Julie Pône: sole trader located at Julie Pône, 4, Rosedale Terrace, D08F3X5 Dublin, Ireland.
Julie Pône Products or Services (collectively referred to as ‘the Products and/or Services): the products and services offered by Julie Pône.
Client: The person or company purchasing the Products and/or Services from Julie Pône.
Commencement Date: the date that Julie Pône commences provision of the Products and/or Services to the Client.
Conditions: terms and conditions as amended from time to time in accordance with clause 14.
Contract: the contract between Julie Pône and the Client for the supply of Products and/or Services comprising of the Order and these Conditions.
Fees: the fees payable by the Client for the supply of the Products and/or Services in accordance with clause 4.
Order: the Client’s order for the Products and/or Services (and any subsequent ongoing Products and/or Services) as set out in the Order Form.
Order Form: Julie Pône’s form which can be completed online, over the phone, or in person, which sets out the Fees and which incorporates these Terms and Conditions.
Service: the provision of and grant of access to Julie Pône Products and/or Services.
Privacy Policy means the policy (as updated from time to time) which can be found on the Julie Pône Website at www.julie.pone.com/privacy_policy identifying certain respective rights and obligations in respect of the personal data and privacy under the Contract.
Authorised Affiliates means, in respect of the Products and/or Services, the Affiliates of the Client (if any) in respect of those Products and/or Services.
Authorised Users means, in respect of the Products and/or Services, the users authorised by the Client to use those Products and/or Services in accordance with the Contract.
Client Data means all data (in any form) that is provided to Julie Pône or uploaded or hosted on any part of any Products and/or Services by the Client or by an Authorised User.
Client Systems means all software and systems used by or on behalf of the Client, the Authorised Affiliates, any of its or their direct or indirect sub-contractors, or any Authorised User in connection with the provision or receipt any of the Products and/or Services or that the Products and/or Services otherwise link, inter-operate or interface with or utilise (in each case whether directly or indirectly).
Protected Data means the information and data referred to in the Privacy Policy.
Services has the meaning of any coaching services Julie Pône provides to the Client and any software platform Julie Pône provides or recommends access to for the purpose of supporting, complementing or enhancing the coaching services.
2.2. Any sample materials, descriptive matter or advertising issued by Julie Pône, and any descriptions of illustrations contained in Julie Pône’s website or brochures, are issued or published for the sole purpose of giving an approximate idea of the Products and/or Services as offered by Julie Pône. They will not form part of the Contract or have any contractual force. Julie Pône is under a legal duty to supply goods that are in conformity with the Contract.
2.3. Julie Pône has the right to make any changes or alterations to the nature, scope and content of the Products and/or Services, without notice to the Client, at any time, provided these do not affect the nature of the Products and/or Services.
2.4. Julie Pône will supply the Products and/or Services to the Client and Julie Pône warrants to the Client that such Products and/or Services have been prepared using reasonable care and skill. Julie Pône provides no guarantee that the Products and/or Services will provide any results for the Client.
2.5. Julie Pône will use reasonable endeavours to meet any dates in relation to supporting the Products and/or Services (including but not limited to dates for the Client to attend calls) but any such dates will be provisional only and may be subject to change at the discretion of Julie Pône, with no liability attaching to Julie Pône in respect of such changes.
2.6. Julie Pône will have the right to make any changes to the support of the Products and/or Services which do not affect their nature or quality (including but not limited to: trainers and teachers, call lengths, session lengths, session frequency, session type, session location, training type, training location, venue location, coach allocated, Facebook group access and content, Kajabi or similar software platforms access and content).
2.7. The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the Products and/or Services, including laws relating to privacy, data protection and use of systems and communications.
3.2. The Client, for itself and as trustee for any of its directors, employees, agents, Authorised Affiliates, Authorised Users or similar, undertakes to observe the obligations set out in clauses 3.1 to 3.5 (inclusive) and shall fully indemnify Julie Pône from and against all loss, damage, costs and claims arising from its failure to adhere to those provisions or otherwise to fulfil its obligations under the Contract.
3.3. Transmission of storage of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The Client agrees to indemnify, and hold harmless, Julie Pône from any claims resulting from the use of the Products and/or Services which damages the Client or any other parties.
3.5. The Client is prohibited from transmitting on or through any of Julie Pône’s platforms or servers, including but not limited to social media platforms, any material that is (in Julie Pône’s sole discretion) unlawful, obscene, threatening, disruptive, abusive, libellous, hateful, that encourages conduct which could constitute a criminal offence, that gives rise to civil liability, that otherwise violates any national or international law, or that involves the transmission of any pornographic or sex-related merchandise or data.
3.6. The Client shall (and shall ensure all Authorised Affiliates, Authorised Users or similar shall) at all times comply with all applicable laws relating to the use or receipt of the Products and/or Services, including laws relating to privacy, data protection and use of systems and communications.
4.2. The Fees will be paid in full in accordance with the Order, written confirmation from Julie Pône, or any agreement made over the phone or with a finance company in accordance with payment for the Products and/or Services.
4.3. All payments due to Clients On Automation under the Contract shall be made in full without any deduction or any withholding. The Client will not be entitled to assert any credit, set off or counterclaim against Julie Pône against any sum(s) owed.
4.4. In relation to payment by installments or a payment plan, payment shall be made monthly on the same calendar day as the date of the Order or as otherwise agreed in writing or over the phone between Julie Pône and the Client.
