By clicking “I Agree,” purchasing a product or service, or otherwise enrolling, electronically, verbally, you (“Client”) agree to be provided with services by Olliviette, acting for and on behalf of THE COCO CREATIV (“Company”).
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 by means of seminar, design services, consulting, coaching, and/or business-coaching.
(b) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(c) Parties agree that services are in the nature of coaching, education and design work.
(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.
(e) Company reserves the right to substitute services equal to or comparable those offered for Client if reasonably required by the prevailing circumstances.
(a) Payment is due immediately unless otherwise stated by the Company. Some products and services may be paid via a payment plan and will be clearly stated on the website. In such cases the Client agrees to pay fees to the Company according to the payment schedule on the Company’s website and according to the plan the Client selects.
(b) For products and services payable via payment plans, the 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.
- Cancellations and Refunds
(a) Coaching Sessions: Sessions cancelled immediately after purchase and up to 48 hrs before the meeting time will be refunded 50% of the purchase price. Sessions cancelled 24 hrs before the meeting time will be refunded 25% of the purchase price. Design work: Cancelling design services within 72 hours after purchase will be refunded 50% of the purchase price. After 72 hours you the Client is not eligible for a refund.
NOTE: This is because I start working on your session or design as quickly as possible. For sessions, I start researching and preparing for our call. For design, I’m either thinking about what I will create for you, looking up elements or connecting with you to confirm your needs)
(b) The Client is allowed 2 (two) chances to reschedule a coaching session. After the second instance your coaching session will be terminated and is not eligible for a refund.
(c) If Company is unable to attend a coaching session as agreed and no suitable rescheduling is able to be arranged then the client is eligible for a 50% refund of the purchase price.
(d) Sale prices and beta testing prices for all products and services provided by The Company are not eligible for refund or exchange.
- Limitation of Liability
(a) By enrolling for, purchasing, and/or using the Company’s services and products the 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 coaching sessions provided by the company 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 amount 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 60 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.
- No Resale of Services Permitted
(a) The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the services, products or materials (including course, blog, newsletter materials) or any access to the Company.
(b) This agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.
- 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.
- Disclaimer of Guarantee
(a) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from coaching sessions, education provided on the Company website, via newsletters or on social media.
(b) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.
(c) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(d) Company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(e) 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.
- 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 rules and/or regulations presented by Company.
(c) The failure to abide by 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.
- Use of Course Materials
(a) Client consents to recordings being made of services where applicable.
(b) Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of services, and materials submitted by Client 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.
(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.
PRIVACY POLICIES & DISCLOSURES
Data collected can include:
- Your first name, maiden name, last name, username, marital status, title, date of birth and gender.
- Billing address, delivery address, email address and telephone numbers.
- Payments details between us and other details of purchases made by you.
- Preferences in receiving marketing communications from The Coco Creativ and our third parties and your communication preferences.
- Login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
- Bank account, credit/debit card information.
- Username and password, purchases or orders, your interests, preferences, feedback and survey responses.
- How you use our website, products and services.
How the data is collected:
- Ordering services or products
- Subscribing to my newsletter or any services
- Filling out forms, speaking with me in person, via phone or video conferencing, email
- Through giving me your business card
- Through cookies and similar technology on the website. These interactions are automatically collected.
- Providing feedback
How the data is used:
- Your data will be used in preparing for a meeting, service, session or contract.
- For research or marketing purposes via various channels (eg email) in regards to special offers, products/services or information that might be of interest
- To help improve my products and services or help grow my blog, company or offerings.
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