Kickstart Coaching Programme
Terms and Conditions
By clicking the payment button, entering your credit card information, making a Payfast payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Adele du Rand (“Coach”), acting on behalf of Mastering My Thyroid (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a) Upon executing this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services as per The Kickstart Programme scope.
(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 as part of the programme.
(c) The Coach reserves the right to substitute services equal to or comparable to the programme for the Client if reasonably required by the prevailing circumstances.
(d) The Client agrees to be open, present and prepared to complete the work as a team together. The client is responsible for his/her own success and implementation of objectives met.
(e)The Client is aware that the Coach does not solve medical issues nor treat disease and is therefore not a replacement for the Client’s Doctor, Therapist, or Physician.
The Client agrees to be open-minded to the Coach’s coaching methods and participate in the methods proposed. The Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. The Coach may revise methods or parts of the Program based on the needs of the Client.
By participating in this programme, the Client acknowledges that the Coach is not a medical doctor or psychologist. The Client acknowledges that the Coach is not medically qualified, is not a substitute for advice from a qualified doctor, does not warrant the accuracy of any information provided, and is not liable for any losses the Client may suffer by relying on the Coach’s advice.
By participating in sessions, the Client acknowledges that the information provided during sessions is not intended nor implied to be a substitute for medical 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.
4. PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, the Client agrees to pay to the Coach the full purchase amount.
(b) Coach does not offer refunds to ensure that clients are fully committed to the coaching. If an unforeseen circumstance occurs that causes the client to quit the program, the coach may decide to partially refund at her discretion.
(c) If the Client can cancel the agreement within 2 weeks after the start date, and the Coach will refund the Client the full amount, no questions asked.
5. INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Client as part of this Agreement, 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.
6. RIGHT TO TERMINATE
The Coach has the right to terminate the Agreement at any time at her discretion and will provide the Client with a refund for any part of the program not completed that otherwise had been paid for in advance.
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 the deal, course of performance, or trade usage.
9. LIMITATION OF LIABILITY
By using the Coach’s services and purchasing this programme, the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. The 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 programme. The Client agrees that the use of this Program is at the Client’s own risk.
10. Governing Law
These Terms shall be governed in accordance with the laws of the Republic of South Africa, and the Client hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.