THWP Membership Terms and Conditions
These terms and conditions apply to our Healthy Wallet Membership
Engagement Agreement
TERMS AND CONDITIONS

These terms contained in this engagement constitute a legally binding agreement (“Agreement”) between (“you” or the “Client”) and Terri Watson of The Healthy Wallet Project ("Coach") for the provision of the Services on the terms set out in this Agreement. Collectively, all of the above people or businesses entering this Agreement will be referred to as the “Parties”.


1 - TERMS OF THE AGREEMENT

(a)Upon execution of this Agreement, the Coach agrees to provide services in accordance with the The Savvy Saver Membership and The Healthy Wallet Project Membership.
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Coach’s Website https://www.thehealthywalletproject.com.au/savvy-saver-membership as part of the Program.
(c) The Coach reserves the right to substitute services equal to or comparable to the Membership for Client if reasonably required by the prevailing circumstances.
(d) The Client agrees to be open, present and prepared to complete the work. The Client is responsible for his/her own success and implementation of objectives met.
(e) The content included in the Membership is for your individual, non-commercial use. The Client agrees not to share login details and/or Program materials with any third parties.
(f) The Coach reserves the right to remove the Client from membership at any time for any reason.
(g) The Membership includes the following:
1. Access to a private Program Facebook community from 1 April 2021
2. Weekly Zoom chats
3. Members Portal


2 - METHODOLOGY
The Client agrees to be open minded to the Coaches methods and partake in services as proposed. The Client understands that the Coach has made no guarantees as to the outcome of the coaching sessions or Membership. The Coach may revise methods or parts of the Membership based on the needs of the Client.


3 - DISCLAIMERS
By participating in the Membership, the Client acknowledges that the Coach is not providing the professional services of a financial advisor or any other kind of licensed or certified professional.

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide the Client with third-party recommendations for such services as financial planning, accounting, debt management, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach's website are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of Coach's programs, courses, and/or services. The Client acknowledges that the Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the use of the Coach's website, programs, products or services.


5 - PAYMENT AND REFUND POLICY
(a) By purchasing The Healthy Wallet Project Membership, the client has paid the Coach the full purchase amount payable
(b) Monthly payments are required on due date if no payment after 14 days the program will cease until payment has been made. 
(c) The Coach does not offer refunds to ensure that clients are fully committed to the Membership.
(d) The Client may cancel at anytime before the next monthly installment is due.


6 - INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Client as part of this Membership, the Coach 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. The Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove the Client from the membership, without refund, if you are caught violating this intellectual property policy.


7 - CONFIDENTIALITY
Parties will treat and hold all information of or relating to this Agreement, the services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement.

Confidential information (“Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorisation of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.


8 - CONFIDENTIALITY RELATED TO GROUP PARTICIPANTS
As this is a group setting, you are aware that when you participate in a group call or interact with any group members by any means during the Program, including in our virtual gatherings, Facebook group, or other public settings, you are voluntarily sharing and disclosing information which may be seen, heard, collected, and used by others, and therefore the Coach cannot be responsible for any unauthorized use of any or all of the information that you share with other group participants, whether during the calls, online, in private conversations, or in any other manner.


9 - 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 Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.


10 - 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.


11 - DISCLAIMER OF WARRANTIES
The information, education, and coaching provided to the Client by the Coach 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.


12 - LIMITATION OF LIABILITY
By using The Healthy Wallet Project services and purchasing this Program, the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. The Client agrees that the Coach 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. The Client agrees that use of this Program is at user’s own risk.


13 - 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. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Perth, Western Australia 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.


15 - GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia, regardless of the conflict of laws principles thereof.


16 - THE ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.


17 - SEVERABILITY
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.  

--
Terri Watson
Money Mindset Coach
The Healthy Wallet Project

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