Welcome to https://nikkihorsford.com (our Site ).
This Site gives you an opportunity to browse and purchase products and services offered by NICOLE HORSFORD and NIKKI HORSFORD ~ MENTOR (ABN 77 397 419 705), and The Authentic Woman Self Healers Circle (we, us ).
These Terms and Conditions (Terms ) govern your use of this Site, as well as Nikki Horsford ~ Mentor products and services, and form a binding contractual agreement between you and us.nikki@nikkihorsford.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Nikki Horsford ~ Mentor, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at
GENERAL DISCLAIMER
3. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific person or diagnosis. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Nikki Horsford ~ Mentor provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
5. We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
6. Our content and services may ask you to outline your goals, needs and identify ways that you could improve your mental health and emotional needs. This can be confronting and may be difficult to discuss. Some lessons may bring up difficult feelings and emotions and this is a normal part of the process. If you are concerned about how you are feeling at any time during your journey, you can email us at nikki@nikkihorsford.com. It is also recommended, and it is important, that you continue accessing other psychological support services as recommended by your referring medical professional, in order to help you work through difficult feelings which may arise.
7. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to you specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.
8. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
9. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.
10. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and conditions and privacy policy available on our website.
REGISTERING YOUR DETAILS
11. Before you purchase our products and/or services, you must register an account with us.
12. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
13. We may at any time request a form of identification to verify your identity.
14. If you are a registered user or member to this Site, you acknowledge and agree that:
You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password );
You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
You will immediately notify us if your Password is lost or becomes known to any other person;
You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
Any information you provide to us for posting or inclusion in our Nikki Horsford Mentor Community, at any time, becomes our property.
15. To the extent that you provide personal information, Nikki Horsford Mentor will treat such information strictly in accordance with its Privacy Policy .
16. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
17. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
YOUR OBLIGATIONS
18. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Nikki Horsford ~ Mentor Community ) or events in which you may post comments, photos, messages or other material (Your Content ). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Nikki Horsford ~ Mentor Community any of the following:
Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Information that includes personal or identifying information about another person without that person’s consent.
Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
Any information or content that impersonates any person or entity.
Any material, non-public information about companies without authorisation to do so.
Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
19. By posting or otherwise publishing Your Content on our Site or Nikki Horsford ~ Mentor Community, you:
Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
Warrant that you have the right to grant the above licences;
Warrant that Your Content does not breach these Terms; and
Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
20. We reserve the right (but have no obligation) to:
Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
21. Our Site and Nikki Horsford ~ Mentor Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
22. Whilst using this Site and/or our Nikki Horsford ~ Mentor Community, we ask that you not:
contact anyone who has asked not to be contacted.
collect personal data about other users for commercial or unlawful purposes.
infringe other user’s privacy rights.
violate the intellectual property of others.
post anything that contains software viruses, worms or any other harmful code; or
use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
23. Please see our Nikki Horsford ~ Mentor Community Guidelines in the appendix to these Terms for more information.
CONFIDENTIALITY
24. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information ) and by using our products and/or services, you agree to respect the same rights of the other Nikki Horsford ~ Mentor product and/or services participants (Participants ) and representatives of Nikki Horsford Mentor.
25. You agree:
That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
26. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADE MARK NOTICES
27. All material on this Site, in our Nikki Horsford ~ Mentor Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content ), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
28. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
29. Nikki Horsford ~ Mentor, and The Authentic Woman Self Healers Circle all pending trademarks owned and licensed exclusively by Nikki Horsford ~ Mentor (ABN 77 397 419 705).
30. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Nikki Horsford ~ Mentor. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Nikki Horsford ~ Mentor, in any manner that is likely to cause confusion with customers, or in any manner that disparages Nikki Horsford ~ Mentor.
31. Nothing contained on this Site or in our Nikki Horsford ~ Mentor Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
32. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Nikki Horsford ~ Mentor will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
33. We reserve the right to suspend or terminate your use of the Site, the Nikki Horsford ~ Mentor Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
34. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Nikki Horsford ~ Mentor Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law , as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
FINANCIAL TERMS
35. The cost, cancellation and refund, if any, details of our products and services are set out below:
Product or Service Recommended Retail Price (in AUD dollars) Duration Cancellation Refund
Learn to Heal Yourself Online Program $2499
10 weeks
N/A
No refund if access has been granted. Partial refund if no access given.
Emotional Consciousness Program Online Program $27
Self Paced
N/A
No Refund
Rejuvenate Retreat Women’s Circle $111
In Person
N/A
Subject to approval
Breath & Bath Breathwork and Ice Bath $20
In Person
N/A
No Refund, Ticket Transfer Available
Yoni Steaming Stools $222
N/A
N/A
No Refund
1:1 Private Mentorship Varied
(3, 6 and 12 month personal mentorship)
N/A
No Refund
SHE ~ Self Healing Essentials Program 12 months access), $597 for the first 12mth, then membership price.
