
(c) 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.
(d) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.
(e) No license to sell or distribute Company’s materials is granted or implied by the enrolment or by the payment of any fees.
7. Limitation of Liability
(a) By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.
(b) The Program is an educational/coaching service only.
(c) Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services.
(d) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
(i) the total fees Client paid to Company in the one month prior to the action giving rise to the liability.
(e) All claims against Company must be lodged within 100 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
(f) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.
(g) Client agrees that he/she uses Company’s services at Client’s own risk.
8. Disclaimer of Guarantee
(a) Company agrees that they are responsible for booking 30 calls per 90 day period for the client, when the client is engaging in our done-for-you lead generation service.
(b) If 30 calls in the 90 day time period have not been generated, client will not be charged again until 30 calls have been generated.
(c) A “call booking” is qualified as someone agreeing to having a call at a specific date and time with the client.
(d) If a call is cancelled or rescheduled it’s the clients responsibility to follow up and get the call to reschedule. No shows and cancelled calls count towards the 30 calls.
(e) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program aside from the above aspect.
(f) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.
(g) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(h) Company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(i) Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.
9. Course Rules
(a) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.
(b) Client agrees to abide by any Course rules and/or regulations presented by Company.
(c) The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
(d) In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
10. Use of Membership Site Materials
(a) Client consents to recordings being made of courses and the Program.
(b) 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 Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
(c) Client consents to his/her 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 or need for further agreement by Client.
11. No Substitute of Medical Treatment
(a) Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(b) Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.
(c) Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
(a) 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.
(b) Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.
(c) In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.
(a) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
(b) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.
(c) Company 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.
(d) Client Confidential Information shall not include material created by Client on internet social media (including, but not limited to, Facebook, LinkedIn, Twitter and Instagram). Where such material on social media mentions Company, services provided by Company, Company staff or Programs then Client agrees that Company may use such material for marketing and similar purposes without express permission of Client (other than by the terms of this Agreement) and that Client will have no claim of any kind against Company for use of the material.
(e) Client acknowledges and agrees that Program may include group activities and that Company may record, for later use at the absolute discretion of Company, such activities and that Client will have no claim of any kind against Company for use of the recorded material.
(a) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
(b) 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.
(a) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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 service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
(b) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
(c) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.
16. Controlling Agreement
In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.
17. Choice of Law
(a) 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.
(b) 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.
(c) The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
18. Entire Agreement
(a) 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.
(b) This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, dispute resolution, 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, for any reason, of this Agreement.
If any of the provisions contained in this Agreement, or any part of them, 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.
21. Other Terms
(a) Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.
(b) A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
1. Information Collection, Use, and Sharing
Third Party Services: We use a third party services to collect, monitor and analyze Log Data. Log Data is information that your browser sends when you visit our website. This Log Data may include information such as your computer’s IP address, browser information, ISP, the page pages you have visited within our website, time spent on those pages and other statistics. We use the Log data in order to obtain statistical data, improve our website and offerings, and ensure you receive information relevant to you. If we utilize this technology, we will use them in compliance with all policies of these third party companies. We may receive personal data from third parties including Google, social media platforms, search engines, Paypal, Stripe, and other third party payment processing companies.
Social Media: If you are on our email list due to your consent to be added, or our legitimate interest in engaging in direct marketing, we may also use your data to send you targeted social media advertisements or upload your information into our social media account to create look-a-like audiences.
CAN-SPAM Compliance: To ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list, or contact us with any questions or concerns.
Lawful Grounds for Processing: In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) we confirm we have lawful grounds for processing the information we collect from you. If you provide your personal information via our “contact us” page or send us any other form of electronic communication, we will process your data based upon our legitimate interest to respond to user or customer inquiries. If you elect to receive communication from us by “opting in” and provide us with your name and email address in exchange for a free resource or training, we will process your data for the purpose it was collected based on your affirmative consent to do so, and may periodically send you additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. We may also give you the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based upon your decision to opt-in to one or more of our free resources, and will obtain your consent to do so. You may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions.
2. Personal Information Use and Sharing
How Information is Stored and Shared: You have the right to know what information is stored (and not stored) and how it is processed. We may share Personal Information with a third party service providers of this Website, such as the servers for our email communications. You understand that there are limited purposes where we will share your confidential information, including with those who are providing technical support for our website, or those who are members of our team, including legal and accounting. Those third party service providers use your Personal Information only at our direction and in accordance with this policy. By collecting and using your personal data, We are acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the Personal Information will be used for. We utilize a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
Any Personal Information that you provide to us is used solely to help us communicate with you.
Please be aware we may disclose information provided if we are required to do so by law if any portion of our policies are being violated, to prevent or mitigate a belief that a crime may being committed, or to protect that safety or rights of our other uses. We will always take all reasonable measures to protect and safeguard your information.In the event that we undergo a business transaction, such as a merger, acquisition or partial sale with another company, your Personal Information may be transferred. You consent that such transfer may occur and is permitted by this policy.
Website Comments: When you leave a comment on this website, you are giving implied consent for this comment and your information to appear on our website. In leaving a comment, your name and email address will not be shared with any third party. We may use your email address solely to respond to your comment. However, we are not liable or responsible for the actions of other individuals and the unauthorized use by such information that your voluntarily share.
Testimonials: If you choose to share a testimonial on this website, we will first obtain your written permission via email before including your name and testimonial on our website.
Information Protection & Security: We utilize a Secure Sockets Layer (SSL) on our website in order to assist in the secure transfer of information; however, it can never be guaranteed. Should We become aware that a data breach has occurred, We will timely notify the necessary parties with as much information as we have available. By using this Website, you acknowledge that you understand and agree to assume these risks.
3. Links to Other Websites This Website includes links to other websites.
4. Your Rights to Control Your Information
You have the right to update, edit, or delete your information from our database. You may “unsubscribe” from our list at any time, by clicking the “unsubscribe” button at the bottom of any email we send you from our list. Should you wish to request access to information that we have collected about you, correct or edit any information, or unsubscribe from our email list, and/or remove or delete your information from our database, you also have the option to do so at any time, free of charge, by reaching out to us at:
Jessica Nazarali Shop Healthy Pty Ltd PO Box 543 Woy Woy, NSW 2060 Australia [email protected]