PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ENGAGING THE SERVICES OF KELLY DURIE AND/OR MAKING PAYMENT FOR SERVICES

Program/Service

Kelly Durie agrees to provide the courses, programs, products and services as identified in the online commerce shopping cart. As a condition of your purpose, you agree to be bound by and to abide by all policies and procedures as set out in this Agreement, including those incorporated within by reference.

Courses

Clients who purchase Online Courses will be provided with a password protected program area that will provide access to video, audio and written lessons, templates, worksheets, checklists and other training and support information or materials. You shall have access to the Course area for as long as the course exists. In the event that Kelly Durie intends to close the course, they will provide clients with 30 days notice and the ability to download the core resources contained within the course.

Disclaimer

The Client understands that Kelly Durie is not an employee, agent, lawyer, manager, financial advisor or accountant. The Client understands that Kelly Durie has not promised, shall not be obligated to and will not: 1) procure or attempt to procure employment or business or sales for the Client; 2) Perform any business management functions including but not limited to, accounting and/or tax advice; 3) act as a therapist providing psychological counselling or behavioral therapy. The Client understands that a relationship does not exist between the parties after the conclusion of this program. If the parties continue their relationship, a separate agreement will be entered into.

Payment of Fees

All fees & charges are subject to applicable taxes.

Navigation/Mentoring/Consulting Service Payments

All consulting fees must be paid upfront using the provided payment portal.

In the event that a Client chooses a bulk purchase of sessions to be eligible for the discount and decides to cancel, any sessions that have already been undertaken will be charged at the full hourly charge for a standard consult and the remainder of the money will be reimbursed.

Courses & Programs

In the event that a Client chooses to purchase access to a course, the full amount of the course fees are payable prior to receiving access to the customer course portal. As the course materials are all made available to the Client upon first login, Course Fees are not returnable under any circumstances. All sales of courses and programs are final and all payments are non-refundable.

Membership

In the event that a Client signs up for the Monthly Membership/Subscription to the Members area, they agree that the membership fees can be taken on the same day of every month.

A Client is able to cancel their Monthly Membership at any time with 30 days notice and their access will be removed from the members area.

Confidentiality

We respect the privacy of our clients and will not disclose any information You provide except as set forth in this Agreement and the Privacy Policy. As a condition of participating in the Course/Program and on our Social Media sites, you hereby agree to respect the privacy of other program participants and to respect our confidential information.

Client Responsibility

You shall not share any information provided by other course/program participates outside the bounds of the course/program unless you receive express written permission from such other participant to share the information. Similarly, the content of the course/program contains Kelly Durie's proprietary methods, processes, forms, templates and other information. You hereby agree not to share the information provided to you in the course/program with anyone other than Kelly Durie, her employees, and other participants.

Intellectual Property

'Intellectual Property' which includes information relating to Kelly Durie's Programs and Services, including but not limited to proprietary ideas, written content, graphic content, production data, technical data, automation data, technical concepts, test data and test results, marketing concepts, sales results, the status and details of the development of products and services, and information regarding clients and patents, copyrights and trade secrets remains the sole property of Kelly Durie.

Clients do not have any right to reproduce in part or in whole any Intellectual Property for gift, resale or license to any third party. Clients will not use any of the Intellectual Property for their own business venture. Clients will not teach, discuss or reveal any of Kelly Durie's Intellectual Property in part or in whole without the expressed written permission of Kelly Durie.

Your participation in courses or programs as delivered by Kelly Durie does not result in a transfer of any intellectual property to You, and, as a condition of participation in the course or program you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable licence to access and use the course/program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the course/program.

You hereby agree that any infringement of Kelly Durie's intellectual property shall result in an immediate termination of the licence granted hereunder. To be clear, if you violate Kelly Durie's intellectual property rights, your access to the Course/Program will be terminated immediately and you shall not be entitled to a refund or any portion of the fees.

Force Majeure

Kelly Durie and/or her employees will not be liable or responsible to You, nor deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extend such failure or delay is caused by or result from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, government actions, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), telecommunication breakdown or power outage.

Suitability

Kelly Durie and/or her employees, contractors and suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained with the courses, programs or on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. Kelly Durie and/or her employees, contractors and suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Kelly Durie, and/or her employees, contractors and suppliers by liable for any direct, indirect, punitive, incidental, special. consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the course/program, with the delay or inability to use the course/program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the program, or otherwise arising out of the use of the program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Kelly Durie or any of their suppliers has been advised of the possibility of damages. Because some regions or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. If you are dissatisfied with the course/program or any portion of it, your sole and exclusive remedy is to discontinue accessing the course/program/materials.

Assignment

The Clients must not assign this agreement to another party without express written consent from Kelly Durie.

Modification

Kelly Durie may modify terms of this agreement at any time. All modifications will be posted on the kellydurie.com website and purchases will be notified directly via email.

Termination

Kelly Durie reserves the right to terminate your access to the courses/ program/ materials/ membership sites and other related services or any portion thereof at any time if you become disruptive to Kelly or other program participant, if you fail to follow the terms and conditions, guidelines and policies, or if you otherwise violate this agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.

Complaints

Kelly Durie offers a complaints handling procedure which we will use to try to resolve disputes when they first arise, with ah solution that is mutually agreeable to both the client and Kelly Durie. Please let us know if you have any complaints or comments at hello@kellydurie.com

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such as unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Websites, constitute the entire agreement between Kelly Durie and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

By using our Websites you are agreeing to all parts of the above disclaimer. If you have any questions about this disclaimer please contact us on hello@kellydurie.com

Last Updated: 15 April 2024