Self paced online program – 12 months access
30 days written notice required to cancel
No Refund
SHE Membership ~ The Self Healers Membership $60/week
(monthly membership to access online resources),
Min commitment 10 weeks, 30 days written notice required to cancel
No Refund
36. If you qualify to receive a complimentary private consult with Nikki Horsford ~ Mentor in the first 30 days after purchasing 1:1 Private Mentorship or SHE, attend your consult and then request a refund, you will be required to pay the $250 AUD rate for your consult with Nikki. This amount will be removed from your refund return.
37. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Nikki Horsford Mentor team.
38. Invoices for any Nikki Horsford ~ Mentor program are automatically generated and can be requested at any time by emailing nikki@nikkihorsford.com
39. Some of our payments are operated through an online and automated billing system (Online Payment ). Where your payments are made via Online Payment:
You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
40. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
41. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
42. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
43. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
44. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
45. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
46. From time to time, Nikki Horsford ~ Mentor may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
IN PERSON EVENTS
47. For the purpose of the paragraphs below, Rejuvenate Retreat (Women’s circle – in person, Breath & Bath (Breathwork and Ice Bath session – in person), other presentations and retreats hosted by Nikki Horsford ~ Mentor will be referred to as ‘In Person Events’.
48. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
49. Nikki Horsford ~ Mentor reserves the right to exclude you from any In Person Events should you, in Nikki Horsford ~ Mentor’s sole determination, become disruptive.
50. You understand and acknowledge that Nikki Horsford ~ Mentor and/or its representatives may record any aspect of an In Person Events (Recordings ). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Nikki Horsford ~ Mentor.
51. You hereby waive any and all legal rights you may have against Nikki Horsford ~ Mentor in respect of Recordings of your participation in the event and grant to Nikki Horsford ~ Mentor the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
52. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
53. You hereby release, discharge and agree to hold harmless Nikki Horsford ~ Mentor from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
54. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
55. In the unlikely event that Nikki Horsford ~ Mentor cancels an Event, you will receive a full refund of the purchase price paid for the In Person Events. Nikki Horsford ~ Mentor will not reimburse any optional expenses including but not limited to flights and accommodation.
56. In Person Events payments may be paid in one payment, charged to your nominated credit card. Retreat tickets are non-refundable and a commitment to a payment plan is in place until the full payment is successfully completed. Retreat tickets are transferable via written notice to nikki@nikkihorsford.com at least 14 days before the retreat date. The date of retreat tickets can be moved to a future retreat with 14 days written notice to nikki@nikkihorsford.com before the original retreat date however future schedules cannot be confirmed and may be a number of months from the original date. There is a 10% change fee of the total retreat ticket that applies for changing the retreat date.
57. Payments made by credit card will be automatically processed on the monthly due date. If the credit card bounces for any reason, attempts to charge will be made in the following days/weeks. If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency at your cost.
58. At our discretion, the Nikki Horsford ~ Mentor team may hand-pick a client to move from the 3 day retreat program in to a more personalised one-on-one program that is conducted via Skype and custom-builds. Skype training and interactive sessions take place over a two week period (rather than 3 days) to ensure maximum results and customisation of the program. Details on the program will be notified in writing and your acceptance will be confirmed before the program is transferred from the 3 day group retreat to the more intimate one-on-one personal program. No additional costs will be required for this change of program roll-out.
59. In Person Events tickets are not refundable but are transferrable via written notice to nikki@nikkihorsford.com up to 48 hours prior to the event. Pre-Prep Packs will not be able to be sent out to the new attendee and it is the responsibility of the transferee to brief the new attendee of the day’s preparation.
60. No-shows to the In Person Events will be charged the $39 after the event regardless of the lack of attendance to cover the expenses invested to reserve their seat.
61. VIP tickets for the post In Person Events cost an additional $97 per person. The VIP tickets are non-refundable but can be transferred to another Female up to 48 hours prior to the event.
LIABILITY IS LIMITED
62. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law .
63. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Nikki Horsford ~ Mentor Community or Our Content.
64. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Nikki Horsford ~ Mentor Community or Our Content.
65. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Accessing websites or servers maintained by other organisations through links on our Site, Nikki Horsford ~ Mentor
The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
66. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Nikki Horsford ~ Mentor Community or through use of our products or services.
AFFILIATE DISCLOSURE
67. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Nikki Horsford ~ Mentor Community.
NO ASSIGNMENT
68. You cannot transfer or assign your Nikki Horsford ~ Mentor membership without Nikki Horsford ~ Mentor’s prior written consent.
69. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
DISPUTE RESOLUTION
70. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party ) in writing of the nature of the dispute.
71. In the case of claims against us, all notices are to be provided to nikki@nikkihorsford.com .
72. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
73. Once a mediator is appointed, the parties agree that:
The costs of the mediator shall be borne equally between the disputing parties.
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
74. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
75. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
76. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
77. This clause survives termination of these Terms.
APPLICABLE LAW
78. These Terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland, Australia, to determine any matter or dispute which arises between us.