4.5. The Fees will remain payable by the Client notwithstanding any decision to cease using the Products and/or Services and even if the Client does not complete, access, attend or use the entire Products and/or Services.
4.6. Clients On Automation shall be entitled to continue processing payments for any monies outstanding using any of the Client’s debit or credit card details previously confirmed to Julie Pône.
4.7. In the event of any payment due to Julie Pône becoming overdue and unpaid for more than 20 (twenty) days, Clients On Automation may, at its discretion, suspend or withdraw the provision of the Products and/or Services, without prejudice to any of its other rights as to termination.
4.8. Save as to the cooling off period set out at clause 5, the Contract is non-cancellable and payment will be due by the Client regardless of whether the Products and/or Services are used.
4.9. The Client acknowledges that they have signed or agreed to the Order through their own choice without coercion or any lawful tactics from Julie Pône and are fully responsible for their own decisions.
4.10. Julie Pône reserves the right to instruct third party legal representation should the Client fail to make payment in accordance with these Conditions.
5.2. The cooling off period will begin from the date of the Order and continue for up to 5 days.
5.3. The Client must give written notice of their cancellation to Julie Pône within the 5-day cooling off period.
5.4. The Client must supply written notice of the request to cancel by email to [email protected].
5.5. If the Client exercises their right to cancel, the Product and/or Services will be terminated.
5.6. If the Client does not request a refund within the cooling off period, the Client is required to complete all remaining payments.
5.7 Julie Pône reserves the right to consider refunds outside of the rescission period. If a client has questions about the agreement outside of the rescission period, they should submit their comments to [email protected]. The Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. The Client agrees that any disputes that the Client may have with respect to consideration paid hereunder must be addressed directly between the Client and Julie Pône. If a chargeback occurs, the Client shall have materially breached the Terms and Conditions and shall forfeit all remaining services that have not yet been performed under the Terms and Conditions. Julie Pône shall have no further obligation to the Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one and one-half percent (1 1⁄2%) per month until paid in full by the Client. Further, Julie Pône shall be entitled to recover from the Client all damages, and reasonable and necessary legal fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
6.2. Julie Pône will, under no circumstances, be liable to the Client (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), for any indirect or consequential loss, special damages, or any costs or losses attributable to loss of profits or opportunities arising from or in connection with the subject matter of the Contract.
6.3. The maximum amount of damages payable by Julie Pône to the Client in respect of any and all liability (apart from that mentioned above), including liability arising from negligence, under or in connection with the Contract shall not exceed the amount paid by, or on behalf of, the Client to Julie Pône for the preceding calendar month or calculated based on 1/12th of the Fees in the preceding 12 months
7. INTELLECTUAL PROPERTY RIGHTS
8. CONFIDENTIALITY AND SECURITY OF DATA
8.2. Julie Pône will disclose Protected Data only to those of its officers, employees, agents, contractors and direct and indirect sub-contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Products and/or Services.
8.3. In order to promote and respect the confidentiality of all clients and intellectual property the Client understands that the Products and/or Services, now and in the future, are limited to people who have registered in the respective training. In consideration of, and as a condition for permitting the Client to participate in the Products and/or Services, the Client agrees to not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the Products and/or Services.
9. WARRANTIES
10. ASSIGNMENT AND SUB-CONTRACTING
11. WAIVER
12. VARIATION
13. APPLICABLE LAW
13.2. Each of the paragraphs referred to in the Conditions shall be severable and distinct from one another and, if at any time, more and more of such provisions become invalid, illegal or enforceable, the validity, legality and enforcability of the terminating paragraphs shall not in any way be affected or impaired by this.
14.1. The Products and/or Services are limited to people who have registered for the Products and/or Services.
14.2. The Client will not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the Products and/or Services.
14.3. The Client recognises that any breach of confidentiality may cause Julie Pône and/or other clients irreparable and substantial harm even though it may be impossible to ascertain the full monetary extent of their financial loss.
14.4. Nothing in this Contract is intended to limit the Client from sharing their experience of the Products and/or Services with anyone.
14.5. Nothing in this Contract is intended to limit Julie Pône from sharing results and any testimonials (written or by video) in relation to the Products and/or Services, for any reason (including to promote the business of Julie Pône) with anyone by any means.
15.2. Julie Pône has a written complaints procedure in place to ensure that all complaints are handled fairly and promptly. A copy of Clients On Automation’s complaints procedure can be obtained upon request.
16.2. Julie Pône reserves the right to make changes to the programs, services, products, speakers or venue should that be necessary.
16.3. From the date the contract commences, any behaviour displayed by the Client that Julie Pône deems as disruptive, disrespectful, threatening, abusive or untenable in anyway (to the sole discretion of Julie Pône), either in person, via email, via social media or any other forms of means of communication, either directed at Julie Pône, Julie Pône’s other clients, Julie Pône’s team members or associates, may result in the Client being denied access to all aspects of the Products and/or Services, including but not limited to online support, Facebook groups, any other online platforms groups, live events or coaching calls. All remaining fees would remain payable and any monies for the Products and/or Services will be non-refundable.
16.4. The Client agrees that Julie Pône has not made any promise, guarantee, or other representation with respect to the Client’s future career, health, well-being, incomes or gains resulting from the provision of the Product and/or Service, and that the Client has not been induced to enter the Contract as a result of any alleged promise, guarantee or representation.
16.6. These Conditions supersede any previous arrangement with your concerning their subject matter.