This Agreement sets out the entire arrangement between you, the Client, and us, the Company, as defined below. Since we know reading legal documents is not the most fun, we’ve tried hard to keep things as simple as possible, which means no complicated jargon! With this Agreement, we simply want to ensure we provide you with clear expectations as we start working together towards achieving your goals.
1. The Agreement
By checking the box next to these Terms, and/or by clicking the “purchase” button, you, the purchaser of the services as outlined herein, (“Client” or “you”) agree and willingly purchase entry into this program (the “Program”), with services provided by Celinne Da Costa Worldwide LLC of 256 Chapman Rd STE 105-4, Newark, DE 19702 (referred to in this document as “Company” “We”, “Our” or “Us”). You agree you are voluntarily entering into a legally binding Agreement with Company upon purchase, inclusive of the following terms and conditions mutually agreed upon:
2. The Services
A. The Services (“Services”) included within Program are outlined in full on the sales page located at https://celinnedacosta.com/terms-conditions/ and are delivered through a personal account set up on the course hub: http://courses.celinnedacosta.com/. Any additional contact or support you request that is not included in the Services above will constitute a different service outside this Program, requiring an additional agreement and separate fees.
B. Services will also include one (1) add-on bonus, private one-to-one strategy session with a trained member of Company’s team lasting 30 minutes, which will be delivered via Zoom or another online meeting facility. In order to receive the session, Client must complete the requested survey, and must schedule it with Company within the first thirty (30) days following purchase. If Client fails to contact Company and schedule session within the first thirty (30) days following purchase of a Program, Client will lose the strategy session. Client understands this strategy session is a bonus feature, and is not included within the promised deliverables of Program.
C. When Company delivers the Services to you, they may be delivered via one of our employees, contractors, or other third-party providers as necessary or appropriate.
D. Company agrees to use its best endeavors to deliver the Services within the timescales set out within this document, but in purchasing this Program, Client accepts and understands that as Company operates a global business that involves regular travel across the world, delays to the delivery of the Service may arise due to location, time differences, or lack of secure, reliable or accessible telecommunication services. Where Company experiences delays in delivering the Services to you, it will do our best to inform you in advance or where that is not possible, Company will notify you as soon as we can once accessibility is restored.
3. Our Obligations
A. Company agrees to deliver the Program and the Services to you with reasonable care and skill.
B. Material will be posted on the course hub at http://courses.celinnedacosta.com/login/. It is the Client’s responsibility to review and download any material, and to show up to any live trainings, if they are a part of the Program. If for some reason details on the training or material are not received, it is the Client’s responsibility to notify Company of the issue so they may address and resolve, in order to allow Client to access materials. Failure of Client to notify Company of inability to access Program does not entitle Client to a refund, nor create any additional obligation on our part.
4. Payment Terms
A. The fee for the Program is as stated on the sales page and course hub, and can be viewed on Client’s order receipt (“the Fee”). Fees vary per course.
B. Payment of the Fee shall be made via the invoice provided using any form of Bank Card.
For additional payment options, please contact Company directly at firstname.lastname@example.org using "Payment Options" in the subject line. Should Company agree to any payment plan, any such plan will be outlined in writing and agreed upon prior to commencing. Should you as the Client fail to make any payments under a payment plan, Company reserves the right to restrict your access to the Program until your account is brought current, and a late fee of $50 per month may apply.
C. The Fee must be paid immediately upon receipt, or when prompted by the purchase page of Program. Failure to pay the Fee timely may result in a ten percent (10%) late fee, or the maximum amount allowed by law, and/or revoked access to the Program.
D. The Fee shall be paid without any deduction or any withholding except as may be required by law.
5. Refund Policy
A. Client may request a refund, which may be issued in the following circumstances:
I. Refund request must be submitted in writing to email@example.com within fourteen (14) days of purchase. After 14 days, refunds will not be accepted under any circumstance.
II. With the refund request, Client must submit the five (5) completed workbooks from the “Tell Your Brand Story” course, located within the primary Program. Refund requests without evidence of having engaged with the material will not be considered, and evidence submission after the 14 day period will not be accepted.
6. Cancellation and Termination
A. This Agreement may be terminated by either party upon providing written notice to the other party (via email) in any of the following circumstances:
1. Either party breaches a term of this Agreement, and where it is a breach capable of remedy, fails to remedy that breach within 14 days of being notified by the other person; or
2. Either party breaches a term of this Agreement which is incapable of being remedied; or
3. Client provides Company with 14 days’ notice to cancel this Agreement. If Client cancels this Agreement within fourteen (14) days, the refund policy from clause 5 applies, otherwise, Client will be liable for full payment of the Fee despite any notice of cancellation. Client understands that terminating this Agreement early does not alleviate him/her of the obligation to make full payment for Program absent an alleged breach as outlined above.
