Terms and conditions

ENROLLMENT AGREEMENT

By clicking “I Agree,” sending electronically your statement of agreement, providing or entering your credit card information, or by signing this agreement on this page, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Nadia Ani and the business entity known as Killing Cupid (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

SERVICES

(A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of consulting, coaching, and/or through conference or meetings (the “Program”).

(B) The terms of this Agreement are binding for any further services or goods supplied by Company to Client.

(D) The scope of the services rendered by Company according to this contract shall be solely limited to those contained in this contract and provided for on Company’s website as part of the Program.

(E) Company reserves the right to substitute equal or comparable Program services when deemed necessary or are reasonably required due to dominating circumstances.

FEES

(A) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise agreed upon between Company and Client, and agreed upon payment plan.

(B) Payments are due at the time of services rendered, with the exception of payment plans agreed upon between Company and Client.

(D) Failure to pay agreed fees may result in the withholding of sessions and/or the termination of the Client-Coach relationship.

REFUNDS

(A) Upon acceptance and execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.

(B) Client will not be entitled to a refund if client cancels attendance at or participation in program for any reason whatsoever.

(C) If Company is unable to render services or a portion of the Program as agreed upon and suitable rescheduling is not available, a refund of the non-rendered portion only of the Program will be made to client.

(D) FOR RESIDENTS OF THE EUROPEAN UNION

Consumers residing in the European Union have a statutory right to cancel their purchase within 14 calendar days from the conclusion of the contract (cooling-off period). However, if the consumer explicitly agrees to the service beginning within this period, acknowledging that they lose their right of cancellation once the service has started, the right to withdraw is limited to the portion of services not yet performed. Therefore, no refunds will be given for services already performed after commencement, and any refund will only cover the unused portion of the services.

CHARGEBACKS AND PAYMENT SECURITY

To the extent that Company is provided with credit card(s) information by the Client for payment on Client’s account, the Company will be authorized to charge any unpaid charges on the dates agreed upon to Client’s credit card(s)
If Client uses a multiple-payment plan to make payments to Company, no prior authorization shall be required to make all charges at the time they are due. Client shall not cancel the credit card(s) which are provided as security or make any chargebacks to Company’s account without Company’s prior written consent.
Client shall not change any of the credit card(s) information provided to the company without notification in advance. Should any chargebacks be incurred, the Client is solely responsible for any fees associated with recouping payments on chargebacks as well as any associated collection fees.

NO RESALE OF SERVICES PERMITTED

(A) Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.

(B) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

NO TRANSFER OF INTELLECTUAL PROPERTY

(A) Program, as well as other copyrighted, original materials are property of the Company and will be provided to the Client with a single-user, non-transferable, revocable license. Program, as well as other copyrighted, original materials are for his/her individual use only.

(B) Client agrees that he/she will not use or reproduce any of the Company’s intellectual property for Client’s business or personal purposes. This includes reproduction of Company’s copyrighted and original materials.

(C) Client is not authorized to distribute, copy, share, or otherwise circulate or publish any materials received electronically or otherwise from Company without prior written consent by the Company.

(D) Company’s copyrighted course materials and all intellectual property are and shall remain the sole property of the Company.

(E)Enrollment or payment of fees does not imply or grant license to the Client to sell, distribute, or circulate in any form the Company’s materials.

LIMITATION OF LIABILITY

(A) The Client agrees that the Company, its owners, employees, contractors, affiliates, and agents shall not be liable for any damages, losses, or causes of action of any kind arising out of or relating to the Client’s use of the Program or services, whether direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to emotional distress, loss of profits, or business interruption.

(B) The Client recognizes that Program is an educational/coaching service only and is not a substitute for professional medical, mental health, legal, or financial advice. The Company makes no guarantees regarding results or outcomes from the services.

(D) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

(I) The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and

(II) $1000.

All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited. (F) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.

(G) Client agrees that he/she uses Company’s services at Client’s own risk.

DISCLAIMER OF GUARANTEE

(A) Client accepts and agrees that she/he is solely and entirely responsible for her/his progress and results from the Program.

(B) Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement.

(C) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

(D) Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

(E) Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

COURSE RULES

(A) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

(B) Client agrees to abide by any Course rules and/or regulations presented by Company.

(C) The failure to abide by Course rules and regulations shall be considered a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

(D) In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

USE OF COURSE MATERIALS

(A) Client consents to recordings being made of courses and the Program.

(B) Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

(C) Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

NO SUBSTITUTE OF MEDICAL TREATMENT

Client agrees to be mindful of his/her own health, mental health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
Client understands and acknowledges that Client must be of sound mind prior to beginning the Program or the provision of services.

(C) Company does not provide, and does not hold itself out as to represent itself as providing, medical, therapy, or psychotherapy services. Services are not mental health services and if such intervention is required Client agrees to seek appropriate treatment.

(D) Company may not be held responsible for any decisions made by Client as a result of the coaching, Program, and any consequences thereof.

TERMINATION

(A) All payments due hereunder shall be immediately due and payable in the event that Client is in arrears of payment or otherwise in default of this Agreement.

(B) Company shall be allowed to terminate this Agreement without providing further services to Client and to immediately collect all sums due from Client.

(C) Client shall not be permitted to use or receive any of Company’s services or to participate in any Program in the event that Client is in arrears of payments to Company.

CONFIDENTIALITY

(A) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(B) Company agrees not to disclose, reveal or make use of any Confidential Information of Client without the written consent of Client during discussion with Client, the coaching session with Company, or otherwise.

(C) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

(D) Boundaries of confidentiality do not extend to situations where the Client is violating the law, plans to, or has caused harm to another individual, or situations whereby retention of this knowledge would cause harm to the Company, Coach, or another person. Company may break confidentiality in the event that Company is subpoenaed, or whereby it is necessary to defend itself, it’s affiliates, employees or related entities from unjustified and/or defamatory accusations or expressed opinions.

DISPUTES

(A) The Company and Client agree and accept that they will negotiate in good faith to settle disputes in the event that a dispute arises between the Parties. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

(B) The parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other in the event of a dispute between parties.

INDEMNIFICATION

(A) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

(B) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(C) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

CHOICE OF LAW

(A) This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law.

(B) The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in State of New York, Albany County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest.

ENTIRE AGREEMENT

(A) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

(B) This Agreement may be modified only by an instrument in writing duly executed by both parties.

SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

OTHER TERMS

(A) Upon execution by purchasing, clicking "I agree", filing an electronic signature, or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.

(B) A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

Killing Cupid