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TERMS & CONDITIONS

Last update : Jan 1 – 2019

A. DEFINITIONS & SCOPE

 

      1. The current Terms & Conditions are applicable to all order, contract or agreement made with LADY SUCCESS® by Marie Van den Berghe, resident on Rue de Mèves 9b – 1325 Chaumont Gistoux – Belgium, email : marie@lady-success.com, https://www.lady-success.com, FB & IG @ladysuccessmarie.
      2. The current Terms & Conditions are the only ones applicables and exclude specific terms & conditions from the client unless there is a written and signed agreement with LADY SUCCESS.
      3. Those Terms & Conditions are accessible at any time on the Company’s website: www.lady-success.com which means that by clicking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by LADY SUCCESS® on behalf of Marie Van den Berghe (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
      4. LADY SUCCESS reserves the right to modify these terms and conditions, at any time and without prior notice, subject to showing these changes on its website. These changes will apply to all subsequent service orders.
      5. LADY SUCCESS operates through the Azimut Business Co-operative, 42/15 Monceau-Fontaine Street, 6031 Monceau-sur-Sambre, Belgium, VAT BE 0467 278 593. The scrl Azimut acts only as a billing center for the name and account of LADY SUCCESS. LADY SUCCESS is not mandated to engage Azimut in any way. Under no circumstances, Azimut is party to the agreement concluded between the Seller and the Buyer. Azimut therefore assumes no obligation or liability in this regard, without this list being exhaustive, the responsibilities relating to the agreements between LADY SUCCESS and the Buyer, to the information and services offered and provided by LADY SUCCESS, to data processing. by Mailchimp and the availability of the LADY SUCCESS website.
      6. LADY SUCCESS undertakes to sign a new collaboration agreement with its own BCE contact details at the end of the support and real-life agreement that binds it with Azimut.

         

B. SERVICES

 

    1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of seminar, consulting, coaching, and/or business coaching (the “Program”).
    2. The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
    3. Parties agree that the Program is in the nature of coaching and education.
    4. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.
    5. Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

C. FEES

 

    1. Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
    2. Payments are executed through Paypal.
    3. In case of late payment, late payment interest will be automatically due and without prior notice. The interest will be calculated at the rate fixed by the Belgian law of 2 August 2002 on delay in commercial transactions or by the legal text which will replace it. As irreducible compensation for damages caused by non-performance, the Customer will also be liable for a lump sum compensation of 10% of the unpaid price with a minimum of 150 -EUR per invoice.
    4. If Client fails to make payment in a timely manner in accordance with these Terms & Conditions or voluntarily decides to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Programs, Products and/or Services. Otherwise, access to the Programs, Products and/or Services will be restricted until the full payment is received.
    5. Any modification of the Program in progress may be considered by mutual agreement between the parties and may result in a revision of the price initially agreed.

D. REFUNDS AND WITHDRAWAL

 

    1. The customer has a right of withdrawal that he can exercise, without having to justify reasons, within fourteen (14) working days from the order and if the services have not started.
    2. The refund will be made on the same support as the one used when ordering services, either by bank transfer or the customer’s Paypal account.
    3. Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.
    4. If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund.
    5. If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, then a refund of that portion only of the Program will be made to client.

E. CHARGEBACKS AND PAYMENT SECURITY

 

    1. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
    2. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
    3. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
    4. Based on the explicit and clear Refund Policy stated in these Terms & Conditions, Company does not tolerate or accept any type of chargeback threat or actual chargeback from Client’s credit card company. In case of a chargeback, Company reserves the right to report the incident to the credit reporting agency or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on Client’s credit report score. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

F. NO RESALE OF SERVICES PERMITTED

 

    1. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.
    2. This agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

G. NO TRANSFER OF INTELLECTUAL PROPERTY

 

    1. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.
    2. Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.
    3. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.
    4. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.
    5. No license to sell or distribute Company’s materials is granted or implied by the enrolment or by the payment of any fees.

H. LIMITATION OF LIABILITY

 

    1. By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.
    2. The Program is an educational/coaching service only.
    3. Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services.
    4. In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
      1. The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and
      2. 1000€.
    5. All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.
    6. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services 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.
    7. Client agrees that he/she uses Company’s services at Client’s own risk.

I. DISCLAIMER OF GUARANTEE

 

    1. Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.
    2. Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement.
    3. Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
    4. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
    5. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

J. COACHING CANCELLATION POLICY

 

    1. Company has a 24-hour cancellation policy for coaching sessions. If the session is cancelled less that 24 hours before the coaching session, the session will be forfeited.

 

K. COURSE RULES

 

    1. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.
    2. Client agrees to abide by any Course rules and/or regulations presented by Company.
    3. The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
    4. In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

L. USE OF COURSE MATERIALS

 

    1. Client consents to audio and video recordings being made during the Program.
    2. Company reserves the right to use, at its sole discretion, course materials, video and audio recordings of courses, calls, live events, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
    3. Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

M. NO SUBSTITUTE OF MEDICAL TREATMENT

 

    1. Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
    2. Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.
    3. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

N. TERMINATION

 

    1. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.
    2. Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.
    3. In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

O. CONFIDENTIALITY

 

    1. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
    2. Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.
    3. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

 

P. PRIVACY AND PERSONAL DATA PROTECTION

 

    1. LADY SUCCESS commits to comply with the regulations relating to the protection of privacy during the collection and processing of personal data provided by the Customer via LADY SUCCESS website.
    2. The personal information collected by LADY SUCCESS relating to the Customer is required for the management of the transaction. 
    3. They may also be communicated in whole or in part to providers involved in the execution of the delivery. Your data are saved on Mailchimp for communication purpose, on Thinkific if you requested access to an online course as it is our learning platform, and we have no access to your bank details that are handled directly by Paypal.
    4. The Customer is informed that this same information may also be collected by an organization in charge of the analysis of orders and the fight against credit card fraud.
    5. The Customer has a right of access, rectification, opposition and deletion to the data concerning him by signaling it to marie@lady-success.com
    6. The Customer must agree to receive by email from LADY SUCCESS, newsletters, information and / or commercial offers.
    7. He can, at any moment, ask by mail: marie@lady-success.com the stop of these sendings or simply click on the unsubscribe link at the bottom of any email received from us.
    8. We collect cookies on our opt’in pages and website in order  to analyse your behavior and improve your overall experience. By using these pages you agree that we do so.

Q. DISPUTES

 

    1. In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
    2. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

R. INDEMNIFICATION

 

    1. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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 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, employees, subcontractors and successors.
    2. Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
    3. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

S. CONTROLLING AGREEMENT

 

    1. In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

T. CHOICE OF LAW

 

    1. This Agreement shall be governed by and construed in accordance with the Belgian Law without giving effect to any principles or conflicts of law.
    2. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
      In case of legal conflict, only the justice court of Nivelles, Belgium, will be competent.

U. ENTIRE AGREEMENT

 

    1. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.
    2. This Agreement may be modified only by an instrument in writing duly executed by both parties.

V. SURVIVAL

 

    1. The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.

 

W. SEVERABILITY

 

    1. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

 

X. OTHER TERMS

 

    1. Upon execution by purchasing, clicking “I agree” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.
    2. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.