Soulway Circle Terms of Purchase
22 November, 2023
*Please print these Terms of Use for your records*
Soulway Circle MEMBERSHIP TERMS OF PURCHASE
By checking the box next to this Terms of Purchase, and clicking the “Purchase” button, you, the purchaser of a Soulway Woman Membership outlined below (hereinafter “Client”) agree and willingly purchase entry into this membership program, to be provided with services rendered by Soulway Woman , and you agree you are voluntarily entering into a legally binding Agreement with Soulway Woman, including the automatic renewal terms and inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of one hundred and eleven AUD. dollars per month ($111AUD/month) Client is voluntarily electing to purchase a quarterly (3 months) or biannual (6 months) subscription to the SOULWAY CIRCLE (hereinafter “Membership”). In exchange, Soulway Woman agrees to provide the services outlined in the Membership. Details below.
1. Membership Site Outline:
A. Client agrees and understands that she is purchasing a quarterly or biannual subscription to the Membership, which includes meditations, group coaching sessions, and education and information from Jennifer Evans-Allen of Soulway Woman.
B. Client acknowledges that he/she has read the Membership Addendum and conducted any additional research necessary to feel she understands what is being provided in the Membership as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Soulway Woman’s website.
C. Membership is not to be considered a substitute for therapy or medical treatment, and none of the information provided herein is to be considered medical advice or treatment. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Membership is not right for you.
2. Confidentiality
A. Following Client’s access to the Membership, Client will have gained access to various trade secrets and personal intellectual property of Soulway Woman, including but not limited to materials such as, spiritual guidance, information, proprietary strategies, and/or other information that may have become available for use through Client’s participation in the Membership. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in the Membership. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through the Membership, and agrees that he or she will be in violation of these Terms of Purchase if she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in her own business without express written permission of Soulway Woman. Client also understands and agrees she will not disclose or use any information provided to Client during sessions, discussions, or otherwise.
B. Should Client breach this provision and disclose confidential or proprietary information belonging to Soulway Woman or another participating in the Membership, Client understands additional action may be taken by Soulway Woman up to and including legal action.
3. Testimonials; Right to Use Information from Membership
The Client also understands and agrees that she does not have an expectation of privacy within the Membership and expressly gives Soulway Woman permission to record calls to be shared, and to make commercial use of any recordings. All calls and group sessions will be recorded and shared with all members of the Membership to be viewed at a later date or multiple times. Soulway Woman also reserves the right to package and resell any pre-recorded sessions, as long as all personally identifiable information is redacted, including Client name, photo, and other information. However, Client’s questions and comments may be viewable on any recording.
4. Payment and Payment Plans
A. Client understands the cost of the Membership Site is one hundred and eleven dollars ($111) per month payable either quarterly or biannually, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands she is responsible for the full payment every 3 or 6 months, and agrees to pay the sum requested electronically, via Soulway Woman’s website or a designated third party payment processor of Soulway Woman’s choosing, in full.
B. If any automatic payment is declined for any reason, Client will have three (3) days to update the information necessary in order to successfully complete the charge. If unable to do so within this three (3) day grace period, Client will promptly be removed from the Membership. If the client wishes to rejoin, Client may do so at the current market price.
C. Client also agrees that, should any dispute arise relating to payment, Client will not dispute the charge with his/her bank, or otherwise allege the charge to be fraudulent – Client will resolve the dispute with Soulway Woman in another way. Should Client elect to dispute the charge, Client understands she will be responsible for the full amount disputed, as well as any costs and legal fees incurred in connection with Soulway Woman’s time spent in responding to the dispute, and confirming the charges are not fraudulent.
5. Auto-Renewal Agreement
A. Client understands and agrees that continued access to the Membership Site requires recurring quarterly payments of $333, (or biannual payments of $666) that will be made by Client on the same date of every 3 or 6 months that membership was initially purchased. By purchasing access to Membership, and agreeing to these Terms of Purchase, Client understands she will be automatically charged every 3 or 6 months via the same card or manner in which the initial payment was made, for the following 3 or 6 months of Membership. This process will repeat each 3 or 6 months unless and until the Client properly cancels his or her membership.
6. CANCELATION POLICY:
If Client wishes to cancel his or her membership after the first three (3) or six (6) months, Client must do so more than 3 business days before the charge is scheduled to withdraw. Any requests for cancellation made less than 3 business days before the automatic renewal is scheduled to charge the Client’s card, or made subsequent to the charge, will take effect the following month.
I. HOW TO CANCEL: In order to cancel a membership, Client may send an e-mail to soulwaywoman@gmail.com with the subject line MEMBERSHIP CANCELLATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Soulway Woman’s receipt of email, and his or her membership will subsequently be cancelled prior to the following billing period, assuming it is more than 3 business days away.
II. As outlined above, if Client cancels his or her membership less than 3 business days before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancellation will take effect following this. Should this occur, Client will have access to the Membership for the month in which Client paid, with membership terminating at the end of the last paid month.
III. Soulway Woman’s hours of operation are Monday to Friday 9AM-5PM AEST.
C. By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are giving your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the three (3) month minimum membership, the cancellation policy, and that you understand how to cancel before your card is charged for the following month.
6. Refund Policy
A. Soulway Woman is not able to offer refunds once Client has purchased access to the Membership. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELLATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months. No refund will be given for any reason, even upon cancellation, for quarterly or biannual membership payment.
