TERMS OF PARTICIPATION
Please READ Carefully by purchasing this free or paid product you (herein referred to as “Client” or “Customer”) agree to the follow terms stated herein.
Truth & Tonic and Kim Page Gluckie agrees to provide free intellectual property and Programs (ie. Truth & Tonic Academy, Life Proof Business Model, or other Truth & Tonic labelled knowledge-base (herein referred to as “Program”)) identified in online commerce shopping cart or opt-in forms/ lists. Client or Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client or customer understands Kim Page Gluckie (herein referred to as “Consultant”) and Truth & Tonic, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client or customer understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program, free offer, or receipt of knowledge. If the Parties continue their relationship, a separate agreement will be entered into.
FEES – Life Proof Business Model & Academy (previously Truth & Tonic Academy)
The fees for the Program may include full advance payment or partial payment over terms. This is not a membership. By agreeing to pay on a plan you are provided all materials, in advance, with understanding you are required to complete your payment plan in full. For example, if you select the 12 monthly payments, you will pay (example) $97 today, and $97 each month for an additional 11 months from the date of purchase, for a total payment of $1,044. If you choose to pick this option, you are responsible for all 12 payments. If you elect to pay for the Program in full, you can pay in one payment and receive all materials. These fees are in CANADIAN FUNDS. Any resulting changes in fees due to exchange rates are not the responsibility of Truth & Tonic to notify the Client. Any funds greater than those posted after exchange is a cost to the Client. Any future promotions or different prices for this same course (greater or less) are non-negotiable.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card through payment processor such as PayPal. If Client wishes an alternate payment option contact firstname.lastname@example.org for etransfer option.
TRUTH & TONIC REFUND POLICY
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. We offer a 60-day refund period for purchases. However, in order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you.
In the event that you decide your purchase was not the right decision, within 60 days of enrollment, contact us at email@example.com and let us know you’d like a refund by the 60th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL of the following items:
We will NOT provide refunds more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by Kim Page Gluckie, Truth & Tonic. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting us directly at firstname.lastname@example.org.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during 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 and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Truth & Tonic Academy is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Truth & Tonic. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
INTERRUPTION OF SERVICE
In the event that any cause beyond the reasonable control of either Party make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’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.
Client accepts any and all risks, foreseeable or unforeseeable. Client 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. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
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. 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 Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Truth & Tonic website and purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.