KRYSTLE ALFARERO CONSULTING INC.
TERMS OF PURCHASE
THE HUMAN DESIGN ACADEMY’S SELF-PACED READER CERTIFICATION PROGRAM
You (hereinafter: the “Client”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with the Program provided by Krystle Alfarero Consulting Inc., a Company in the Province of Ontario (hereinafter: the “Guide”), and hereby understand that you are entering into a legally binding Agreement with the Guide and are subject to the following terms and conditions:
This Terms of Purchase is to be read in combination with this Website’s Terms and Conditions, Privacy Policy and Disclaimers.
1.1 The intended purpose of this Agreement is to inform the Client of the Terms of their Purchase and any information regarding The Human Design Academy Self-Paced Reader Certification Program, also referred to as THDA Self-Paced Reader Certification Program (hereinafter: the “Program”) and/or any other Digital Products sold on or in connection with the Program on www.thehumandesignacademy.com (hereinafter: the “Website”).
2.1 The term of this Agreement (herein the “Term”) will begin on the Effective Date of the Agreement and shall remain in full force and effect for one [1] year from the date of purchase or as extended subject to Section 10: Certification (hereinafter: the “Termination Date”).
2.2 At the Termination Date all terms and conditions herein shall remain in full force and effect in perpetuity inclusive of Section 12: Limited License and the Client agrees to uphold such obligations and responsibilities.
3.1 It is the Client’s responsibility to review and consume all learning(s) and material(s) provided for by the Guide inside the Program with an open mind and open heart, respectfulness, and create the appropriate time and energy to complete the materials
3.2 If the Client is interested in Certification under the Program, the Client must complete the following:
(i) Submit all integration phases within one [1] year of purchasing the Program;
(ii) Complete three [3] self assessments over the course of the Program without Guide feedback;
(iii) Complete one [1] mandatory reading recording upon completion of the Program as part of the final integration phase with Guide feedback.
- PURCHASE PRICE AND TERMS OF PAYMENT
4.1 The Client understands that unless otherwise specified on the check out page, payment of the purchase price shall be due on the date of purchase and subject to the payment terms outlined therein. The appropriate payment amount will be reflected upon checkout.
4.2 The Client will be liable for all of the payments regardless of (i) whether the Client continues to use the Program or not subject to Section 8: Termination, or (ii) as subject to Section 6: Refund Policy.
5.1 The Client must pay the full amount as indicated on the checkout page at the time of purchasing the Program.
5.2 It is the Client’s responsibility to ensure payments are made on time. If any payments fail, the Client agrees to remedy the situation immediately by updating their payment information, or providing an alternative method of payment. The Client accepts that Program access may be refused if payment has not been made as required by this Agreement, and that the Guide reserves the right to cancel any Program access, and or terminate this Agreement if there is a failure in paying the required fees as outlined herein.
5.3 In the event payments are not made on time, the Client understands that any delay in payments may result in the Guide engaging a Debt Recovery Mercantile Agency or a Solicitor to recover the outstanding amount due and all applicable collection costs.
5.4 The Guide is not responsible for any foreign fees and taxes and will not be held accountable or liable to pay any foreign fees or additional fees that our outside the Guide’s control, including but not limited to transaction fees charged by the Client’s bank, exchange rate(s), VAT or local taxes, etc.
6.1 Due to the nature of the Program, the Guide does not offer any refunds.
6.2 The Client understands, by accepting the payment terms herein, that they voluntarily elected to
enroll in the Program, is energetically available to complete the Program requirements, and financially willing and able to invest in the Program by choice as effected by the purchase of the Program.
6.3 The Client understands that subject to the Refund Policy herein, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results as expected or desired, or experiencing any other similar situations will not, under any circumstance, warrant a refund.
7.1 The Client will have access to the following additional support as part of the Program:
(i) access to the THDA Collective Facebook group;
(ii) access to monthly practice reading coordination.
7.2 The Client accepts that in addition to the Program, they may have further access to the Guide through the Community Facebook Group. The Client understands that the Guide will make reasonable efforts to respond to enquiries within the Community Facebook Group but does not offer any guarantees.
