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TERMS & CONDITIONS

TERMS & CONDITIONS

Last modified May 23, 2018

Please READ Carefully.

By viewing Kathleen Saelens’ (herein referred to as “I” “company” “consultant” “we” “us” or “our”) website
(www.kathleensaelens.com, also meaning any redirect URL including but not limited to www.soulfully-aligned.com, www.soulfullyalignedacademy.com, www.thehouseofunfurling.com) and/or purchasing Kathleen Saelens’ programmes, products, and/or services you are agreeing to these terms and giving your virtual signature. By viewing Kathleen Saelens’ website (www.kathleensaelens.com also meaning its redirect URLs) and/or purchasing Kathleen Saelens’ programmes, products, and/or services you (herein referred to as “Client” “you” or “other”) agree to the following terms stated herein.

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WEBSITE DISCLAIMER

Welcome to our website. If you continue to browse and use this website (www.kathleensaelens.com and its redirect sites), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kathleen Saelens’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

This site is solely for informational and educational purposes. Application of the techniques, ideas, and suggestions presented in this site is done at the reader’s sole discretion and risk. The author and publisher of this site make no representations or warranties of any kind with respect to this site and its contents. Kathleen Saelens disclaims all such representations and warranties including, but not limited to, any implied warranties of merchantability for any particular purpose.

In addition, Kathleen Saelens does not represent or warrant that the information accessible on this site is accurate, complete or current. Neither Kathleen Saelens nor any of its directors, representatives or employees will be liable or responsible for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information contained in this site.

This website may also include links to other websites. These links are provided for your convenience to provide further information. We do not endorse any linked website(s). We have no responsibility for the content of linked website(s).

Your use of this website and any dispute arising out of such use of this website is subject to the laws of Belgium.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. Without limiting this, we exclusively own all the copyright and other intellectual property rights in any content available to you in either the free or the subscription areas of the site (including any audio, text, photos, brand images, trademarks, logos or interactive content (“Content”). This ownership covers the whole world and any renewals or extensions of those rights in the Content. 

You may not use, modify, or copy any of the Content for any commercial purpose without our prior written approval. “Commercial Purpose” means sale, rental, licence, assignment or other commercial exploitation of the Content of any kind. You may not host, serve, send, distribute, transmit or allow access to any of the Content to or for someone else without our prior written approval. In addition, you may not allow or authorise someone else to either (i) use, modify or copy any of the Content for any Commercial Purpose, or (ii) send or transmit or allow access to any of the Content to another person. 

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You mustn’t alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them for commercial use and/or distribute, display or transmit any such materials on the internet whether for commercial use or otherwise.

The Site and its original content, features and functionality are owned by Kathleen Saelens and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by http://www.kathleensaelens.com or http://www.thehouseofunfurling.com. Some of the links on this site are ads, partners, or affiliates. This means I may make a small commission if you buy from the linked sites. I only link to products and services I love, most of which I use daily.

http://www.kathleensaelens.com have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Our Legal responsibility to you
We do not guarantee the accuracy of material on our site. As far as legally possible, we together with our officers, directors, employees, shareholders and agents exclude legal responsibility for the following:
• Any loss to you arising from use of our site including damages and costs of any kind
• Loss of income, indirect loss, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. This exclusion includes all responsibility for any loss arising from damage due to viruses that may infect your computer equipment, software, data or other property that may arise from your access to, use of, or browsing of this site or your downloading of any material from this site or any websites linked to this site. We also do not guarantee that access to this site will be uninterrupted or error free. We do not promise that the site will meet your requirements or that any material or Content on the site will meet your expectations. Our exclusions of liability apply regardless of from where in the world you access this site. We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

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GENERAL TERMS & CONDITIONS – DISCLAIMER

Client understands that Kathleen Saelens is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that their participation in using this website and Kathleen Saelens’ programmes, products, and/or services will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in using Kathleen Saelens’ website and coaching programmes, products, and/or services.
Client understands that Kathleen Saelens has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Programme. If the Parties continue their relationship, a separate agreement will be entered into.

PAYMENTS

All refunds are discretionary as determined by Kathleen Saelens. No refunds will be issued for completed calls or sessions. All payments must be made on a timely basis.
Please refer to our Cancellation/Refund Policy for further specifics. If you have any questions or problems, please let us know by contacting our support team directly. The email is hello@kathleensaelens.com

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and Programme Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Programme participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Programme. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.

Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by visiting www.kathleensaelens.com or purchasing Kathleen Saelens’ programmes, products, and/or services you agree that if you violate or display any likelihood of violating this session the Company and/or the other Programme participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites.

PRODUCT REVISIONS

Company is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases Company acts as a distributor for others. In the interest of our customers, Company puts forth its best efforts to ensure that all product information is up-to-date and factual.

INTELLECTUAL PROPERTY RIGHTS

In extension to the Intellectual Property Rights specified above, regarding the Site and its original content, features and functionality, all content downloaded or provided by Kathleen Saelens is owned by Kathleen Saelens and is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

NON-DISCLOSURE OF COACHING MATERIALS

Material given to Client in the course of Client’s work with the Company is proprietary and developed solely and specifically for Company. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training programme only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Programme content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Kathleen Saelens.

CLIENT RESPONSIBILITY

Programme is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the programmes, products, and/or services. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Programme and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Programme. Programme education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any programme materials.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Programme is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programmes are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programmes. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company 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 Company’s services or enrolment in the Programme. Company assumes no responsibility for errors or omissions that may appear in any of the programme materials.

NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such 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 Company or any of its programmes, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT. Client may not assign this Agreement without express written consent of Company.

MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on Kathleen Saelens’ website, www.kathleensaelens.com

TERMINATION. Company is committed to providing all clients in the Programme with a positive Programme experience. By visiting www.kathleensaelens.com and/or purchasing Kathleen Saelens’ programmes, products, and/or services, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Programme without refund or forgiveness of monthly payments if Client become disruptive to Company or Participants, Client fails to follow the Programme guidelines, is difficult to work with, impairs the participation of the other participants in the Programme or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
In consideration of and as part of my payment for the right to participate in Kathleen Saelens’ programmes, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Online Marketing Education and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programmes are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programmes.

RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Belgium Law. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: hello@kathleensaelens.com

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Hainaut, Belgium.