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By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Nicola Swinson (“Supplier”), acting on behalf of Magikal Echoes – Holistic Services (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
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1. TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Supplier agrees to provide services in accordance with the The Magikal Crystal Community payment plan chosen.
(b) The subscription boxes will arrive after payment is received for the month.
(c) The supplier reserves the right to substitute services equal or comparable to the membership or course for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met
(e) The supplier reserves the right to remove Client from membership at any time for any reason.
(f) The Magikal Membership includes the following: Access to the facebook community, one ebook download, a live masterclass, one zoom session, two moon coaching sessions.
(g) The Crystal Membership includes the following: Access to the facebook community, one ebook download, a live masterclass, one zoom session, two moon coaching sessions, one parcel sent via royal mail secondclass which contains three crystals which may be tumblestones or other shapes, dried herbs, one angel card and two journal pages for the moon coaching sessions.
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2. METHODOLOGY.
Client agrees to be open minded to Suppliers’s methods and partake in services as proposed. Client understands that the Supplier has made no guarantees as to the outcome of the coaching sessions or membership. The supplier may revise methods or parts of the Membership based on the needs of the Client.
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3. DISCLAIMERS.
By participating in the Membership, Client acknowledges that the Supplier is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Membership is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice.
The Supplier may provide the Client with information relating to products that the Supplier believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Supplier is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Supplier may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Supplier will not be held liable for the services provided by any third-party to the Client. The Supplier is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Supplier’s website or social media are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of the Supplier’s memberships, courses, and/or services. Client acknowledges that the Supplier has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Supplier’s website, membership, products or services.
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4. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Supplier the full purchase amount.
(b) The Supplier does not offer refunds to ensure that clients are fully committed to the membership.
(c) If Client selects a payment plan option, Client agrees to pay fees to Magikal Echoes – Holistic Services according to the payment schedule set forth on the Supplier’s website, or otherwise provided to Client, and the payment plan selected by Client (the“Fee”).
(d) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Supplier will charge the credit card chosen by the Client.
(e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Magikal Echoes – Holistic Services has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching/training calls.
(f) Buy signing up to pay in full for the year or commit to the year but pay monthly to get the discount, commits you to the full year. No refunds or cancellations will be allowed.
(g) As soon as your membership is cancelled, you will be taken immediately out of the The Magikal Crystal Community Facebook group, you will be able to still access the membership site with all the content until your membership expiry date.
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5. INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Membership, Magikal Echoes – Holistic Services maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Magikal Echoes – Holistic Services to the Client, nor grant any right or license other than those stated in this Agreement. Magikal Echoes – Holistic Servies reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
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6. RECORDING AND REDISTRIBUTION OF CALLS/VIDEOS/LIVES
Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by Magikal Echoes – Holistic Services.
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7. NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving 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. Neither Client nor any of Client’s associates, employees or affiliates 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, the Supplier or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
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8. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
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9. DISCLAIMER OF WARRANTIES.
The information, education, and coaching provided to the Client by Nicola under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
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10. IMITATION OF LIABILITY.
By using Magikal Echoes - Holistic Services services and purchasing this membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Nicola 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 the Program. Client agrees that use of this Program is at user’s own risk.
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11. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in UK or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
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12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws within The United Kingdom, regardless of the conflict of laws principles thereof.
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13. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.