Terms of Use


Client / Coach AGREEMENT

The Whole Life Coach Coaching Programmes


By enrolling electronically, verbally, or otherwise, you (“Client” or “You”) agree to be provided with products, programs, or services by The Whole Life Coach Limited (“Coach”), and you are entering into a legally binding agreement with the Coach, subject to the following terms and conditions:


1. TERMS

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Coaching Programme (the “Programme”) you have purchased.


(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Coach’s website where you made your purchase.


(c) Coach reserves the right to substitute services equal to, or comparable to the Program for Client if reasonably required by the prevailing circumstances.


(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for their own success and implementation of objectives met.


(e) Coach reserves the right to remove Client from Program at any time for any reason.



2. METHODOLOGY

Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Programme. Coach may revise methods or parts of the Programme based on the needs of the Clients in the group.


3. DISCLAIMERS

By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Programme is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice.


The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.


The Coach may provide Client with third-party recommendations for services that the Coach believes might benefit the Client. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.


Any testimonials or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services.  


Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.


4. PAYMENT AND REFUND POLICY


  1. Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount. Should Client decide not to complete the Program for any reason, Client will still be responsible for the full payment amount. No exceptions will be made in this matter and the Coach reserves the right to take legal action to collect payment.

  2. Coach does not offer refunds to ensure that clients are fully committed to the Program.

  3. If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). The Client’s credit card on file will either be charged each month when payment is due OR they will receive an invoice reminder to pay when due. It is the responsibility of the client to update the credit card if required.

  4. Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.

  5. In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to the coaching platform, the coaching group, modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement and pursue legal action if necessary.


5. INTELLECTUAL PROPERTY RIGHTS 

In respect of the training & documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. 


Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.


6. NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or

any of its programs, affiliates, subsidiaries, employees, agents or representatives.


7. GOOD FAITH

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.


8. DISCLAIMER OF WARRANTIES. 

The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.


9. LIMITATION OF LIABILITY

By working with The Whole Life Coach Limited in this programme, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Programme is at user’s own risk.


10. DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.


If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.


For the avoidance of doubt, The Whole Life Coach is free to choose any forum or process in respect of any breach of this Contract by the Client.


This contract is governed by the laws of New Zealand, and any dispute relating to it will be dealt with by the courts in New Zealand.


12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of New Zealand regardless of the conflict of laws principles thereof.


13. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.


I agree fully to the terms and conditions of this contract which are referred to and available for reading prior to purchasing the Programme.


My purchasing the Programme is my acknowledgment and acceptance of this agreement.



14. TERMS

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.



15. USE LICENSE

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the School’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or 'mirror' the materials on any other server.
  6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

16. DISCLAIMER

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.



17. LIMITATIONS

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.



18. REVISIONS & ERRATA

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.



19. LINKS

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.



20. SITE TERMS OF USE MODIFICATIONS

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.



21. GOVERNING LAW

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.