7.3 The Client will have the option to contact the Guide and schedule an additional call to discuss any sensitive and/or confidential information, such call will be subject to an additional fee.
8.1 The Client understands that either the Client or the Guide may terminate this Agreement by seven [7] days written notice subject to Section 6: Refunds. Any such written notice must be sent to: [email protected].
8.2 The Client further understands that the Guide retains the right to and may limit, suspend or terminate the Program without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Guide, Program participants or staff of the Guide, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Guide, (v) is negatively speaking about the Guide and or Program offered by the Guide in public forums without prior consultation with the Guide as outlined herein. The Client accepts that the Guide will provide a formal warning prior to termination.
8.3 The Client accepts that if the Guide were to terminate the Program, for any other reason than those aforementioned, the Guide will award a partial refund that is fair and equitable considering the investment and time left of the Program.
8.4 The Client understands that any money owing to the Guide at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Guide for all Program agreed upon regardless of termination if under the aforementioned circumstances.
- PRIVACY AND CONFIDENTIALITY
9.1 The Guide agrees to respect the Clients confidential and proprietary information, ideas, plans and trade secrets and further agrees to not disclose any information pertaining to the Client, nor the Client’s name, without the Client’s written consent.
9.2 The Client agrees to give the Guide permission to keep a confidential record of the Client’s name, contact information, and any documented notes throughout the Program.
9.3 The Client understands that the Guide and Client relationship does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
9.4 The Client further understands and agrees to respect all THDA Collective Facebook group participant’s confidential and proprietary information and agrees to not to disclose any information pertaining to any participant.
10.1 The Client has the option to become Certified in Human Design (hereinafter: the “Certification”). In order to complete the Certification, the the Client must complete the following mandatory components including but not limited to, (i) the integration phases, (ii) self assessments, (iii) practice readings, and (iv) assessed readings, within one [1] year of purchasing the Program to be successful in retaining The Human Design Academy certification.
10.2 In the event the Client requires more than one [1] year to complete all integration phases to obtain the Certification, the Client may apply with the Guide for an extension of one [1] year. Such extension will provide access to the Program, and the Guide for the purposes of completing all components. . Applications will be subject to a fee of Two Hundred and Fifty Dollars [$250.00] USD to be made at the time of Application. Written application(s) must be sent to: [email protected].
10.3 The Certification program does not require approval under the Private Career Colleges Act of Ontario, and as such is not a formally recognized vocational program. Human Design consultant is a personal service occupation and the Certification provided herein is provided by the Guide and is not affiliated with any third party regulatory body or secondary education program. The Guide is not responsible for the certification laws in the jurisdiction of the Client. It is the sole responsibility of the Client to determine what, if any, other qualifications, certificates, registrations, degrees, diplomas, or other requirements are needed to carry-out the services that they purport to offer during or after completing the program or Certification.
- MEDIA RELEASE AND TESTIMONIALS
11.1 The Client understands that the Guide may want to share parts of the Program and/or results of the program provided for future training(s) and/or marketing purposes. The Guide will not release any confidential or proprietary information, and will consult the Client before use.
11.2 The Client grants permission for the Guide to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Guide may use the photographs, motion pictures, videotapes, recording or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.
11.3 In the event the Client leaves a testimonial, the Client grants full permission for the Guide to use any and all photographs, motion pictures, videotapes, written words, and/or the recording for marketing purposes.
11.4 The Client releases the Guide from all claims by which the Client may have now or in the future for compensation of any kind, arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Program or related activities.
12.1 The Client is granted a limited license to participate, engage, and learn from the Program. As such, the Client is granted a limited license and is considered a Licensee of the Program. The Licensee is provided as lifetime access to the Program portal to download, print and participate in the Program therein. For the purposes of this section, lifetime access shall include access to the program for the duration of the program’s existence on the provided software. The Guide reserves the right to update, alter, modify, exchange and/or limit the access on the Program dashboard. The Guide further reserves the right to terminate the license at any time with or without cause. In such an event, the Guide shall provide the Client with two [2] weeks written notice via email, unless a breach is found subject to Section 13: Intellectual Property in which the Guide may terminate access immediately and without access as outlined in Section 18: Termination.
