Smiley Wellness Coaching

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Terms & Conditions

TERMS AND CONDITIONS – SMILEY WELLNESS COACHING

www.smileywellnesscoaching.com

Effective date: July 1, 2019

1. Introduction

Welcome to the Smiley Wellness Coaching website which is located on www.smileywellnesscoaching.com (“Site” or “Website”).

This website is owned and operated by Smiley Wellness Coaching from the United States. Throughout the Site, the terms “we”, “us”, “Smiley Wellness Coaching”, “Company” and“our” refer to Smiley Wellness Coaching, L.L.C. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you (“Client”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, Clients, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.

2. General Information

· What we do. Smiley Wellness CoachingL.L.C. is a health and wellness coaching business in the USA focusing on helping clients worldwide to become autonomous experts in their own professional and personal paths and careers. Our coaching sessions help improve their overall well-being and help them discover their own strengths and values. Please note that coaching is not psychological counseling or any type of therapy, and should not be construed as such. “Health/wellness coaching is not intended to diagnose, treat, prevent or cure any disease or condition. It is not intended to be a substitute for professional medical advice, treatment and/or diagnosis that can be provided by your physician, therapist, licensed dietician or nutritionist, or any other health care professional. Trained health and wellness coaches may not make any medical diagnoses, claims and/or substitute for your physicians’ care. Trained health and wellness coaches are not medical health practitioners or mental health providers and are not holding themselves out to be in any capacity. As your health/wellness coach I do not provide health care, medical or nutrition therapy services, a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician(s). Rather, it is my role to serve as a coach, mentor, and guide to collaborate with you to provide ongoing support and accountability to help you meet and maintain your health and wellness goal(s).”

To find out more information about Smiley Wellness Coaching services, please refer to our website.

· Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice.

3. Responsibility

For any coaching session, advice, or information Smiley Wellness Coaching provides, the client has sole responsibility for any decisions they may make following coaching with Smiley Wellness Coaching. Remarkable results can be achieved where clients follow a clear plan in a committed way. Smiley Wellness Coaching accepts no liability for the client’s actions and offers no guarantees for a result. Smiley Wellness Coaching has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions or based on any advice or documentation given by Smiley Wellness Coaching either in the Smiley Wellness Coaching site, at an event or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in the quality of life or to achieve their desired outcomes or goals.

4. Eligibility

The purchase of our services is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

By purchasing any service, you expressly authorize us to perform credit checks and where Smiley Wellness Coaching feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Smiley Wellness Coaching reserves the right to restrict multiple quantities of an item being shipped to any one Client or postal address.

5. Coaching Package

Smiley Wellness Coaching offers various types of Coaching sessions packages clients within the United States and globally. There are different levels of coaching sessions that a client may purchase. Health and Wellness Coaching sessions take place either in person at our company’s office or remotely via phone/video using the platform that best suits the client.

6. Payment

All Clients are required to pay for the services in advance, including the coaching session packages, according to the payment method stated by Smiley Wellness Coaching. Following the current per session fee or fee for a program of sessions, or any other such fee as shall be agreed and notified to the client. We will confirm the fees in writing, usually by email, unless this is impractical. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.

7. Pricing Policy

All prices are in US Dollars and are exclusive of taxes.

8. Permitted use

You agree to use the Site and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

Access any of the Services by any means other than through the interface that is provided by Smiley Wellness Coaching;
Gain unauthorized access to Smiley Wellness Coaching’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Smiley Wellness Coaching’s networks, and computer systems;
Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Smiley Wellness Coaching in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

9. Discount Codes

We may provide promotional codes offering a discount on our services. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

10. Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

11. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Smiley Wellness Coaching is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Smiley Wellness Coaching. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Smiley Wellness Coaching immediately of any breach of security or unauthorised use of your account. Smiley Wellness Coaching cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

12. Refunds and Cancellations

The Client may terminate their coaching contract at any time in writing. No refunds will be due, however. Any services that have yet to be provided at the time of cancellation will, therefore, be deemed as having been provided. To avail refund for a canceled session, the Client may be eligible to get a refund if the cancellation is made within 5 days starting from the date of purchase. The client may receive a prorated refund minus the cost of any used sessions plus a $50USD cancellation fee. Smiley Wellness Coaching may refuse a refund/cancellation request if suspects a suspicious/fraudulent behavior of the Client.

13. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at fadi.smiley@smileywellnesscoaching.com

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

14. Digital Millennium Copyright Act (DMCA)

Smiley Wellness Coaching expects all users to respect the intellectual property rights of others. Smiley Wellness Coaching may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at fadi.smiley@smileywellnesscoaching.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Smiley Wellness Coaching to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

15. Monitoring Activity

SMILEY WELLNESS COACHING has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. SMILEY WELLNESS COACHING has no obligation to display or post any content. SMILEY WELLNESS COACHING, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. SMILEY WELLNESS COACHING shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by SMILEY WELLNESS COACHING or any other party.

16. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMILEY WELLNESS COACHING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

17. Limitation of Liability

You agree that in no event shall Smiley Wellness Coaching be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Smiley Wellness Coaching' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

18. Indemnification

You agree to indemnify and hold Smiley Wellness Coaching and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

19. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Ohio, United States and you hereby submit to the exclusive jurisdiction of the Ohio courts.

20. Protecting your Personal and Financial Information

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal and financial information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. The security on the internet is not 100% guaranteed, however we use best efforts to keep it secure for the users. We do not accept liability for unintentional disclosure. We encourage you to use caution when using the Internet. For more information on how we handle information, please refer to our privacy policy.

21. Children

We comply with the requirements of COPPA (Children Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age.

22. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

23. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

24. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

25. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.