BRING YOUR VISION TO LIFE TERMS AND CONDITIONS

*Last updated on October 15, 2021*

These Terms and Conditions (“Agreement”) is entered into between:

Laetitia Andrac (“Coach”) as the primary Coach and owner of Essential Shift Consulting Pty Ltd (“Company”), providing coaching services, with a primary address of 2/37 Dolans Road, 2230, NSW, Woolooware. Australia.

and 

You, the purchaser (“Client”). Collectively, all parties or persons entering into this agreement will be referred to as the “Parties.” The purpose of this agreement is to detail the services to be provided by the Coach, as well as the responsibilities of the Client, as agreed to by the Parties below.

Services

The Client has agreed to purchase the self-paced online course Bring your Vision to Life from the Company. 

The Company agrees to provide the Client with the following services on a per-purchase basis. (“Sessions” or “Services”):

- Immediate access to a 3 videos pre-recorded training

The Parties acknowledge and agree that during the term of this Agreement, the Services may be modified and/or expanded at the discretion of the Company. 

Compliance with Bring your Vision to Life Policies 

Payment

The Client accepts and agrees to pay the listed price on the checkout page at the time of purchase for the course. 

Payment methods accepted are: credit card.

Client agrees to pay all costs, including debt collection agency fees and solicitor’s costs, that Coach may incur in taking steps to recover any money that Client owes to Coaches, whether or not legal proceedings are issued for recovery of the monies. 

Returns & Refunds

Items and services sold by Essential Shift Consulting Pty Ltd will not be refunded under any circumstances, other than at the discretion of Laetitia Andrac, Director of Essential Shift Consulting Pty Ltd.

Failure to participate in the Services without notice altogether will result in forfeiture of the Services, and no refunds will be offered. 

Warranty

The Coach does not warrant in any form the results or achievements of the Services provided. The Coach warrants the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. The Coach shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services described herein. 

Ownership of Work Product

The copyright for all products, courses, journals, instructions, or deliverables created hereunder for Client, or provided to Client, shall belong to the Coach. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Coach. This Agreement does not grant Client any license to any of the Coach’s products, which must be separately licensed.

Confidentiality

The Parties acknowledge that by reason of their relationship to the other hereunder, each may disclose or provide access (the “Disclosing Party”) to the other Party (the “Receiving Party”) certain Confidential Information. “Confidential Information” shall mean (i) information concerning a Party’s products, business and operations including, but not limited to, information relating to business plans, products, product samples, costs, sources, strategies, inventions, procedures, literature, technical advice or knowledge, contractual agreements, pricing, price lists, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies and interests, designs, drawings, work sheets, concepts, samples, inventions, manufacturing processes, computer programs and systems. All Confidential Information shall remain the property of the Disclosing Party. Further, the Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.

Indemnification

Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.

Limitation of Liability

Except for the Parties’ Confidentiality obligations under Section 7 of this Agreement and Indemnification obligations under Section 8 of this Agreement, in no event shall either Party be liable under this Agreement to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including but not limited to lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Client’s obligation to pay the Fees to the Coach, each Party’s entire aggregate liability for any claims relating to the Services or this Agreement shall not exceed the fees paid or payable by the Client to the Coach under this Agreement in the 12 month period immediately preceding the events giving rise to such liability. This section shall survive the termination of the Agreement. 

You agree that under no circumstances shall Curate Well Co. be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Curate Well Co. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Curate Well Co. has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. 

Force Majeure

Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within 5 business days of its occurrence.

Governing Law and Venue

This Agreement will be governed by and interpreted in accordance with the laws of the State of NSW without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in NSW. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.

Attorney’s Fees

If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.

Assignment

The Company may subcontract its obligations and rights to a third-party.

Severability

If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Survival

Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.