PERIOD AND PREMENSTRUAL GUIDE TERMS OF SERVICE

 

Thank you for purchasing PERIOD AND PREMENSTRUAL GUIDE (“Guide”). All sales are final for this guide. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Guide for which these terms appear ("Guide," “Guide,” and/or “Guide”), you (“Customer” and/or “Customer”) agree to be provided with Guides, guides, or services by GEMMA CAMPBELL ("Coach") in their capacity as as creator of Guide, and you are executing a legally binding agreement with the Coach, subject to the following terms and conditions: 

1. INTRODUCTION

 GEM CAMPBELL NUTRITION AND SEXOLOGY (“Coach”) is a Coach that provides women and womb holders with online guides and other educational materials. Coach has created Period and Premenstrual Guide ("Guide") to educate Customer on how to unpack and heal period shame, live in sync with their menstrual cycle and honour their bodies natural cyclical rhythms. The Guide is a digital guide that includes period and mood trackers, note taking pages and several pages of educational written content. 

2. TERM & TERMINATION

 Term - These Terms of Service do not expire as Customer has lifetime access to Guide. 

3. DISCLAIMERS

The Coach is not an not a doctor, nurse, physiotherapist, occupational therapist, psychiatrist, psychologist, therapist, certified personal trainer or fitness instructor, state licensed mental healthcare provider, hypnotherapist, sex therapist, employee, manager, counsellor, certified menstrual cycle coach/educator, certified dance instructor, certified EFT Tapping coach/therapist, certified breathwork instructor, or other agent of Customer. Customer understands that the Guide is created to help Customer learn new skills and assist Customer with finding his/her/their own direction. The Guide may offer guidance regarding menstrual cycle, but it is the responsibility of the Customer to make the final decision and choose the best option for his/herself/themselves.

Customer understands that the Guide has been designed by Coach for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of practices to support Customer in connecting with menstrual cycle. Through the Guide, the Coach might provide guidance regarding menstrual cycle, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself/themself. By using Coach’s services and purchasing this Guide, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Coach will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Guide. Customer agrees that use of this Guide is at user’s own risk.

Customer hereby acknowledges that menstrual cycle and sex coaching are subjective services and Coach’s methods to provide this service may change in terms of style and/or technique. Coach and/or Coach may use its personal judgment to provide the Guide services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions. 

Customer also understands that the Guide is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Coach is not “diagnosing” or “treating” the physical body or the mind, which falls under the jurisdiction and expertise of licensed medical health and mental health care providers. Customer also understands that “healing” as it relates to energy work is different as it relates to medical or physical needs. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Coach. From time to time, it is possible that energy/emotions that are relieved or moved during sessions may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Guide. 

This Guide does not include: 1) individualised advice and feedback; 2) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 3) individual sex and menstrual cycle coaching; 4) question and answer sessions.

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Guide. Customer also acknowledges that the Coach cannot and does not guarantee that implementation of the Guide will provide Customer with healing of any chronic illness/disease/conditions or that it will improve  Customer’s relationship with menstrual cycle, sexuality and self. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Coach from any liability regarding said decision.  

4. COURSE SPECIFICS

The Guide includes six modules, which include pre-recorded videos and audios and workbooks. The Guide also includes access to a private Facebook group where Customer can connect with other people who have done/are doing Guide. 

Coach reserves the right to substitute services equal to or comparable to the value of Guide if reasonably required by the prevailing circumstances as determined exclusively by Coach. 

This Guide may be distributed by Coach either directly or through a third-party platform. Coach reserves the right to substitute services equal to or comparable to the value of Guide if reasonably required by the prevailing circumstances as determined by Coach. Access to this Guide is currently through a third-party platform, Thinkific Labs Inc. (“Thinkific”). Coach is not liable for any limitation of access to the Guide caused by Thinkific. 

5. CUSTOMER’S RESPONSIBILITIES

The Guide has been developed for educational purposes only. The Coach has established its proprietary Guide in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Coach does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Guide. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Guide. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Guide.

Nevertheless, Customer acknowledges that he/she can optimise her potential results from the Guide by adhering to the following: 

  • Completion of all Guide material, including activities and journal prompts in workbooks, video content and audio content;

  • Taking notes when listening to audios and watching videos to refer back to;

  • Utilisation of the Guide’s private Facebook Group;

  • Taking 100% responsibility for Customer’s results, 100% of the time.

6. PAYMENT & FEES

(a) Upon execution of these Terms of Use, Customer agrees to pay to the Coach the full purchase amount for the Guide, regardless of what payment option Customer selects at checkout. 

(b) If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer. All payments must be paid before the Guide end date, or else Coach reserves the right to send Customer to collections for any outstanding monies due and owed under this Agreement.

(c) Customer authorises Coach to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment. 

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Guide. 

(e) The Customer shall not threaten or make any chargebacks to the Coach’s account or cancel the credit card that is provided as security without the Coach’s prior written consent. Coach reserves the right to collect any and all monies owed by Customer to Coach for the Guide, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Coach reserves the right to report the incident to credit reporting agencies as a delinquent account. 

(f) Late Fees - Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Guide. Customer shall still remain responsible to make all payments due and owing under this Agreement to Coach in the event Customer’s access to the Guide is revoked.

 

7. REFUND POLICY

All sales are final for this guide. Due to the inherent nature of educational guides and the electronic transmission of the same, there are no refunds.

8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT 

Confidential Information & Non-Disclosure - Coach takes pride in its proprietary information included in each Guide. As such, Customer agrees and acknowledges all Confidential Information shared through this Guide and by the Coach is confidential, proprietary, and belongs exclusively to the Coach.

“Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Customer;

  • Any information disclosed in association with this Agreement;

  • Any systems, sequences, processes, or trade secrets in connection with the Guide or Coach’s business practices.

Testimonials - Coach also agrees to protect Customer’s personally identifiable information. However, from time to time, Coach may use general statements about Customer’s success for testimonials as part of Coach’s marketing strategy. By agreeing to these Terms, Customer agrees to Coach sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Coach.

Non-Disparagement - Customer agrees, during and/or after use of Guide, to refrain from making any statements, whether oral or in writing, that negatively impact Coach’s guide, business, services, Guides, or reputation.

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property - This Guide and the related content shall be considered intellectual property owned by Coach. Other examples of intellectual property owned by Coach and  within Coach’s Guides include, but are not limited to: trademarks, service marks, layout, logos, business names, guide/guide/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Guides (collectively referred to as “Intellectual Property”). 

Limited License - Coach grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Guide is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Guides or parts of the Guide without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Coach’s Intellectual Property and proprietary information in the following manner:

  • Teaching Customer’s Customers/customers/audience any of the information, methods, solutions, or formulae owned by Coach and passing it off as Customer’s own;

  • Copying any of Coach’s Guide content and/or material for Customer’s commercial use;

  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent. 

10. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Coach is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of this Guide, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Coach of any claims that may arise after use of this Guide. 

Access to this Guide is currently through a third-party platform, Thinkific Coach is not liable for any limitation of access to the Guide caused by Thinkific

11. MISCELLANEOUS

A.             Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.             Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.             Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D.    All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

E.            Governing Law - Coach is located in Australia and is subject to the applicable laws governing Australia. The governing law for this agreement is the laws of New South Wales.

F.             Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

G.         Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Guide shall not exceed the total cost of the Guide.

H.    Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms of Use” at the Guide checkout page and by rendering first payment.