TABLE OF CONTENTS
1 INTRODUCTION
Welcome to www.charmaineshaw.com (the “Website”) which is run and managed by Charmaine V Shaw, a lifestyle, health, mindset, menopause, and transformational coach (“Charmaine Shaw”, “I”, “we” or “us”). I provide and empower women with educational resources, tools, classes, and workshops, programs, talks, and coaching, consulting, and mentoring services (the “Services”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”).
These Terms and Conditions, our Privacy Policy, and other additional terms we make available on the Website from time to time or communicated to you directly (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Website and the Services. You cannot use the Website or the Services without being bound by the Terms, and hence, if you disagree, kindly refrain from using the Website and the Services.
PLEASE READ THE TERMS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
If you have any questions regarding the Terms, please do not hesitate to contact us at: [email protected]
2 SERVICES AND SUPPORT
2.1 Charmaine Shaw’s services are offered and advertised through the Website hosted on http://charmaineshaw.com/ or any other web domain managed by us. Charmaine Shaw may also provide services directly using video conferencing tools or in-person sessions.
2.2 Modern browser is required in order to use the Services. Additionally, a stable connection to the Internet is required.
2.3 The Services are designed purely for your educational, informative, and personal use.
3 BOOKING SERVICES
3.1 In order to use the Services of Charmaine Shaw, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process including the payments;
3. agree to the Terms including our Privacy Policy;
4. not be a lifestyle, health, mindset, menopause, and transformational coach;
5. not be a direct competitor of Charmaine Shaw or provide any service that is in direct competition of Charmaine Shaw; and
6. provide true, complete, and up to date legal and contact information.
3.2 By using Services of Charmaine Shaw, you represent and warrant that you meet all the requirements listed above, and that you will not use Services in a way that violates any laws or regulations. Charmaine Shaw may refuse service and change eligibility requirements at any time.
4 TERM
4.1 The Term begins as soon as you access Charmaine Shaw and continues as long as you use the Service.
5 SERVICES FEES AND DIGITAL PRODUCTS
5.1 We provide both free and paid Services. Free services are provided on trial basis. You are eligible for one free consultation session. We may provide other free services and digital products from time to time.
5.2 All charges for the paid services are posted on the Website unless different charges are agreed between you and Charmaine Shaw (“Charges”). You agree to pay for paid services according to these Terms.
5.3 Paid service must be paid 100% in advance and at the time you are ordering a paid service unless agreed differently between you and Charmaine Shaw.
5.4 The digital products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
5.5 We use third-party vendors such as PayPal for processing and collection of payments. We reserve the right, however, to change prices at any time without notice to you.
5.6 We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
6 CANCELLATIONS AND REFUNDS
6.1 Refunds for Digital Products.
Digital products sold via the Website are non-refundable and shall not be resold. Once purchased, you will get immediate access to the digital product, hence it is not possible to issue refunds. We may honor a refund request only if due to a technical fault, the digital product is not delivered or the delivered digital product is inaccessible. In such cases, a request has to be made within 24 hours and we reserve the right to either replace such digital product or to issue full or partial refund. You are not entitled to a refund under any other circumstances.
6.2 Cancellation for Services.
The following cancellation and refund policy applies to 1-on-1 sessions (coaching, advising, mentoring, consulting), group classes, live webinars, and general consultation services. These can be provided remotely (online) or in person.
| Type of Service | Mode of Delivery | Time of Cancellation | Refund Amount | |
|---|---|---|---|---|
| 1-on-1 Sessions | In person | More than 3 days before the scheduled consulting session.
Less than 3 days before the scheduled session |
Full refund OR reschedule the session at no extra cost. Session can be rescheduled free of cost only once. Further rescheduling may incur cost.
No refund and/or no reschedule. |
|
| 1-on-1 Sessions | Remotely | More than 48 hours before the scheduled consulting session.
Less than 48 hours before the scheduled session. |
Full refund OR reschedule the session at no extra cost. Session can be rescheduled free of cost only once. Further rescheduling may incur cost.
No refund and/or no reschedule. |
|
| Group Sessions |
|
More than 7 days before the scheduled session.
