Terms and conditions

WWW.EMMASENANAYAKE.COM and EMMA SENANAYAKE COACHING

 

Last updated: June 20, 2020

Please read these terms and conditions carefully and in their entirety before using emmasenanayake.com (hereafter referred to as the “Website” or “Site”).  The Site and its content are owned by Emma Senanayake CoachingThese Terms ™ Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

Note: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions, regardless of whether or not you have read these Terms and Conditions.  You agree that you have read, understood, and consented to these Terms & Conditions.  If you have any questions, please contact us at emma@emmasenanayake.comYou must be at least 18 years old and be able to consent to these Terms & Conditions.  If you are under the age of 18, or if you do not agree with these Terms & Conditions, please do not use this Site or its content.   These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 23 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.  The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Company” (referred to as either “the Company”, “I”, “We”, “Us” or “Our” in this Agreement) refers to Emma Senanayake Coaching, P.O. Box 6094, Dunedin North, Dunedin 9059, Otago, New Zealand, and our Website emmasenanayake.com.

“Content” refers to any and all written, audio, visual or video information contained on the Site, including, but not limited to, any and all emails received from Emma, Emma Senanayake Coaching, and/or www.emmasenanayake.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Emma Senanayake Coaching and/or on www.emmasenanayake.com, including, but not limited to, newsletters, information, blog posts, documents, materials, eBooks, graphics, designs, and templates.

“Country” refers to: New Zealand

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Goods” refers to the items offered for sale on the Service and includes downloads, courses, services and products or other Content (as defined herein) available on the Site for purchase.

“Order(s)” mean a request by You to purchase Goods from Us.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context.  For example, personal information includes, among other things, your name, address, email address, telephone number, Instagram handle, etc.

“Service” refers to the Website or Site.

“Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website”, or “Site”, refers to emmasenanayake.com (accessible from http://emmasenanayake.com) and any of its associated pages, tabs, landing pages, forms or subpages.

“You” or “Your” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgement and Consent

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.  These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, or purchasing or downloading from our Site, Courses, Services and/or/products, implicitly and voluntarily agree to be bound by these Terms and Conditions.  If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18.  The Company does not permit those under 18 to use the Service.  If you are under the age of 18, please stop use of the Site.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Disclaimer of the Company.  Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.  Please read Our Privacy Policy and Disclaimer carefully before using Our Service.

3. Site Rules

By using the Site and/or making any Purchase from the Site, you hereby agree & consent not to:

  • Abuse or harass any person through or on the Site.
  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
  • Use the Site in any way or for any purpose which violates any law of New Zealand or the jurisdiction in which you use the Site.
  • Post or transmit any “spam” or unwanted, unsolicited content.
  • Post copyrighted materials, photographs, or content which do not belong to you.
  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. Disclaimer

By using the Site, you understand that We are a Certified Health Coach and Certified Life Coach.  We are not a licensed medical professional, dietician, nutritionist, therapist or fitness expert, and therefore you should discuss and clear any and all changes to your lifestyle, food intake, exercise regime, or medical treatment with your physician or other licensed professional before implementing changes or habits suggested by us.  You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle or diet.  Our Content is solely for educational and informational purposes.

5. Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

6. Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, but not limited to, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7. Order cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

8. Refund Policy

We will do everything within our ability and within reason to ensure you are satisfied with the Service.  Refunds will not be made for products already purchased or coaching services already rendered.  If you have any concerns regarding this please contact emma@emmasenanayake.com for resolution.

You will not have any right to cancel an Order for the supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

9. Availability, Information, Errors, Omissions and Inaccuracies

We are constantly updating Our offerings of Goods and information on the Service.  The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.  We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.  You should consult with a professional or research to ensure that all information you receive, act upon or rely on from this Site or Service is up-to-date and accurate.

10. Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company.  In that event, You will have the right to cancel Your Order.

11. Payment and Access Terms

All Goods purchased are subject to a one-time payment.  Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer.  If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

By opting to make a purchase from or through the Site, you give Emma Senanayake Coaching permission to automatically charge your credit card for payment.  You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect the installment or “pay over time” option at checkout, you agree that Emma Senanayake Coaching has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or cancelled from having access to, our Courses, Services, and Products.  Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. 

We do not accept any chargeback threats (real or threatened).  If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies.  Doing so could have a negative impact on your credit report and/or credit score.  Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed.  Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies.  As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions.  You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download.  Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

13. Our Limited License to You

If you view, access, or Purchase from the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”).  As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education and hard work. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate New Zealand intellectual property laws unless authorized by us in writing beforehand.

14. Your License to Us

By commenting on the Site, or submitting documents to Emma Senanayake Coaching via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain.  You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

15. Sharing the Site & Its Content

You must request and receive written permission by email from  emma@emmasenanayake.com before sharing our Site and its Content for commercial purposes.  You may share the site for personal purposes, but we ask that you link directly to the Site.  You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs.  Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content.  You may not make any claims that you are in any way associated with Emma Senanayake Coaching.

16. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.  You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

17. No Claims Made Regarding Results

Any and all current or past-client testimonials, statements, or examples used on the Site are not guarantees that you will also experience or receive the same results.  Every client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as a previous client.

18. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

19. Limitation of Liability

Emma Senanayake Coaching is not responsible or liable in any way for any and all special, incidental, exemplary or consequential damages whatsoever you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products.  

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to a refund of the amount actually paid by You through the Service for a service or product.

To the maximum extent permitted by applicable law, in no event shall Emma Senanayake Coaching or its suppliers assume liability for any of the following, including, but not limited to, personal injury, harm, death loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms that may be related to your use, purchase or download from the Site, courses, products or services, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

20. Your Release of Us

By using the Site or Purchasing, Downloading, or using Emma Senanayake Coaching’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Emma Senanayake Coaching, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

21. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.  To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.  Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.  But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

22. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.  Your use of the Application may also be subject to other local, state, national, or international laws.

23. Disputes Resolution and Arbitration

If You have any concern, complaint or dispute about the Site or services, courses, products offered through Emma Senanayake Coaching, You agree to first try to resolve the dispute informally by contacting Emma at emma@emmasenanayake.com.

If, however, we are unable to amicably resolve your dispute in that manner, you agree that you and Emma Senanayake Coaching shall submit your dispute to binding arbitration with the New Zealand Dispute Resolution Centre (NZDRC) before an arbitrator that is mutually agreed upon, in accordance with NZDRC’s rules

By agreeing to this term, you hereby agree and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. 

Should any arbitration hearing need to be held, it shall be held in New Zealand.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in New Zealand.  The only award that can be issued to you is a refund of any payment made to Emma Senanayake Coaching for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

24. Defence & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Emma Senanayake Coaching, Emma Senanayake, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Emma Senanayake Coaching and Emma (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

25. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

26. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

27. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without notice to you.  The “last updated” date at the top of the page will indicate when most recent changes were made.  What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.  If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

28. Entire Agreement

These Terms and Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

29. Your Privacy and Security on the Site

Please read our Privacy Policy for how we handle your personal information.

30. Contact Us

If you have any questions or about these Terms and Conditions, You can contact us:

By email: emma@emmasenanayake.com

By mail: P.O. Box 6094, Dunedin North, Dunedin 9059, Otago, New Zealand