This agreement ("Agreement") is made effective by and between Shelly Aqui Coaching (the "Company") and the purchaser (hereafter "Client") of any digital product or course (hereafter "Product"). The Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout OR by submitting payment for the Product.
1. Digital Product Usage
After purchasing the digital product, the Client will be given access to the product materials within [48 hours] through a download or delivered in his/her email. The Client will have access to the materials for a specified duration, which will be made known before purchase.
The Company hereby grants the Client one (1) exclusive, non-sublicensable, non-transferable license to use the Product. The Client understands and agrees that Product materials may not be shared with any third party. If the Company suspects that the Product or content is being shared with another party, the Company reserves the right to immediately terminate the Client's access to the Product.
The Client may use the Product for his/her own personal use and business use. The Client may not duplicate, share, post or re-distribute the copy or content in the Product without due credit to the Company.
2. Fees & Payment Processing
In consideration for access to the Product provided by Company, the Client agrees to compensate the Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event that the Client has already been given access to the Product and a payment method is declined, the Company reserves the right to collect any and all outstanding receivables.
3. Refund Policy
Due to the nature of digital products, upon purchasing, no refund, or transference of any fees or other amounts paid or due by the Client in connection with the Product will be allowed under any circumstances. Due to the nature of digital courses, the Client will be liable for payments due to access of products, courses or services whether used or unused within the pre-determined period of access.
4. Personal Information
By purchasing the Product, the Client will be asked to provide personal information, including his/her name, email address, mailing and billing address. The Client agrees to allow the Company access to this personal information for all lawful purposes. The Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating the Company on any changes to his/her identifying information.
The billing information provided to the Company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client's identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
5. Warranties and Liability
The Company makes every effort to ensure that the Product is accurate and fit for the use of the Company's customers. However, the Company takes no responsibility whatsoever for the suitability of the Product, and the Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose. The Client agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of the Client's breach of these terms and conditions. The Company shall not be liable to the Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
The Company does not make any guarantees as to the results, including financial or other personal gains, of the Client's use of the Product. The Client agrees to take responsibility for the Client's own results with regards to using the Product.
7. Release & Reasonable Expectations
The Client has spent a satisfactory amount of time reviewing Company's business and has a reasonable expectation that Company's Product will produce different outcomes and results for each Client. The client understands and agrees that:
▪ Every client and final result using the Product is different;
▪ The Product is intended for a mass audience.
8. Entire Agreement
This is a binding agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties.
© Shelly Aqui Coaching