Less than 7 days before the scheduled session. |
Full refund OR reschedule the session at no extra cost. Session can be rescheduled free of cost only once. Further rescheduling may incur cost.
Partial refund prorated for the number of unused sessions. An unused session means a session that has not been utilized by you and is not scheduled within the next 48 hours from the time when you are making the cancellation request. |
|
| Group Sessions | Remotely | More than 5 days before the scheduled session.
Less than 5 days before the scheduled session. |
Full refund OR reschedule the session at no extra cost. Session can be rescheduled free of cost only once. Further rescheduling may incur cost.
Partial refund prorated for the number of unused sessions. An unused session means a session that has not been utilized by you and is not scheduled within the next 48 hours from the time when you are making the cancellation request. |
6.3 Cancellations by us.
Notwithstanding anything stated in the Terms, Charmaine Shaw reserves the right to reschedule any service in its sole discretion. If the service is rescheduled under this provision, Charmaine Shaw will use her best efforts to reschedule such services to a mutually acceptable date and time. Charmaine Shaw reserves the right to cancel and terminate the provision of any service in her sole discretion, due to unforeseen and irreparable circumstances including but not limited to illness or unavailability of key personnel, inappropriate behavior by the client, actual or potential conflict of interest. If the service is cancelled and terminated under this provision, Charmaine Shaw will, if possible, give advance notice to the client, and refund any payments made by the client for Sessions not yet provided by Charmaine Shaw.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 The Services and Website contains Intellectual Property of Charmaine Shaw in the form of website content, graphics, videos, audios, text, and any other digital content (“Website Content”). This is an Agreement for the Services, and you are not granted a license to any Website Content under this Agreement. Except to the extent that applicable laws prevent Charmaine Shaw from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.
7.2 You acknowledge and agree that the Services, the Charmaine Shaw names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of the Charmaine Shaw or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Charmaine Shaw or by other parties that have licensed their material to Charmaine Shaw. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Charmaine Shaw. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Charmaine Shaw or its third-party suppliers, as the case may be.
7.3 You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
7.4 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Services (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Services to you and other users of the Services. All rights in and to the Content not expressly granted to us in this Agreement are reserved by you.
7.5 You acknowledge and agree that any comments, ideas and/or reports provided to Charmaine Shaw (“Feedback”) shall be the property of Charmaine Shaw and you hereby irrevocably transfer and assign to Charmaine Shaw such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
8 PRIVACY POLICY
8.1 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Charmaine Shaw. Charmaine Shaw may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
8.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
9 LIMITATION OF LIABILITY
9.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
10 DISCLAIMERS
10.1 General Purpose Information. The information contained on the Website or any advice provided to you through the Services or through any digital product has been prepared or conveyed by Charmaine Shaw are for general guidance only. Charmaine Shaw, her representatives, and her employees are not physicians, doctors, dietician, nutritionist and therefore such information or advice does not constitute medical advice. Members are advised to contact qualified professionals directly for advice concerning specific matters before making any decision. Charmaine Shaw shall not be held responsible for any damage or loss suffered by the Members due to their failure to avail professional medical advice before following any information or advice provided by Charmaine Shaw.
10.2 Not Medical Advice. The information published on the Website is not a substitute for professional medical advice and is not intended to be used for the diagnosis or treatment of any medical condition. Never ignore professional medical advice in seeking treatment because of something you have read on this Website. Never delay in seeking professional medical advice because of something you have read on this Website.
10.3 Personal Disclaimer. You understand that Charmaine Shaw is a Health Coach and not a doctor. The role of the Coach is not to provide health care, medical; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. If you are under the care of a health care professional or currently uses prescription medications, you should discuss any dietary or lifestyle changes with your doctor before starting a coaching program.
10.4 Not HIPAA Compliant. You understand and agree that you shall never render to the Services any personal identifiable health information that would be categorized as Protected Health Information (“PHI”), as classified under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”), and as regulated under similar state laws, or any Content that breaches any professional code of ethics. If you do render any PHI to the Services in violation of these Terms, you understand and admit that you are solely liable for the repercussions of the aforesaid violation, and shall indemnify a shall indemnify, defend, and hold harmless us, our staff and each of our contractors and our contractors’ employees, subcontractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to such violation.
