Terms and Conditions
Shawna L Wells Ltd.
Energy Alignment Guide
Section A;
Agreed Terms Between
(1)
Shawna L Wells Ltd. as
www.shawnalwells.com
6175 Drinkwater Rd,
Port Alberni BC, V9Y 8W6 Canada and;
(2)
The guest of Shawna L Wells' website or online platforms, and/or purchaser/
subscriber of Shawna L Wells programs (“the Program”) by Shawna L Wells, aka
“the Client”
Section B; Important Notes:
(1) All payments are non refundable
(2) All instalments (if instalment option selected) are due in full and
completion no exceptions
(3) It is recommended you print and keep a copy of these terms and conditions
as they will not be filed and may change from time to time
(4) These Terms should be read in conjunction with our Privacy Policy found
online at shawnalwells.com
(5) Your order will be fulfilled by the estimated delivery date set out in our
confirmation email or as described on our site, unless there is an event outside of
our control. If we are unable to meet the estimated delivery date because of an
event outside our control, we will endeavour to contact you with a revised
estimated delivery date or substitution or credit of equal or greater value, however we are not liable to you
for events that occur outside our control.
(6) If you (Client) are a current or previous client of Shawna L Wells Ltd. (SLWLtd) - and you register for another program or offering of SLWLtd at anytime - you must be in good financial standing across all offerings and services provided by SLWLtd, past and present, in order to continue receiving goods and services from SLWLtd. Should you default in one program or offering with ANY missed or late payment, we reserve the right to remove you from ALL programs, courses, services, and offerings immediately and without warning. There is a possibility of resuming as normal once all payments are brought back into good standing - at the sole discretion of SLWLtd.
(7) SLWLtd holds a high standard for kindness, courteousness, professionalism, confidentiality, and compassion. If Client is found to not be adhering in a kind, courteous, professional, confidential and compassionate manner with SLWLtd, it’s team members, clients, or students - both past and present - SLWLtd reserves the right to remove Client from ALL programs, courses, services, facebook groups, email lists, membership portals, and SLWLtd offerings immediately and without warning.
Section C; Program
(1)
The program will be provided over the course of time described in the
program (in addition to the initial registration period in addition to the length of that
time), and shall be delivered by a (possible) combination of online sessions,
telephone sessions, and online modules as described in the program being
purchased.
(2)
The date and time of the sessions will be outlined within the member’s
only site, however these are subject to change. We will provide as much
notice as possible of any changes, but are not liable to you in any way for
such change to dates and times. Please check the site regularly for changes
to dates and times.
(3)
Group telephone conversations (if applicable) will start and end as
scheduled regardless of what time you join the call. This may be extended at
our discretion, but if we need to end at the scheduled time, we will not be
obliged to refund you any amounts in relation to such session
(4)
This is an online course and as such any digital materials included in the
Membership will require the following hardware and software and other
functional requirements in order to be fully used: computer or tablet device and internet access.
(5)
The online sessions of the Program are held on third party secure
servers and we have taken all reasonable steps to ensure that the online
content will be available at all times during the course of the Program but in
the event that such content (or any content added by you or other participants
in the Program) is not available in whole or in part at any time, or becomes
corrupted, is deleted or is failed to be stored, we shall have no liability in any
circumstances.
(6)
If anywhere the term “Lifetime Access” is used - this is to reference the length of the life of the program itself - not the lifetime of SLWLtd, Shawna L Wells, nor the lifetime of any particular Client themselves. The life of the program itself is described as the length of time it is actively being offered by SLWLtd. For any course or program materials the Client would like to keep, it is highly encouraged and recommended that the Client immediately download and save such resources to their own computer for private use only, as there are no guarantees that SLWLtd third party site won’t crash at anytime, or when SLWLtd will choose to take the program down, once the live portion has ended. SLWLtd reserves the right to make ANY and ALL changes to it’s courses, programs, membership sites, membership portals, and availability of such programs and courses once the agreed upon course materials and services have been rendered. Any sharing, copying, or re-distribution of SLWLtd content in whole, or in part, is punishable by law. SLWLtd is not liable for any course or program materials not downloaded and saved by the Client.
(7)
You agree to keep user details and your password for the site
confidential at all times and to not disclose them to any third party.
You must notify us immediately if you become aware of any unauthorized use of your
account and you shall indemnify us against all claims,damages,losses,costs or
expenses (including professional fees) and any other liability which arises from
any unauthorized use of your account.
Section D; Payment
(1)
The total price payable for the program is as set out in the summary of
key terms in your program description and
is non refundable.
(2)
You may choose to pay by instalments or in one lump sum and the total
price payable shall depend upon which you have chosen and shall be as set
out in the summary of key terms.