B. Client further agrees and understands that changing her mind about the Membership, failing to follow through or understand the details of the Membership, not experiencing the results she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
7. Technology
A. The live calls component of the Membership will be offered on a third party platform, with its own terms and policies. Client will review and ensure agreement to such terms prior to joining the Membership. Should Client have any questions about the platform used, he/she will reach out to the platform directly, and understands Soulway Woman is not involved. Soulway Woman is not responsible for any specific technology Client may need in order to adequately view and utilize the Membership. Client’s inability to access their Membership due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make quarterly or biannual payments, unless or until the Client’s membership is properly cancelled in accordance with the cancellation policy in paragraph five (5).
8. Medical Disclaimer – Not Medical or Professional Advice
A. The Membership and content is not to be considered therapy or counselling, medical treatment or advice, and nothing within the Membership is intended to provide or act as a substitute for mental health treatment. Client understands that Soulway Woman may share opinions regarding health, wellness, natural remedies, alternative medicine, healing modalities, energetic healing, and other similar wellness principles and concepts. Client understands all such information is meant as educational in nature, and is not meant or intended to serve as a substitute for medical treatment, advice, or to serve as any sort of personalized advice. Client agrees he/she will exercise independent judgment in assessing whether any information provided within the Membership is right for Client to implement, and will consult a medical professional prior to implementing anything from the Membership.
B. Client understands and agrees that there are no therapy, treatment, or medical-based elements to the Membership and it is not meant for those who are in need of (or think they may be in need of) medical services. Soulway Woman is not attempting nor suggesting Client enrol in the Membership in place of a personalized consultation with a medical professional in your geographical area.
C. Soulway Woman encourages Client to consult a medical professional if she suspects she may benefit from such services. We will assume that all individuals choosing to purchase in the Membership will have previously obtained clearance and permission from their applicable personal medical professional and has concluded that the Membership offered is right for them. Nothing contained within the Membership is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
9. Voluntary Participation
A. Client understands and agrees that she is voluntarily choosing to enrol in the Membership and is solely responsible for any outcomes or results. Client acknowledges and agrees that Soulway Woman. is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in the Membership and any results therein.
B. Client Conduct: Soulway Woman maintains a zero tolerance policy with respect to offensive, discriminatory, rude, or defamatory behavior within the Membership. Soulway Woman reserves the right to remove Client from the Membership at any time, should Client engage in any inappropriate behaviour, make any offensive, derogatory, or otherwise disruptive comments within the Membership, in the sole and absolute discretion of Soulway Woman. If removed, Client understands that he/she will not be charged for any future months within the Membership, and may not be permitted to rejoin.
10. Disclaimer /No Guarantees
A. Soulway Woman cannot guarantee results from any of the content of the Membership and cannot make any representations or guarantees regarding individual results. As outlined herein, Client will consult a medical professional prior to implementing anything from the Membership and will exercise independent judgment in determining if any information within the Membership is right for Client. Client will hold Soulway Woman harmless if she does not experience the desired results, or if any such information is implemented with negative results.
B. Client understands that all services provided by Soulway Woman in connection with the Membership are being purchased and provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Membership and work with Soulway Woman on a purely voluntary basis and does not hold Soulway Woman or Membership responsible should Client become dissatisfied with any portion of the Membership.
C. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership, as long as Soulway Woman delivers the Membership as described in the Addendum below.
D. Client also understands Guide is not a doctor, nurse, lawyer, financial adviser, or otherwise, and agrees to hold Soulway Woman and all owners, employees, contractors, and affiliates harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Membership. The content provided by the Soulway Woman website and within the Membership is comprised of information that has worked for Jennifer Evans-Allen and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Soulway Woman cannot guarantee results from this Membership, and has no expectation of a specific result that he or she holds Soulway Woman responsible for.
11. Intellectual Property
A. Client agrees and understands that Soulway Woman has created numerous original, creative works in connection with the Membership, and agrees that Soulway Woman maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Soulway Woman. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Soulway Woman to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership.
B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Soulway Woman or obtained through working with Soulway Woman, without Soulway Woman’s express written consent. If such behaviour is discovered or suspected, Soulway Woman reserves the right to immediately end Client’s participation in the Membership without refund, as well as access to any materials the Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee Rights: Soulway Woman’s Limited License to Client: Client understands that in purchasing the Membership, she is gaining access to view all content and information available as part of the Membership. Client understands this means she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by Soulway Woman. As a “Licensee,” Client understands and agrees that Client will not: (a) copy, edit, distribute, duplicate or steal any information or any Content obtained through the Membership Site without written permission of Soulway Woman (b) Post, distribute, copy, steal or otherwise use any portion of the Membership or its content, or information obtained via other members in the group Membership without written permission by Soulway Woman, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client; (c) Claim any content created by Soulway Woman as part of the Membership or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Soulway Woman was Client’s work, and use in her business as her own; (d) Share purchased materials, information, content with others who have not purchased them.
12. Indemnification
Client agrees at all times to defend, fully indemnify and hold Soulway Woman and any affiliates, agents, team members or other party associated with Soulway Woman harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including legal fees) arising from his/her actions as a direct or indirect result of Client’s participation in the Membership
13. Dispute Resolution
A. Should a dispute arise between Soulway Woman and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Soulway Woman responsible for any specific results, or those results which have been achieved by other clients of Soulway Woman.)
14. Amendments
This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of the Membership, or Soulway Woman’s business. Client’s continued use of the Membership constitutes an agreement to the most updated version of this Agreement.
MEMBERSHIP OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a subscription to a Membership. While the below is subject to change, at the time of purchase, the Membership Site includes access to the following:
1. Bi Monthly Meditation Recordings / Sessions
2. Weekly newsletter
3. Recorded meditations
4. Spiritual blessings and education information
5. Health and wellness information as deemed appropriate by Soulway Woman.