10.5 Not FDA Evaluated. The information contained on the Website or any advice provided to you through the Services or through any digital product has been prepared or conveyed by Charmaine Shaw are not evaluated by the FDA. The information is intended for educational purposes only and is not meant to substitute for medical care or to prescribe treatment for any specific health condition.
10.6 No Warranties on Referrals. Charmaine Shaw may advise and/or recommend certain third-party service providers if it is of the opinion that such third-party service providers will help you in achieving set goals. In such case, Charmaine Shaw will provide you and discuss with you, reasons behind such recommendation, however, the final decision to follow the recommendation of Charmaine Shaw rests with you and Charmaine Shaw does not accept any liability for the outcome of any decisions or recommendations which you may decide to implement.
10.7 Member’s Own Responsibility. Charmaine Shaw will seek to enable Members to set and achieve goals that will help to bring about desired outcomes for the Members. The Member has sole responsibility for any decisions they may make following any advice, suggestion or recommendation made by Charmaine Shaw. Charmaine Shaw accepts no liability for the Member’s actions. Charmaine Shaw has no liability for any loss incurred by any Member, whether financial, medical, or otherwise, following commencement of Services, or for any perceived failure by the Member, whether justified or otherwise, to achieve their desired outcomes or goals.
10.8 No Guarantees. The information is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness, or timeliness and without any warranties of any kind whatsoever, express, or implied. Any reliance you place on such information is therefore strictly at your own risk. In no event Charmaine V Shaw shall be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from your reliance on the information published on this Website.
10.9 Members’ Feedback. Testimonials, reviews, feedback, and experiences of other Members is posted on the Website for illustrative purpose only. The testimonials, reviews, feedback, and photos used are true and belong to legitimate Members who have described their actual experience without any undue influence. Such testimonials, reviews or feedbacks are not intended to represent or guarantee that current or future Members will achieve the same or similar results; rather, it represents that it is possible to achieve desired goals.
11 NO WARRANTIES
11.1 To the maximum extent permitted by law, we provide the material, suggestion, advice, or recommendation published on the Website and/or through the Service “as-is”. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Members are responsible to conduct their own due diligence before taking any action based on the material, suggestion, advice, or recommendation published on the Website and/or through the Service.
11.2 From time to time down-time, either scheduled or unscheduled, may occur. Charmaine Shaw will work within reason to ensure this amount of down-time is limited. Charmaine Shaw will not be held liable for the consequences of any down-time.
11.3 Charmaine Shaw cannot guarantee that Website Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Charmaine Shaw entirely of all responsibility for any consequences of its use.
12 INDEMNITY
You agree to indemnify and hold Charmaine Shaw and her entire team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
13 AFFILIATE DISCLOSURE
We have always believed in transparency on the internet and so we are disclosing that we have included certain products and links to those products on the Website that will earn us an affiliate commission for any purchases you make. Please understand that we are a for-profit business and, honestly, so should you with your website unless you have some charitable endeavor in mind.
The Website has grown so big at this point that it is nearly impossible to list each and every product that we have an affiliate agreement with. Given this, you should assume that any links leading you to products or services are affiliate links that we will receive compensation. We only promote those products or services that we have investigated and truly feel deliver value to you.
We are also a participant in the Amazon Services LLC Affiliate Program, an affiliate advertising program designed to provide means for sites to earn advertising fees by advertising and linking to Amazon.com.
Please note that we have not been given any free products, services, or anything else by these companies in exchange for mentioning them on the Website. The only consideration is in the form of affiliate commissions.
14 ASSIGNMENTS
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15 CHOICE OF LAW
Laws of the state of California will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in California, and each party will be subject to the jurisdiction of those courts.
16 FORCE MAJEURE
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
17 SURVIVABILITY
Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
18 SEVERABILITY
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
19 INTERPRETATION
The headers are provided only to make this agreement easier to read and understand.
20 AMENDMENTS AND WAIVER
Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
21 NOTICES
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at [email protected] or any addresses as we may later post on the Website.
22 ENTIRE AGREEMENT
These Terms, our Privacy Policy, and any Additional Terms you have agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.
Contact Us
If you have any questions contact us at: [email protected]