Updated 8 August 2020
(ELLA KUSHNIR & CONSCIOUS LEADERS HUB – ABN: 46 578 577 470)
Ella Kushnir is excited to work with you in our training programs. Taking part of any of our programs and by entering into an agreement with us you are agreeing to abide by the terms and conditions contained within this document.
1. The Importance of This Terms and Conditions Agreement.
In order for us to allow you to participate in any program, we will need you to agree and acknowledge to be bound by these Terms and Conditions (the “Terms”). The effective date of these Terms is the date the terms were agreed upon electronically and initial payment made. If you do not wish to be bound by the Terms, we unfortunately cannot move forward with your participation in any of the programs conducted by “Ella Kushnir”. By participating and signing this document, you acknowledge and agree that these Terms shall apply to you during the term of our engagement, and any use by you of information, knowledge, materials, resources, documents, intellectual property, networks and services provided or learned during or associated with the “Ella Kushnir”.
2. Refund And Transfer Policy
We understand that unexpected circumstances can arise, so, if due to any unforeseen circumstances you need to alter your participation in our programs or services for which you have registered, you have three options depending on the situation.
You can withdraw from our programs or services and request a refund after a period of 7 days and within a period of 30 days. To be eligible for a refund, you must first email ella@ellakushnir.com with the reason for your requested refund. Before issuing a refund, we ask that you meet with one of our Directors, to talk about your need to withdraw from the program, and to see we can work together to resolve any issues. If we cannot find an alternate resolution that works for everyone, and if we find that a refund is appropriate, you will be refunded your payment (less the $500 administration fee).
3. Payment Plan Policy
In order to be given access, and maintain access, to any program or service you must make and continue to make all previously agreed upon payments on schedule until you are paid in full. In relation to a monthly payment agreement, all payments need to be made for the month in advance. If you have any questions about your payments, please reach out to us immediately.
4. Participation and Changes
In order to work with us on any of our products or services, from time to time you will need to connect via telephone or internet to training webinars or production meetings. It is your responsibility to ensure your ability to access a computer or phone line to participate, and we are not responsible for the internet and telephone charges you incur for your participation. We also cannot make any promises about the quality of your own internet connection. We will try our best to ensure that every webinar is as technologically-accessible as possible.
Just as circumstances can unexpectedly change for you, we sometimes need to make changes as well, including changes to training content, published training schedule or production times. While we will use our best efforts to ensure that all scheduled training events, and course materials, curriculum and faculty stay as planned, we reserve the right to make any changes to the programs and services. We will use our best efforts to notify you of these changes as soon as possible.
Similarly, in the case that we need to change or amend these Terms, we will provide you with the new version in writing within sixty days of the changes, and you will have sixty days to review and sign the new Terms. You must sign the new Terms in order to stay in good standing with the product or service for which you are registered, and failure to do so may result in a suspension of your access to our programs and services, and/or the termination of your enrolment in our programs. To help us keep you updated, you must notify us of any changes in your contact information by sending an email to ella@ellakushnir.com.
5. My Duties and Disclaimer of Guarantee
5.1 Medical Disclaimer.
Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or
delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
5.2 Legal and Financial Disclaimer.
Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
5.3 Representations, Earnings or Guarantees Disclaimer.
We do not and cannot make any representations to you regarding your potential future earnings, clients or success as a result of any of our products or services. You agree that Ella Kushnir has not made any guarantees about the results of your participation in our programs or the use of our services. Our programs and services are intended to provide you with the knowledge and tools for success, but you recognize that your ultimate success or failure will be the result of your own efforts, your particular situation and innumerable other circumstances beyond the control of Ella Kushnir.
Training content for all programs are provided “as-is” and we disclaim any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, use for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of our products/services and to the fullest extent permitted by applicable law, you fully assume all risks arising out of or related to your use of and involvement in our products and services.
Ella Kushnir (or any of its employees, directors or representatives) will not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of and involvement in our programs or services, even if Ella Kushnir has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein and to the furthest extent permitted by applicable law, Ella Kushnir’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of $250.00 or the amounts paid by you to us for your participation in any program or the use of any service.
5.4 Intellectual Property Disclaimer.
Ella Kushnir content of any product or service Remain the Intellectual Property of Ella Kushnir. Ella Kushnir along with any associated terms such as Conscious Leaders Hub, Remain the Intellectual Property of Ella Kushnir. Internal Use of Intellectual Property is granted to the Participant during Training, and all intellectual property, including the names, brands and all associated logos and trademarks, templates, curriculum, training materials, copyrighted materials, and any and all improvements, modifications, enhancements, fixes and future versions of them, are the property of Ella Kushnir and are licensed (not sold) to you by Ella Kushnir solely for use in your involvement in the chosen program or service.
Specifically, Ella Kushnir is granting you a personal, non-transferable, and non-exclusive right and license to use our programs and services, solely to access and participate in, solely for your personal use, and you are not permitted to copy or modify any Ella Kushnir’s Intellectual Property, nor are you allowed to share, sell, assign, sublicense or otherwise commercialise any program or service to any third-party without the prior written consent from Ella Kushnir.
5.5 Technology Disclaimer.
We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, eBooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
5.6 Your Agreement Disclaimer.
During the Term and Agreement and thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm the Company, its shareholders, officers, directors, agents, employees, contractors, or clients, including other Program participants, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company, its shareholders, officers, directors, agents, employees, contractors, or clients.
6. Termination
If Ella Kushnir suspect that you have not complied with these Terms and Conditions, we reserve the right to terminate your enrolment in any of our programs or the continued use of our services or any production services provided by Ella Kushnir. Prior to termination, we will endeavour to arrange a time to talk to you about the suspected issue, and see if we can resolve the issue and/or give you a chance to make the necessary changes. If no such resolution or change is possible, the termination will be effected and you will not be eligible for any sort of refund.
Any production undertaken by Ella Kushnir is provided on a monthly basis and may be terminated with 30 days notice. Should this occur, any additional provisions such as training and distribution will also cease to continue at the end of the 30 Days.
7. Terms and Conditions Agreement
These Terms and performance under these Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South
Wales
By completing this purchase you agree to be bound by all of the terms and conditions contained herein.