Terms of Use of Megnificent Creative Consulting
Please read these Terms of Use carefully before using this Website.
Terms of Use Consent
By clicking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Meg O’Gara acting on behalf of Megnificent Creative Consulting thereinafter the (“Coach”, “Company”, “we”, “us,” and “our”) 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 coaching, consulting, education and/or seminar (the “Program”).
(B) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(C) Parties agree that the Program is in the nature of coaching and education.
(D) The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein.
(E) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
Term
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the DRIVE Coaching.
- The scope of services rendered by the Coach pursuant to this Agreement shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program.
- Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for [his/her] own success and implementation of objectives met.
- Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s Doctor, Therapist or Physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
- Coach reserves the right at any time to change the platform in which the Program is administered, or to change any parts of the programs, and will notify Client as such.
Methodology
Client agrees to be open minded to Coach’s coaching methods and partake in methods proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
Medical Disclaimer
By participating in this Program, Client acknowledges that Coach is not a medical doctor or psychologist. Client acknowledges that the Coach is not medically qualified, is not a substitute for advice from a qualified doctor, does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Coach’s advice.
By participating in sessions, the Client acknowledges that the information provided during sessions is not intended nor implied to be a substitute for medical advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but the Coach does not dispense or prescribe any prescription products. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
Other Disclaimer
Client further acknowledges that Coach is not an employer, agent, lawyer, doctor, manager, therapist, public relations, or business manager, registered dietician, or finance analyst, psychotherapist or accountant. Client further understands that [his/her] participation in any program will not treat or diagnose any disease, illness, or ailment and if Client should experience any such issues, then Client agrees to see a registered physician or other practitioner as determined by your own judgement.
Payment and Refund Policy
(A)Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.
(b)Coach does not offer refunds to ensure that clients are fully committed to the coaching. If an unforeseen circumstance occurs that causes the client to quit the program, Coach may decide to partially refund at her discretion.
(c)In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls or sessions. In addition, a 3% interest fee will be charged for each day that payment is late for a maximum of 28 days. If Client does not commence with payment after 30 days, Coach has the right to terminate agreement.
Intellectual Property Rights
In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license, express or implied other than those stated in this Agreement. Client may not copy, display, distribute, modify, reproduce, or transmit Coach’s documents or any portions of this site without prior written consent from Coach.
Request for Permission to Use Content
Any request for written permission to use any Content of Coach, or any other intellectual property or property belonging to us, should be made before you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to hello@megnificentcreative.com.
Information You Provide to Us
Client agrees that any information provided to us through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use however we see fit. Please do not provide us with information you do not want us to use.
Electronic Communications and Electronic Signatures
Client agrees to be bound by any affirmation, assent, or agreement Client transmits through this Website, including but not limited to any consent you give to receive communications from Megnificent Creative Consulting solely through electronic transmission. Client agrees that when in the future you click on an “I agree,” “I consent,” “buy now”, or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Disclaimer of Warranties
The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
Website Disclaimer
Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
Warranties Disclaimer
While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. Magnificent Creative Consulting assumes no liability or responsibility or any errors or omissions in the content on our website.
WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Indemnification
Client agrees to defend, indemnify and hold Megnificent Creative Consulting harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arises from or related to your failure to comply with these Terms of Use. Neither Megnificent Creative Consulting nor any other party involved in creating, producing, or delivering our website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.
Limitation of Liability
Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk. Client agree we will not be held responsible or liable in any way for the information, products or materials that Client request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
Client agrees that in no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and Client hereby releases us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Choice of Law and Jurisdiction
Our website is controlled and operated by Megnificent Creative Consulting from its location in the United Kingdom. This Agreement shall be construed in accordance with the laws of the United Kingdom without regard to any conflict of law provisions. Any dispute arising under this Terms of Use shall be resolved exclusively by the state or federal courts sitting in The United Kingdom.
Term and Termination
We reserve the right to terminate at our discretion Client’s right to the program and provide you with a refund for any part of the program not completed that otherwise had not been paid for in advance. Without limiting its other remedies, we also reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our site at any time in our sole discretion. In the event of cancellation or termination, you will no longer be authorized to access the part of the Website or Content affected by such cancellation or termination.
By purchasing these products and using this Website, you the Client agrees to all parts of the above Terms of Use. If you have any questions about these Terms of Use, please send an email to hello@megnificentcreative.com , or contact us at:
Meg O’Gara
Unit 3, Gteic@Cill Chartaigh
Ballymoon
Kilcar
Co.Donegal
Ireland
