REFUNDS GRIEVANCES POLICY
Soma Mystica TERMS OF PURCHASE.
BY PURCHASING THIS PROGRAM YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
1. Program - Service
Soma Mystica (herein referred to as “Company”) agrees to provide services of Soma Mystica. Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Customer understands Company and its subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants. Customer understands their participation in this Program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Customer understands that the Program is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that Customer is fully responsible for their mental wellbeing during the Program, including their dietary, mental and physical choices and decisions during the Program. Customer agrees to seek medical advice as determined by their own judgment before starting this or any other Program or discontinuing use of any medications as prescribed by their medical practitioner. Customer understands Customer is fully responsible for any and all adverse reactions, including but not limited to, emotional or physical reactions to the content in the Program. Customer understands that all suggestions offered by Company are solely for the purpose of aiding Customer in achieving Customer’s defined goals. Customer has the ability to give their informed consent, and does hereby give such consent to Company to assist in achieving such goals. Additionally, the services are offered on an "as is," "where is," and "where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program. Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way are dependent on any information Company provides to Customer. Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, including financial loss, property damage, or bodily injury caused by use of the Program. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Program.
3. The Commitment Period
The Commitment Period is the dates that the training has been scheduled for and paid for by the participant.
Customer understands all benefits shall expire at the end of the Commitment Period, and will not be carried-over. All of Customer’s benefits must be used during the Commitment Period.
PLEASE SEE PRICING on Our Website.
All payment options (paid in full and payment plans) are displayed on the website.
If the customer misses more than one (1) payment for a training program, Customer’s access to the Program shall be suspended until payments are up-to-date. Customer is still liable for the total cost of the Program.
The customer understands that once the deposit has been paid for the program, they are committing to paying for the full program. There are no refunds available at any stage of the program, including on the deposit put down on the training.
5. Method of Payment
Customer shall pay by stripe via the website platform or if paying in full, can request to pay via direct bank deposit or paypal. If the Customer elects to pay by monthly instalments via the website platform, Customer authorizes the Company to charge Customer’s credit card each month.
6. Refund Policy
Customer understands that no refunds are offered at any time during the Program and there are no refunds on deposits made towards the Program.
If there is an extreme personal emergency or natural disaster that would directly affect the Customers ability to participate in the Program, they may send an email to Company at email@example.com with all relevant and necessary information on their situation. Customer understands that all emergency-related refunds are discretionary. If Customer experiences a family crisis, illness, or pregnancy during Commitment Term, Customer may email Company to request a freeze in the Program. A freeze in the Program would pause payments and further access to course material and calls, resuming again one (1) year from the freeze date. Customer will continue to be responsible for payments and course completion once the freeze is lifted. Customer understands all freezes in the Program are at the sole discretion of the Company.
7. Communication with Company
For questions regarding scheduling or the Program, please email: firstname.lastname@example.org as it is the exclusive Customer Service email address. Company will respond to Customer Service emails within 2 working business days. Emails received on national holidays, company vacation days stated in the Program calendar, or on a weekend will receive a response within the following two (2) working business days.
The Company respects Customer’s privacy and insists that Customer respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise. Customer agrees not to use such confidential information in any manner other than in discussion with the Company during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence within the Company and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
9. Non-Disclosure of Materials
Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is strictly prohibited.
10. No Transfer of Intellectual Property
Company’s Program is copyrighted and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is authorized to use the training materials as a teacher and graduate of the Program with Customer’s clients in class and workshop formats. However, Customer is not allowed to use any of the Company’s intellectual property, methodology or training to certify or train other coaches or teachers of any kind. All intellectual property, including Company’s copyrighted program and/or course materials, trademarks, service marks, and trade names shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. If Customer submits Program graduation materials in stated timeline (Section 5) and is approved by Company, Customer may indicate they are a certified graduate of the Program. Company is not legally responsible for Customer’s business or legal endeavors or for Customer’s clients or Customer’s client’s experience. Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to revoke Customer’s graduate certificate and/or injunctive relief to prohibit any such violations and to protect against the harm of such violations.
11. Customer Responsibility
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Program or that Customer will graduate and receive certification from the Program.
12. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including, without limitation, acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation of Liability.
Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors,contractors and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this Program. Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
Company is committed to providing all customers in the Program with a positive Program experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program without refund or forgiveness of monthly payments if Customer becomes disruptive to Company or Program, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount. Furthermore, Company reserves the right to pause Customers participation in the Program if Company deems Customer unable to safely and effectively continue in the learning environment, until such a time when Customer is physically and emotionally able to resume the Program.
Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the Australian Centre for International Commercial Arbirtration (ACICA). All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
G) Equitable Relief.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by email to: email@example.com
I) Entire Agreement.
This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. BY PURCHASING THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.