(3)
If you choose to pay in instalments a deposit of the amount set out in
the summary of key terms is payable on registration for the program. You will
then be automatically charged for your remaining instalments every 30 days
until the total price payable has been paid. Such invoices must be paid within
7 days of the date of that invoice.
(4)
Should you choose to drop out of the program you are still legally
obligated to make all instalment payments as agreed upon registration of the
program - such as when SLWLtd is financing your purchase of one of our programs, coaching, or group coaching packages with one of our instalment options provided.
If you are joining a SLWLtd month-to-month service that was contract-free at registration, you are free to cancel at anytime, no questions asked - unless you had chosen the minimum time -commitment contract option as a way to receive reduced pricing. If this is the case, you are still legally obligated to make all instalment payments as agreed upon registration.
Failure to make timely payments as agreed at registration will result in the following;
1. Immediate termination from Access to the Membership Portal
2. Immediate Removal from the Private Interactive Group Setting such as the Private Facebook Group correlated with your Course or Program
3. A wait period of 7 days to bring your account back into good financial standing, before our Collections Agency is contacted, as well as your amount owing reported to vital credit report agencies such as Equifax and TransUnion, which may affect your ability to qualify for future credit-related purchases, loans, mortgages, vehicle financing, credit lines and/or credit cards.
(5)
Without prejudice to any other right or remedy that we may have, if any
sum payable under these terms is not paid within 7 days of the due date we
reserve the right to i) charge interest from the date due for payment to the
actual date of payment at the rate of 3% above the base rate of CIBC from
time to time in force and/or ii) suspend the availability of the program until
such time as the payment is made or the Contract is terminated. We reserve the right to terminate the contract at anytime once a payment is missed or delayed.
Section E; Recording, photography and
filming
(1) We may wish to record, photograph or film a program/event and
reserve the right to do so for the purpose of future programs/events and/or
promoting future programs/events
or otherwise.
(2) You consent to us recording, photographing or filming(“Recordings”)
you without any fee payable to you (other than as set out below).This
consent includes Recordings of your participation in our live events,
webinars, online courses, offline courses, presentations
and otherwise (“participations”)and includes your past, present and
future participations.
(3) You acknowledge and agree that we shall be entitled to edit, copy, add
to, adapt or translate the Recordings at our discretion and, in respect of
the Recordings, you hereby irrevocably waive in favour of us, our assignees
and licensees the benefit of all moral rights and performers' rights arising under
the Copyright, Designs and Patents Act 1988 or similar rights arising under
the laws of any jurisdiction.
(4) You agree that we may use such Recordings of you for purposes
including (without limitation) promotion of future programs, events and/or
courses and to create content for future programs, events and/or courses.
Section F; Warranties, Representations and Guarantees
(1) All warranties and representations are excluded to the fullest extent
permitted by law. Due to the nature of coaching and the fact that your
success is dependent on a number of factors over which we have no
control, we do not guarantee any particular results.
(2) We will endeavour to ensure that all information that we provide is
accurate and up-to-date but we shall not be liable for any claims arising from
such information being inaccurate or not up-to-date or otherwise.
Section E; Intellectual Property
(1) We are the owner or the licensee of all Intellectual Property Rights and
all other rights in the Programs and all content within the Program and
nothing in these Terms or otherwise shall operate to transfer the ownership
of the Intellectual Property Rights in the Program or the content of the
Program to you or to any other person.
(2) You may not at any time copy, reproduce, publish in any form, share,
sell, dispose of or otherwise make available to a third party in any way any of
the content or materials contained in the Program.
(3) We grant to you a limited, non-exclusive, non-transferable, non-sub
licensable revocable licence to use all or any of the content of the Program for
the purposes for which the Program were provided only.
(4) You may not use any of our intellectual property rights at any time
except where duly licensed. Use of our logo is strictly prohibited without our
prior written consent
(5) We may from time to time record the Program being delivered during
your attendance. You authorize us to use your image and voice in any such
recordings without payment, other condition
or need for further consent.
(6) You acknowledge that certain information contained in the Program
and Program materials is already in the public
domain.
(7) You are not permitted to sell or promote products or services to other
participants in the Program at or during any part of our Program without
our prior written permission.
(8) The provisions of this Section E shall survive termination of the
Contract
OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
We offer no professional legal, medical, psychological or financial advice. By purchasing any product and/or services of Shawna L Wells Ltd. you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
We do not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and in no way is our content a promise to or guarantee of future earnings. When addressing financial matters in any manner on our website and/or membership and/or social media site(s) or any other affiliated content, we’ve taken every effort to ensure that we have accurately represented our programs and their ability to improve your life.
We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through us. The information contained in or made available through our sites (including but not limited to information contained on videos, social media, message boards, comments, phone calls, in emails, in text files, or in chats) cannot replace or be a substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of our content, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.