12.2 Program Updates: Throughout the lifetime of the Program, the Guide may actively update the Program to account for developing information in the industry or feedback from program participants. The Client is automatically granted access to any Program updates.
13.1 Copyright: Under the Copyright Act, all materials created by the Guide and affiliates of the Guide for the purposes of the Program are original works. Any original works produced by the Guide for the Client will remain the intellectual property of the Guide and may not be used in any other form without prior written consent. Such right extends to those with the absence of a registered copyright symbol. The Client is provided with a non-exclusive, non-transferrable single-user license authorizing the Client to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Guide to the Client.
13.2 Non-Exclusive License: The Guide grants a limited, personal, non-exclusive and non-transferable license to the Client to use the intellectual property for the Client’s personal and internal business use. The Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Guide or obtained through working with the Guide, without the Guide’s express written consent. If such behavior is discovered or suspected, the Guide reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund. Upon termination the Client must destroy any downloaded materials in the Client’s possession whether in electronic or printed format. In the event the Guidereceives information that the Client has misappropriated or used any of the Intellectual Property belonging to the Guide, the Guide reserves the right to: (i) immediately remove the Client’s access to the Program, (ii) investigate the Client’s usages of the Intellectual Property, including purchasing access to Client’s content and/ or other courses and programs, (iii) block the Clients’ access to future programs belonging to the Guide, in additional to any support groups offered by the Guide, and (iv) record all funds expended on investigating the Client’s infringement of the Guide’s Intellectual Property (inclusive of legal fees, administrative costs for the Guide to resolve the matter and any fees spent to access the Client’s material to investigate the infringement). The Guide further reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.
13.3 Nothing in this Agreement shall transfer ownership of, or rights, to any Intellectual Property of the Guide to the Client, not grant any right or license other than those stated in this Agreement. The Client acknowledges that their purchase of this Program is for their single individual use and shall be subject to the terms herein.
14.1 All products sold on or in connection with this Website and/or checkout page are solely meant to provide educational information. The Guide does not guarantee any specific results, outcomes or changes to the Client’s current situation and the Client will hold the Guide harmless if the Client does not experience desired results.
14.2 The Client understands that all Program provided by the Guide in connection with the products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. The Client is choosing to purchase this product and work with the Guide on a purely voluntary basis and does not hold the Guide responsible should the Client become dissatisfied with any portion of the Product.
14.3 The Client understands and accepts that the Guide is not a therapist, medical professional, psychic, psychologist, financial advisor, business specialist or coach, or other agent of the Client. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.
15.1 The Client understands and agrees that the information offered in products and/or Program sold on or in connection with the Guide is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. By purchasing the Guide’s product the Client hereby releases the Guide, and by extension its owner, from any and all claims whether known now or discovered in the future.
15.2 The Client agrees that the Guide is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Program and/or Service Materials provided by the Guide. In no event shall the Guide be liable to the Client for any indirect, consequential or special damages.
15.3 The Client shall defend, indemnify, and hold harmless the Guide, 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 Service(s), excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Guide. In consideration of and as part of the Client’s payment for the right to participate in the Program, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Guide and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Program.
16.1 The Client releases any right to claims against the Guide to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Guide be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our digital products, or content found therein, and the Client hereby releases the Guide from any and all claims, whether known or unknown, now or discovered in the future.
- NO NEGATIVE STATEMENTS OR ACTIONS
17.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Guide in any way. The Client acknowledges that the Guide retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.
18.1 The Guide may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Program under the new conditions or the Agreement will be terminated.
18.2 The Client understands that without any notice to the contrary, by continuing the Program after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.
19.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
20.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Client and the Guide agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party all costs and expenses incurred, including, but not limited to attorneys’ fees.
21.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Client. The Client understands this and agrees that the laws of Ontario are to be applicable here.
22.1 This Agreement shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement.
23.1 If you have any questions about these Terms, please contact us at: [email protected].
24.1 This document reflects the entire Agreement between the Parties. The Client agrees to the terms and conditions set forth above as demonstrated by completing their purchase of the Program.