B. Company reserves the right to limit delivery of the Program, suspend, and/or terminate this Agreement without refunding any Fee, whether paid, or remaining due, if we reasonably determine that you are:
1. Preventing Company from delivering the Program and the Services in any way. Such behavior shall include, but not be limited to, displaying a lack of interest in the Program or Services, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
1. Failing to follow or abide by any term of this Agreement, whether such action constitutes a material breach or not.
C. Upon termination of this Agreement for any reason:
1. Any Fee or other monies owed to Company shall become immediately due and payable unless Company was in breach of the Agreement;
2. Any term of this Agreement which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered shall remain in full force and effect;
3. Client and Company agree to stop using, either directly or indirectly any Confidential Information, and shall immediately return to the other any documents in our possession or control which contain any Confidential information
7. Force Majeure (Events outside of our control)
A. While the Company will make every effort to deliver the Program to Client, certain events may arise which are outside of our control and which may affect our ability to deliver the Program. Such events may include Strike, War, Riots, Lock Outs, Fire, Flood, Accident, any Act/Omission of a Telecommunications officer or Third-Party Supplier of Services, or any other circumstances beyond Company’s control (“Events’). Should any such Event occur, the timescales for delivery of the Program may be extended or altered until a reasonable time after the Event, and under no circumstances shall Company be liable for any loss or damage suffered by Client as a result.
B. Should an Event occur, such as a global pandemic, that still allows the Parties to deliver and participate in the Program, all terms shall remain in force. Please note that a pandemic does not release Client from making timely payments, absent a written agreement confirming otherwise, signed by all parties.
8. Confidentiality, Data Protection
A. For the purposes of this Agreement, “Confidential Information” shall mean personal information, ideas, any business practices, materials, content, documents, video and audio recordings, presentations, resources, downloads, podcasts, workbooks or any other confidential and/or proprietary information (“Confidential Information”).
B. In order for Client to benefit fully from this Program, you accept that you may be invited or encouraged to disclose Personal Data and/or Confidential Information if you so choose, throughout the duration of Program. Company understands and respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit or for the benefit of any other person or entity any Confidential Information that you may disclose to us or that may be disclosed as part of your participation in the Program other than to our employees, contractors, agents or advisors, to the extent necessary for delivery of the Program.
C. Notwithstanding the previous section, Client confirms he/she is aware that should Program include any live calls, any such calls will be group coaching calls, available to all, and recorded. If Program includes any such calls, any information shared will be recorded and shared with others on the call. By participating in any such calls, you grant us the irrevocable right to record the group coaching calls and share the recordings with all current and future participants in the Program. We will not share any information outside the scope of this Program. If Program does not include any live calls, this provision is not applicable.
D. Further, you understand that anything posted on Company’s Facebook group will be visible and shared with all other members of the Program. Company is not liable if any information shared in this forum is shared elsewhere by another participant.
E. Confidential Information, for the purposes of this Agreement, excludes any information that:
1. was already known to us prior to being provided with that information by you;
2. is already accessible in the public domain;
3. is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
4. is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.
F. Where Company processes your personal data, they shall do so in accordance with the terms of their Privacy Notice which can be found on Company’s website at www.celinnedacosta.com.
G. Company is grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”) that may include your name, photo or video. As part of this Agreement you consent for Company to exhibit, copy, publish, distribute, use on or in any of Company’s websites, pages, other social media sites, advertising, marketing campaigns or email communications any of these Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.
H. The obligations set out above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
9. Intellectual Property
A. Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work. Client agrees she may be granted a limited right to use selected materials for personal use, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Where any of the materials and resources provided by Company contain intellectual property belonging to a third party, your use of that material will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. Company will not be liable to you in connection with your use or attempted use of any materials that contain intellectual property belonging to a third party.
10. Liability, Disclaimer
A. We have made every effort to accurately represent the Program and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any business endeavor, there is an inherent risk of loss of capital and we make no guarantee, representation, or warranty with respect to the Services provided.
B. We shall not be liable to you for any indirect, consequential or special damages.
C. In the event you incur damages as a result of our default or violation of any of the terms of this Agreement, then our entire liability under this Agreement is limited to the Fee amount paid by you to us as at the time the loss is sustained.
D. Throughout the duration of the Program and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm Celinne Da Costa, Company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
E. Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
F. Should a dispute arise between us in connection with this Agreement which we are unable to resolve amicably then we both agree to refer the matter to an independent mediator for resolution. In the event an agreement can still not be reached then legal action can be commenced.
G. You agree to indemnify Company against any costs, liability, damages, loss, expenses or claims that it may incur as a result of your default or violation of any term of this Agreement.
A. Any reference in this Agreement to the provision of a notice shall mean notice in writing sent by email to the email address included in this Agreement. All emails will be taken as delivered 48 hours from valid transmission. If Client changes his/her contact email address, it will be your responsibility to notify us so that we can update our records.
A. The failure of either party to actively enforce any provision of this Agreement shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
B. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
C. This Agreement represents the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the date this Agreement is signed.
D. You agree that no other representations have been made by us to induce you into purchasing the Program and no modification to this Agreement shall be effective unless in writing and signed by us both.
13. Applicable Law
A. This Agreement is formed in the United States, in the state of Delaware, which is our principal place of business, and this Agreement and the rights of us both shall be governed by the laws of the United States and in the absence of any controlling federal law, with the laws applicable to the State of Delaware.
14. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
A. Both Company and Client agree to make every effort to resolve disputes without the need for third-party assistance. If that cannot be done, Company and Client agree to utilize mediation in order to resolve the dispute. The mediation will either be held in Delaware or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute. Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.
B. The Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Delaware. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Delaware.
C. If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.