DIANA TULA t/as GOLD HEARTS COACHING
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Diana Tula (“Coach”), acting on behalf of Diana Tula t/as Gold Hearts Coaching (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services related to private and/or group consulting, life coaching, and/or social media consulting (“Services”).
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Services.
(c) Coach reserves the right to substitute services equal to or comparable to the Services for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for her/his/their own success and implementation of objectives met.
2. 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.
(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
3. DISCLAIMERS. By participating in the Services Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or 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. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
4. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Services 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 other than those stated in this Agreement.
5. 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.
6. LIMITATION OF LIABILITY. By using Diana Tula services and purchasing this Services, 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 Services. Client agrees that use of this Services is at user’s own risk.
7. NON-DISPARAGEMENT. The Parties agree that they shall not engage in any conduct or communications with a third party, public or private, designed to disparage the other. Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Coach or Coach’s Company, Services its employees, or agents.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Canadian Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Toronto, Ontario or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, regardless of the conflict of laws principles thereof.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.