Healing Spectrum And More LLC (“Organization,” “we,” “us,” “our,” “Company”), located at 10300 49th St N, Suite 303-B, Clearwater, FL 33762, is a company that specializes in providing educational programs and products related to spirituality, self empowerment, meditation, personal growth, health and fitness products to the public.
We provide access to information through our website and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the “Services”). The Site and Services are made available to you, (herein the “User”), subject to the following terms and conditions (the “Terms”).
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR INFORMATION, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 16 YEARS OLD, YOU HAVE PERMISSION FROM YOUR LEGAL GUARDIAN TO VIEW THE SITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE INFORMATION, AND IF YOU SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
I. Access To Our Site
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
II. Restrictions On Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Information to any third-party. You may use the Site only for personal purposes, such as to use the site to learn more about our company, its services, or potential employment.
You agree not to solicit Organization or approach Organization about any investments. You further agree not to combine or integrate the Site and the Information with hardware, software or other technology or materials. You may not modify or create any derivative product based on the Site and the Information. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Information is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Information shall be subject to these Terms. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. Accordingly, you agree not to use the Site to:
(a) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
(b)violate any local, state, national or international law;
(c) stalk, harass or harm another individual;
(d) collect or store personal data about other users;
(e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or use another user’s account without permission
(f) steal or disclose any proprietary and confidential information obtained;
(g) provide false or inaccurate information when registering an account
(h) interfere or attempt to interfere with the proper functioning of the Service;
(i) interfere with or disrupt the Information or servers or networks connected to the Information, or disobey any requirements, procedures, policies or regulations of networks connected to the Information. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Information (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
(j) publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
(k) co-brand this site. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
III. User Content
A. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Information (e.g., content about user, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Organization. Because you alone are responsible for your User Content (and not Organization), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Organization is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
B. POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
a. You will not post information that is malicious, false or inaccurate;
b. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
c. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
C. ACCEPTABLE USE POLICY
The following sets forth Organization’s “Acceptable Use Policy”: You agree not to use the Site or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of Organization, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Organization.
The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
Organization respects the intellectual property of others and asks that users of our Site and Information do the same. In connection with our Site and Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Information who are repeat infringers of intellectual property rights, including copyrights. User agrees to the following:
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers the Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at Zoelock Security:
• The date of your notification;
• A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
• Your physical or electronic signature;
• A description of the content that has been removed and the location at which the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the laws of Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware that you will leave our Company’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms and Conditions of any sites you link to from our Company’s site.
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.
VIII. Child Safety
Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.
If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.
VIV. Downloading Material
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
X. Disclaimer, Limitation on Liability, and Indemnity
By using any of the Company’s products, you, the Buyer and User, automatically agree that you have thoroughly read this disclaimer and agree to it. Although the products are intended for spiritual purposes only, there is no guarantee that it will necessarily do so at your desired results. Nor will it necessarily treat, cure, or provide any guaranteed self-improvement. In accordance with the latest FTC guidelines, we want to make it explicitly clear that the customer testimonials we have received are based on the unique experiences and circumstances of a few people only. We cannot promise that you will experience similar benefits from using our product. The generally expected performance of our products and programs in regards to any specific disease has not been scientifically validated and we cannot and will not make any promises in regards to any miracle cures. As such, always consult a qualified medical professional before beginning any program such as this. Any information in regards to the content of this website is for instructive purposes only; it is not to be considered a replacement for medical advice, nor is it intended to replace consultation with a qualified medical professional. Always consult your physiotherapist or a qualified medical physician before performing any physical activity regarding the use of any of the products or with any questions you may have. Do not disregard professional medical advice.
B. Limited Warranties
THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND INFORMATION RELATED TO THE FOREGOING, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR INFORMATION, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR INFORMATION; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR INFORMATION.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR INFORMATION PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR INFORMATION AND FROM THE OUTPUT OF THE SITE OR INFORMATION.
C. Waiver of Liability
USE OF OUR INFORMATION, THE SITE, AND/OR THE PRODUCTS AND OUR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE INFORMATION, THE SITE, OR THE INFORMATION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. ACCORDINGLY, USE OF THIS SITE MEANS THAT YOU TO AGREE TO WAIVE ANY LIABILITY TOWARD THE SITE OWNER OR ITS AGENTS.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR ORGAZATION, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.
By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
XII. Miscellaneous Matters
A. Modifications to Terms
We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Site and reading any more of the Information. Continued use of the Site or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
B. Modifications to Information.
We reserve the right to modify the Site and/or Information at any time without notice. If you object to any changes to the Site or Information, your sole recourse will be to cease using the Site and Information. Continued use of the Site or Information following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the Site and/or Information at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Information.
C. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Information. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Organization’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
D. Governing Jurisdiction and Attorney Fees
This Agreement shall be governed in all respects by the laws of State of Florida. Each of the parties irrevocably consents to the exclusive personal jurisdiction mentioned above, as applicable, for any matter arising out of or relating to this Agreement. If a proceeding is commenced to resolve any dispute that arises between the parties with respect to the matters covered by this Agreement, the prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees and out of pocket costs incurred in connection with such proceeding, in addition to any other relief to which such prevailing party may be entitled.
If any part or parts of these Terms and Conditions are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms and Conditions shall continue in full force and effect.
