TERMS AND CONDITIONS
TERMS OF PARTICIPATION. By entering your credit card information, or otherwise enrolling you the “(Client”) are entering into a legally binding agreement with Monique Beaver of Mindfully Curious (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to provide the Program, “Remembrance” (herein referred to as “program”). Parties agree that the Program is in the nature of self development and education. 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. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
NO RESALE OF SERVICES PERMITTED. 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. This agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorised to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorised to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is a self development, educational service being provided. Whilst therapeutic in nature, it does not replace individual psychological therapy. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions, including awareness of client’s own physical limitations when undertaking movement practices and agrees to individual sovereignty and self discernment throughout the course, and beyond.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychological therapy), if needed. Company does not provide medical, or individual psychotherapy services as part of this course however crisis numbers will be provided by the Company, and alternative referral options provided should Client need arise. Company is not responsible for any decisions made by Client as a result of the program and any consequences thereof.
CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client. 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.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors 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 the offering for sale, the sale, and/or use of the product(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 or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognises and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
CHOICE OF LAW/VENUE. 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.
REFUND POLICY.
All registrations in all Mindfully Curious programs, classes and events are non-refundable. If you do not attend a Program component in which you are enrolled a refund or credit is not available and you will need to purchase the Program again if you wish to attend a future similar event. The program is also non-transferrable to another course, program, class or someone else (eg. Family or friend) unless specific written consent is provided by the Owner.
Last updated: Thursday 11th August, 2022.