TERMS & CONDITIONS
Terms and conditions are hereby referred as (“Terms”), an agreement between Ana Luisa S. Wholley hereby referred as (“Coach”), luisawholley.com hereby referred as (“The Website”) AND/OR and the users of the website, or the clients and students of Luisa Wholley’s services online or in-person, hereby referred as (“The Client”) and (“Services”). These terms detail the policies and procedures conducted by it.
1. Binding of Terms
By accessing the website, luisawholley.com, or the Services in any platform, online or in-person, you are agreeing to be bound by these Terms & Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing these sites. The materials contained in this Website are protected by applicable copyright and trademark law. This website is owned and operated by Ana Luisa S. Wholley, The Coach, Photographer and Instructor. These Terms set forth the terms and conditions under which you may use this website, courses, images and services as offered. This website offers visitors photography services, courses, classes and digital images products for purchase and download. By accessing or using the websites, you approve that you have read, understood, and agree to be bound by these Terms.
2. Use License & Ownership of Intellectual Property, Copyrights and Logos
Permission is granted to The Student to temporarily download one copy of any downloadable materials on The Courses for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the School’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Luisa Wholley at any time.
All images and its copyrights in this course belong to The Coach, and are for personal learning purposes only. You cannot resell, redistribute, commercialize or claim them as yours in any way.
All materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Photographer & Instructor. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.
3. Client and Coach Duties
The Coach-Client relationship is based on confidentiality, ethics and trust. The Coach may ask the Client to record sessions and provide the Client’s info for credential reasons or to share with the Coach’s mentor for peer review purposes only.
. The Coach does not claim nor represent herself as a therapist, counselor or any type of medical or healthcare provider and does not claim to diagnose, treat or address any health conditions, including but not limited to anxiety, depression, addiction, OCD, PTSD, bipolar disease, schizophrenia, etc.. If the Client suspects or knows they may be potentially suffering from mental health issues, they should seek medical care with a doctor, or see a psychiatrist, psychologist, therapist or counselor. Not the Coach, or any coach.
. Although The Coach has a duty of privacy and confidentiality towards the Client, the Client must be aware that anything shared with the Coach that may be potentially considered as illegal, threatening or harmful to the Client or others cannot be held confidential. The Coach can inform competent authorities and seek action in such instances. Before sharing information, the Client must understand that there is a limit on confidentiality whenever there are illegalities, danger or potential harm to anyone.
4. About Sessions, Meditation, Acions and Assignments
The Client agree with the following disclaimers prior to taking any courses with The Coach:
Meditation is not a replacement for traditional treatment. It does not intend to treat or cure any diseases or conditions.
Always consult your doctor and/or mental health professional about starting any meditation practice.
Studies show that people with certain conditions or diseases should not meditate, as meditation can bring awareness to uncomfortable thoughts and emotions. Such conditions include depression, bipolar disorder, among others.
The Coach is not a health care provider, doctor, psychologist, mental health counselor, life coach or any similar professional. Therefore The Coach is NOT liable for evaluating if the student should meditate or take this course. The Coach is also NOT responsible or liable for anything that may happen during sessions or thereafter. It is The Client’s full responsibility to ensure safety for themselves and others while doing any action steps and assignments.
If The Student feels any kind of discomfort during any assignment or meditation, they must STOP IMMEDIATELY.
The materials on the courses are provided ‘as is’. The Coach makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Coach does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The Coach reserves its right to terminate any client-coach relationship at their own discretion and without notice.
In NO event shall The Coach be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the session materials on The Coach’s website, even if The Coach has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Revisions and Errata
The materials appearing on the courses may include technical, typographical, or photographic errors. The Coach does not warrant that any of the materials on its web site are accurate, complete, or current. The Coach may make changes to the materials contained on its web site at any time without notice. The Coach does not, however, make any commitment to update the materials.
The Coach is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Coach. Use of any such linked website is at the user’s own risk.
The Coach may revise these Terms & Conditions of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms & Conditions of Use.
10. Governing Law
Any claim relating to The Coach’s website shall be governed by the laws of the The Photographer & Instructor’s home jurisdiction without regard to its conflict of law provisions.
11. Who can use your website; what are the requirements to create an account
In order to use The Website and/or receive products and services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
12. Key commercial Terms offered to customers
When buying a service or item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices charged for using services / products are listed on the website. The Coach reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the investment page. The fee for services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on to your payment method.
13. Return and refund policy
Sessions completed are not refundable. Sessions not delivered are eligible for a total refund if Client canceled at least 24 hours prior to scheduled time. Digital products cannot be returned or exchanged.
14. Retention of right to change offering
The Coach may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. The Coach may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
15. Right to suspend or cancel user account
The Coach may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold the Coach Ana Luisa S. Wholley harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against her by any third party due to, or arising out of, or in connection with your use of The Website or any of the Services or images offered by The Coach.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The Coach Ana Luisa S. Wholley, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, The Coach Ana Luisa S. Wholley assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
18. Right to Change and Modify Terms
The Coach reserves the right to modify these terms from time to time at her sole discretion. Therefore, you should review these pages periodically. When I change the Terms in a material manner, you will be notified that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) The Website, The Services for sale.
19. Promotional emails and content
You agree to receive from time to time promotional messages and materials from The Coach, by mail, email or any other contact form you may provide (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify The Coach at any time.
20. Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/ State of Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Tampa, Florida. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
21. Customer support details & contact info
For contact and support, please email Luisa Wholley at email@example.com.
FINAL NOTE: If you decide to purchase a service by The Coach, it means you fully understand, accept and agree to all the above Terms & Conditions of Use.
Date: June 28th, 2020.