F. Contact Information
Healing Spectrum and More LLC
10300 49th St N, Suite 303-B Clearwater, FL 33762
Coaching Disclaimer and Coaching Terms and Conditions
In the spirit of good practice, when you are purchasing coaching services from me, I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.
All coaching services and communication, email or otherwise, delivered by myself, Annindita Palaus, (hereby referred to as the “Coach” ) as well as information on this website (AnninditaPalaus.com) are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. As I see it coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
The term ‘coaching’ as here used covers life coaching, personal coaching, executive coaching and business coaching for clients.
Annindita is continually striving to ensure the standard of service she provides to its clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.
I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counselor or a medical professional.
For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed “ by any US body even though the sessions may take place in the USA.
I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.
I understand that to the extent our work together involves career or business, my Coach is not promising outcomes, including but not limited to increased clientele, profitability and or business success.
I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement is limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit-action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
TERMS AND CONDITIONS
The coaching schedule will be arranged between Annindita and the client and can be booked up to 3 months in advance. Annindita will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
The number and frequency of coaching session will be agreed at the start of coaching between Annindita and the client, and confirmed by Annindita by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis.
In return for the fees payable by the client (or by a third party on their behalf), Annindita agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Annindita to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
FORMAT AND SCHEDULING OF SESSIONS
All Coaching Sessions are scheduled in advance by direct agreement between you and Annindita. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible for informing Annindita and cancelling your appointment at least 48 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling via phone or contact (and receive reply) via email. Annindita is responsible for ensuring that she is available for consultation at agreed times.
The length of each session is as agreed between Annindita and the client before coaching sessions commence.
In accordance with Annindita’s current per session fee or fee for a series of sessions, or any other such fee as shall be agreed and notified to the client. Annindita 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.
DATES AND TIMES OF SESSIONS
The date and time of the first session and any subsequent session will be agreed between Annindita and the client by phone or email and confirmed by Annindita by email.
Sessions can only be rearranged/rescheduled in accordance with the section in these terms and conditions headed “Rearranging/Rescheduling Sessions”.
Fees can be paid online by debit or credit card using the Paypal payments systems, by standing order, by bank transfer, or by cheque made out to Annindita Palaus and sent to Healing Spectrum and More LLC ,10300 49th St N, Suite 303-B Clearwater, FL 33762. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested.
Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice). Where payment has not been received by Annindita in advance of a coaching session Annindita is not obliged to provide the session.
Where payment is required upon receipt of invoice rather than in advance, a charge may be levied for late payment.
Annindita may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
The client may contact Annindita by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Annindita will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Annindita may need to rearrange a coaching session. In those instances she will also give the client 48 hours notice where practical.
Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited unless the client informs Annindita in advance and Annindita decides to make an exception and extend the duration.
Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Annindita can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Annindita where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Annindita will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Annindita has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
VARIATION OF TERMS AND CONDITIONS
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Annindita and the client and confirmed by Annindita in writing by email. In other cases, Annindita may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Annindita.
This contract is governed by the law of the United States whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
Feedback about the service is welcomed and can be given during a coaching session or by writing to Annindita Palaus, at [email protected]
FREE EXTRA TIME
There is no extra charge for brief “catch up calls” between coaching Sessions, whether to discuss an issue or concern or share something great! Annindita provides this free additional service to give you superior value and results.
FREE EMAIL ACCESS
Annindita is available during the week via email to share wins, seek clarity on actions or review minor issues. Again, there is no charge for any of the brief “catch up emails”.
Terms & Conditions
If you wish to cancel the agreement and payments within 5 business days of the date indicated you may do so for a full 100% refund of any monies paid less the cost of any products delivered. This refund is only available if services have not commenced in any way rendering any refund void.
NOTICE OF CANCELLATION
All notice of cancellation must be in writing and delivered by email to [email protected] Cancellation notice will be deemed on the date on which the cancellation is received by Annindita. No refunds, credits or transfers available for no-shows.
TERMS OF COACHING
The Coaching Programs are created and sold as whole packages and cannot be altered or partially completed in any way. If you are enrolled in continuing Coaching for a number of sessions, unused sessions due to quitting the program may not be eligible for refund, credit or transfer.
Is not possible after your program is in progress.
Telephone calls with Annindita during your membership are done either via Skype (preferred) or by phone initiated by Annindita.
If any installment payment should default, the Client will have seven (7) days to rectify the situation. Any scheduled coaching session(s) will be postponed until payment is received within the 7 days, all discounts and bonuses will be forfeited and full payment will apply. If a Client should default on any installment payment, the result may be cancellation from the Program and the Cancellation Policy will apply. An N.S.F. or credit card decline will result in penalty from our payment processing company in cases of payment default.
Annindita reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.
MUTUAL AGREEMENT CANCELLATION
If at any time wither the Client or Coach believe the Coaching Sessions and agreement are no longer serving the needs of the Client they may initiate a discussion to rectify the situation prior to cancelling the Program or Sessions.
All material relating to the Program is subject to copyright and other intellectual property rights. All materials may not be recorded, used or reproduced without the written permission of the owner. Annindita can choose to record the sessions and provide you a copy of the recording if it is deemed fit.
You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions.