Video Class Terms of Use
Got it 💗 here’s your exact same text with only the word “guide” swapped out for “video” — no grammar or phrasing changes anywhere else:
Thank you for purchasing VIDEO CLASS (“video”). All sales are final for this video. 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 Video for which these terms appear ("Video”), you (“Customer”) agree to be provided with Video by GEMMA CAMPBELL ("Coach") in their capacity as as creator of Video, and you are executing a legally binding agreement with the Coach, subject to the following terms and conditions:
INTRODUCTION
GEMMA CAMPBELL (“Coach”) is a Coach & Healer that provides women, queer folk and womb holders with digital videos and other educational and personal development materials. Coach has created Video Class ("Video") 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 Video is a digital video that includes period and mood trackers, note taking pages and several pages of educational written content.
TERM & TERMINATION
Term - These Terms of Service do not expire as Customer has lifetime access to Video.
DISCLAIMERS
The Coach is a Dietitian and Nutritionist who specialises in Menstrual Cycle Education and management of PMDD, PMS and PME. Coach also holds a Graduate Diploma in Sexology. The Coach is not a medical doctor, certified life coach, nurse, social worker, physiotherapist/physical therapist, occupational therapist, psychologist, psychiatrist, personal menstrual cycle coach/video, mental healthcare provider, clinical hypnotherapist, personal dietitian, clinical sexologist, certified sex coach, psychosexual therapist, sex therapist, one-on-one coach, mental health nurse, certified personal trainer or fitness instructor, counsellor, certified dance instructor, certified EFT Tapping coach/therapist, certified breathwork instructor or other agent of Client’s business. Customer understands that the Video is created to help Customer learn new skills and assist Customer with finding his/her/their own direction. The Video 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 Video 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 Video, 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 Video, 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 Video. Customer agrees that use of this Video 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 Video services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.
Customer also understands that the Video 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 Video.
This Video 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 Video. Customer also acknowledges that the Coach cannot and does not guarantee that implementation of the Video 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.
COURSE SPECIFICS
The Video includes six modules, which include pre-recorded videos and audios and workbooks. The Video also includes access to a private Facebook group where Customer can connect with other people who have done/are doing Video.
Coach reserves the right to substitute services equal to or comparable to the value of Video if reasonably required by the prevailing circumstances as determined exclusively by Coach.
This Video 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 Video if reasonably required by the prevailing circumstances as determined by Coach. Access to this Video is currently through a third-party platform, Thinkific Labs Inc. (“Thinkific”). Coach is not liable for any limitation of access to the Video caused by Thinkific.
CUSTOMER’S RESPONSIBILITIES
The Video has been developed for educational purposes only. The Coach has established its proprietary Video 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 Video. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Video. 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 Video.
Nevertheless, Customer acknowledges that he/she/they can optimise their potential results from the Video by adhering to the following:
Completion of all Video 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;
Taking 100% responsibility for Customer’s results, 100% of the time.
PAYMENT & FEES
(a) Upon execution of these Terms of Use, Customer agrees to pay to the Coach the full purchase amount for the Video, 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 Video 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 Video.
(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 Video, 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 Video. 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 Video is revoked.
REFUND POLICY
All sales are final for this video. Due to the inherent nature of digital educational videos and the electronic transmission of the same, there are no refunds.
NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
Confidential Information & Non-Disclosure - Coach takes pride in its proprietary information included in each Video. As such, Customer agrees and acknowledges all Confidential Information shared through this Video 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 Video 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 Video, to refrain from making any statements, whether oral or in writing, that negatively impact Coach’s video, business, services, Videos, or reputation.
INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Video and the related content shall be considered intellectual property owned by Coach. Other examples of intellectual property owned by Coach and within Coach’s Videos include, but are not limited to: trademarks, service marks, layout, logos, business names, video/video/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Videos (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 Video 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 Videos or parts of the Video 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 Video 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.
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 Video, 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 Video.
Access to this Video is currently through a third-party platform, Thinkific Coach is not liable for any limitation of access to the Video caused by Thinkific
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 Video shall not exceed the total cost of the Video.
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 Video checkout page and by rendering first payment.