TERMS AND CONDITIONS OF PURCHASE (Virtual EFT Classes).
You’re about to make a GREAT investment for yourself! But, as with all things, it’s always a good thing to make sure we’re all on the same page.
Please read these T&Cs carefully. The “summary version” is first, then the full legal details are underneath that. By purchasing this Virtual EFT Class you accept that you understand and adhere to these T&Cs.
You understand that:-
I endeavour to support all of my students in the best possible way, however, questions can be missed. In the event that your question does not get answered, please email email@example.com and I will ensure the matter is resolved.
My goal is to support you in the best way that I possibly can, and one way I do that is to provide you with an online community space where you can connect with other students. The format of this community is subject to change, depending on the needs of our students. By participating in our community, you agree to behave in a way that is kind, fair, and considerate of other students and their own journeys.
I may – at any point during the subscription period – change or modify the material or classes if I feel it is necessary. This will not affect the outcome, and you will still receive the same deliverables as outlined. This is in accordance with my dedication to providing the very best experience.
By participating in this community, you agree to take full responsibility for your own health and well-being.
You agree not to treat any suggestion made in this community as a replacement for medical advice. You will not hold responsible the HEARTSTREAM WELLNESS website, CAROLINA KERRIDGE, or any other person or entity related to www.heartstream.co.nz for any harm that may come from following any suggestions presented here or in the classes and community.
You will not hold any community member responsible for any harm coming to you because of their suggestions.
Even though tapping techniques are very effective, there is no guarantee that you will achieve your desired results by following any suggestions made in the community.
Participating in this community does not establish a professional relationship between you and the website or any community members.
You agree not to use this community to advertise your own products or website without written consent from Carolina Kerridge.
In the event you wish to terminate your subscription to the Virtual EFT Class, you are required to notify Carolina Kerridge by email at carolina @heartstream.co.nz of your intention to do so and I agree to terminate your subscription within 7 days or as soon as possible thereafter. Any subscription monies paid after the receipt of your termination email will be refunded to you.
Subscription payments must be made and received by Carolina Kerridge at least 3 days before joining the Virtual EFT Classes.
THE FULL DETAILS:
1. PRICES AND PAYMENT TERMS
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product. Subscription payments must be made and received at least 3 days before joining the Virtual EFT Classes.
2. REFUND POLICY
No refunds will be given for non-attendance at our Virtual EFT Classes once paid. A recording (“the Products”) will be made available for a period of 1 Month from the first class of the Month which is free for you to view and download.
If for any reason you are dissatisfied with the Virtual EFT Class in the first instance please approach me to discuss your complaint. I agree to give a refund if already paid if you are dissatisfied with the experience of the Virtual EFT Class.
3. INTELLECTUAL PROPERTY
You agree that the Products contain proprietary information and materials, such as videos, photos, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by Carolina Kerridge of Heartstream Wellness and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is not permitted and Carolina will prosecute such misconduct to the fullest extent permitted by law.
Carolina Kerridge of Heartstream Wellness provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Carolina Kerridge’s rights or that has not been authorized by Carolina Kerridge. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Carolina Kerridge, the Products, or the Product Content, or infringe on any of Carolina Kerridge or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Carolina Kerridge and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF CAROLINA KERRIDGE AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Carolina Kerridge used and displayed in the Products are registered and unregistered trademarks or service marks of Carolina Kerridge. Other company, product, and service names used and displayed in the Products may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Carolina Kerridge Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Carolina Kerridge Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Carolina Kerridge may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Products, and they may be either withdrawn or terminated from the Products at any time without notice to you and without any liability to Carolina Kerridge. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Carolina Kerridge is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and Carolina Kerridge does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Carolina Kerridge will not be liable for your improper use of third-party materials and websites.
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. I DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
WHEN ADDRESSING FINANCIAL MATTERS IN ANY OF OUR PRODUCTS, WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS, OR OTHER CONTENT, I’VE TAKEN REASONABLE EFFORT TO ENSURE THAT I ACCURATELY REPRESENT My CLASSES AND THEIR ABILITY TO HELP YOU GROW AND IMPROVE YOUR LIFE. HOWEVER, CAROLINA KERRIDGE DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR USING ANY OF MY PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON MY WEBSITES OR IN MY PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE HEALTH OR WELLBEING.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING A SUBSCRIPTION TO THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR PERSONAL GROWTH OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY MY CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY ME, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN MY PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY MY OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. I OFFER NO PROFESSIONAL, LEGAL, MEDICAL, PSYCHOLOGICAL, OR FINANCIAL ADVICE.
I AM A MEMBER OF A PROFESSIONAL BODY (EFT INTERNATIONAL) AND UNDER THEIR CODE OF ETHICS I AM REQUIRED TO PROVIDE THE FOLLOWING INFORMATION: I AM NOT A PHYSICIAN NOR DO I HAVE ANY FORMAL TRAINING IN MEDICINE OR PSYCHOTHERAPY. I CANNOT THEREFORE MAKE RECOMMENDATIONS WITH REGARD TO DRUGS, SURGERIES, RADIATION, OR OTHER CONVENTIONAL MEDICAL INTERVENTIONS. I RECOMMEND YOU DISCUSS WITH YOUR DOCTOR OR OTHER HEALTH PROFESSIONALS ABOUT WHAT TREATMENTS ARE BEST FOR YOU.
6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Carolina Kerridge have entered into this Agreement in New Zealand and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Carolina Kerridge, shall be determined in accordance with the laws of New Zealand, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) CAROLINA KERRIDGE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Products are non-transferable.
D) TERMINATION. Carolina Kerridge is committed to providing all customers with a positive experience. If you fail, or Carolina Kerridge suspects that you have failed, to comply with any of the provisions of this Agreement, Carolina Kerridge, in her sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in the Virtual EFT Classes without refund; and/or (b) terminate this Agreement. Your obligations to Carolina Kerridge under this Agreement will survive expiration or termination of this Agreement for any reason. In the event you wish to terminate your subscription to the Virtual EFT Class, you are required to notify Carolina Kerridge by email at carolina @heartstream.co.nz of your intention to do so and I agree to terminate your subscription within 7 days or as soon as possible thereafter. Any subscription monies paid after the receipt of your termination email will be refunded to you.
E) CHANGES. Carolina Kerridge reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Carolina Kerridge’s Heartstream Wellness website or you may be notified by either email or postal mail. If you have any questions, please contact firstname.lastname@example.org.
F) INDEMNIFICATION. By purchasing a subscription to the Products and/or using the Products, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Carolina Kerridge, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns 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 your breach of this Agreement and/or your misuse of Products. You recognize and agree that all of Carolina Kerridge’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Carolina Kerridge.
G) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Products (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. H) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
I) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Carolina Kerridge’s intellectual property rights and confidential and proprietary information by you, Carolina Kerridge will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Carolina Kerridge may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the courts in Nelson, New Zealand for purposes of any such action by Carolina Kerridge.
J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
K) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
L) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.