YOUR FEEDBACK
79. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
80. If you have questions or comments regarding this Site, or Nikki Horsford ~ Mentor products or services, please email us at Nikki@nikkihorsford.com
YONI STEAMING/SACRED STOOLS
81. Stools are designed for intended use only. They are not designed or built to be used as a step, standing surface, prop, or table. They are not designed or built to be stood on, rocked on, or dropped onto.
82. We cannot guarantee the longevity or performance of the stool if it is used outside of its intended purpose. The intended purpose of the stool is to support 1 woman at a time, in a regular sitting fashion, while steaming or resting.
83. Camphor Laurel is a soft wood which means scuffing, scrapes, marks and slightly textured surface are inevitable from regular use. We prefer to think of marks and scratches as experience marks of the stool. If you find ware marks unsightly, we recommend performing a light sanding by hand with 300-600grit sandpaper. After sanding use a damp cloth to remove any dust. Then apply oil/wax mixture supplied in your take home pack.
84. We recommend storing your stools indoors at all times. Nikki Horsford Mentor does not offer a collapsible stool as we are focused on a higher quality more supportive stool. The stool can make a great display piece, used as a plant holder, or simply tucked away when not in use.
COMPANY DETAILS
Trading Name: Nikki Horsford ~ MentorABN: 77 397 419 705Country: AustraliaTelephone Number: 0404 126 233Email:
APPENDIX
COMMUNITY GUIDELINES
Australian females at any level of personal growth are welcome here. The only exclusion is when a person is experiencing a severe personality disorder and/or is at risk of harm to self or others. We have community members of all skill and experience levels, from females beginning their personal growth journey to females who have been developing their personal growth for many years.
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
Australian females of all levels of personal development are welcome here.
Keep it respectful
No pitching to the group
No gated content
Respect confidentiality Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
Keep it on topic
Partnering with other members endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
Report posts that are breaking group policies
Breaking the rules reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.
YOUR OBLIGATION
1. During the provision of the Services you must:
give your full attention to the Services during this time;
complete all activities required by us promptly;
be respectful to our staff and other participants of the Program;
keep us informed of any medical health or personal circumstances that may interfere with the Services;
be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and
honour the relationship between you and us, by being direct, truthful and open so we can work together.
2. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.
CONFIDENTIALITY
3. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other participants in the Program (Participants) and the rights of Nikki Horsford Mentor and its representatives.
4. You agree:
that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
not to disclose such information to any other person or use it in any manner other than in discussion with Participants;
that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us;
that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
5. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
6. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent.
COPYRIGHT
7. All material delivered by us to you in the Program including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.
8. While you may access, browse or print Our Content for non-commercial or personal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorised by us.
9. The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
10. Modification of Our Content for any other purpose is also a violation of our copyright, trade marks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
11. You acknowledge that you do not acquire any ownership rights by using Our Content.
12. The Content of this Program is centred around developing self-awareness, processing emotions, positive emotional experience, emotional support, changing unhealthy behaviour patterns, challenging negative thoughts, challenging negative beliefs and guidance for healthy decision making. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.
13. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
14. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
15. You agree that damages may be an inadequate remedy to a breach of this Agreement and acknowledge that we will be entitled to seek injunctive relief against you if such steps are necessary to prevent violations of our intellectual property rights.
16. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to Nikki Horsford Mentor and extends to such use without restriction or limitation as to time or geographic boundary.
17. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Nikki Horsford ~ Mentor for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by Nikki Horsford Mentor.
18. You understand that Nikki Horsford ~ Mentor owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
RIGHT TO SUSPEND & TERMINATE
19. We reserve the right to suspend or terminate this Agreement, or our Services generally, without refund or forgiveness of payments if you become disruptive to us or Participants, you fail to follow the Program guidelines, you are difficult to work with, you impair the participation of the other Participants in the Program or you breach any terms of this Agreement, as determined by us in our sole discretion.
NO REFUNDS OR CANCELLATIONS
20. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Products or Services, including where you have been given access to Our Content whether accessed by you or not.
21. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.
LIABILITY IS LIMITED
22. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
23. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.
24. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.
25. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
accessing websites or servers maintained by other organisations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
26. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our Services.
AFFILIATE DISCLOSURE
27. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.
NO ASSIGNMENT
28. You cannot transfer or assign this Agreement without our prior written consent.
29. We may assign or transfer our obligations under this Agreement at any time, subject to giving you one (1) weeks prior notice in writing.
DISPUTE RESOLUTION
30. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party ) in writing of the nature of the dispute.
31. In the case of claims against us, all notices are to be provided to us in writing.
32. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
33. Once a mediator is appointed, the parties agree that:
the costs of the mediator shall be borne equally between the disputing parties;
the chosen mediator shall determine the procedures for mediation; and
the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
34. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
35. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
36. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
37. This clause survives termination of this Agreement.
APPLICABLE LAW
38. This Agreement shall be construed in accordance with and governed by the laws of the State of Queensland, Australia. You consent to the non-exclusive jurisdiction of the courts in Queensland, Australia, to determine any matter or dispute which arises between us.
YOUR FEEDBACK
39. We welcome enquiries or feedback on the Program. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
40. If you have questions or comments on our Services, please contact us.
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