Michelle Business Acceleration Coach
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Michelle Business Coach, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your michellebusinesscoach.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Michelle Business Coach may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Michelle Business Coach liability. You must immediately notify Michelle Business Coach of any unauthorized uses of your blog, your account or any other breaches of security. Michelle Business Coach will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Michelle Business Coach or otherwise.
By submitting Content to Michelle Business Coach for inclusion on your Website, you grant Michelle Business Coach a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Michelle Business Coach will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Michelle Business Coach has the right (though not the obligation) to, in Michelle Business Coach sole discretion (i) refuse or remove any content that, in Michelle Business Coach reasonable opinion, violates any Michelle Business Coach policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Michelle Business Coach sole discretion. Michelle Business Coach will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Michelle Business Coach the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Michelle Business Coach before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Michelle Business Coach in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Michelle Business Coach the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Michelle Business Coach reserves the right to change the payment terms and fees upon five (5) days prior written notice to you. Services can be canceled by you at anytime on five (5) days written notice to Michelle Business Coach.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Michelle Business Coach to respond within three business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free michellebusinesscoach.com services. All support will be provided in accordance with Michelle Business Coach standard services practices, procedures and policies.
- Responsibility of Website Visitors. Michelle Business Coach has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Michelle Business Coach does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Michelle Business Coach disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which michellebusinesscoach.com links, and that link to michellebusinesscoach.com. Michelle Business Coach does not have any control over those non-Michelle Business Coach websites and webpages, and is not responsible for their contents or their use. By linking to a non-Michelle Business Coach website or webpage, Michelle Business Coach does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Michelle Business Coach disclaims any responsibility for any harm resulting from your use of non-Michelle Business Coach websites and webpages.
- Copyright Infringement and DMCA Policy. As Michelle Business Coach asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by michellebusinesscoach.com violates your copyright, you are encouraged to notify Michelle Business Coach in accordance with Michelle Business Coach Digital Millennium Copyright Act ("DMCA") Policy. Michelle Business Coach will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Michelle Business Coach will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Michelle Business Coach or others. In the case of such termination, Michelle Business Coach will have no obligation to provide a refund of any amounts previously paid to Michelle Business Coach.
- Intellectual Property. This Agreement does not transfer from Michelle Business Coach to you any Michelle Business Coach or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Michelle Business Coach. Michelle Business Coach, michellebusinesscoach.com, the michellebusinesscoach.com logo, and all other trademarks, service marks, graphics and logos used in connection with michellebusinesscoach.com, or the Website are trademarks or registered trademarks of Michelle Business Coach or Michelle Business Coach licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Michelle Business Coach or third-party trademarks.
- Advertisements. Michelle Business Coach reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Michelle Business Coach reserves the right to display attribution links such as 'Blog at michellebusinesscoach.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Michelle Business Coach reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Michelle Business Coach may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Michelle Business Coach may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your michellebusinesscoach.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Michelle Business Coach if you materially breach this Agreement and fail to cure such
five (5) days from Michelle Business Coach notice to you thereof;
provided that, Michelle Business Coach can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Michelle Business Coach and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Michelle Business Coach nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Michelle Business Coach, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Michelle Business Coach under this agreement during the twelve (12) month period prior to the cause of action. Michelle Business Coach shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Michelle Business Coach, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Michelle Business Coach and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Michelle Business Coach, or by the posting by Michelle Business Coach of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Auckland, New Zealand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Auckland, North Island. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Puhoi, Auckland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Michelle Business Coach may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
1. Supplier identification
www.michellebusinesscoach.com is a site operated by Michelle Clarke. We are a registered company in New Zealand, Empowerment Empires Ltd. under company number 6014267, with our registered office and main trading address at 462 Ahuroa Road, Puhoi, New Zealand.
Michelle Business Acceleration Coach will only collect information from you that is required to fulfill your order and communicate with you effectively. Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfillment. This information is stored securely through WooCommerce, no hard copies are kept, and information will not be distributed to third parties without your permission unless we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s. If you are concerned about your data, you have the right to request access to personal data which we may hold about you by contacting the Director at email@example.com. If you feel a breach in privacy has occurred please contact the Privacy Officer by phoning 0272372757 and we will respond within 5 working days, if you are not satisfied with this outcome then you may contact the Privacy Commission in New Zealand. If you sign up to our newsletter we may use your email address to send you information about products or services. You can opt out of these at any point and you can ask for personal data to stop being recorded at any time. Michelle Business Acceleration Coach complies with the Copyright Act 1994 and Amendments up to 2011 and the Privacy Act 1993 and Amendments up to 2019.
3. Product information
Products must only be used for the purpose for which they are intended. It is important to note that coaching provided is Transformational Coaching and is not counselling nor mentoring. If you are experiencing emotional issues or suffering from past traumas you must seek professional advice. Michelle Business Acceleration Coach attempts to be as accurate as possible with product descriptions, however we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Michelle Business Acceleration Coach is not as described, your sole remedy is to liaise with directly to find a resolution.
4. Returns and refunds
Once a course or package has purchased there are no refunds permitted.
All communication must be received via email to firstname.lastname@example.org, we will respond to all communication within 5 working days via return email. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Amazon Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Purchases and payments
All prices are listed in New Zealand Dollars and include GST. Prices are subject to change without notice. We accept payment by Direct Deposit into our Bank Account or via the website using Stripe. If you are under 18, you may only purchase products with involvement of a parent or guardian.