Terms and Conditions Policy

Last updated: Aug 23, 2022

Please read these terms and conditions carefully before using Our Service.
 

Interpretation and Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Your Soulmate Mentor

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • 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.

  • Country refers to: California, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Colette Creative Consultant Inc., 294 Spring Canyon Way, CA 92057.

  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Service refers to the Application or the Website or both.

  • 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 refers to Your Soulmate Mentor / Brianna Colette, accessible from yoursoulmatementor.com/ thesoulmatementor.com / briannacolette.com

  • You 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.

Website owner, the offering, and binding of Terms

This website is owned and operated by Colette Creative Consultant Inc.. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors coaching services. By accessing or using the website of our services, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

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.


Community Terms

 

All users that join the community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website.

 

The user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such an event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

 

Coaching Terms

 

1-COACHING AGREEMENT

 

This Agreement is made on this 11rd day of June, 2020 (the “Effective Date”) by and between Colette Creative Consulting, Inc. (“Coach”) and (“Client”) for coaching services, (individually a “Party” and collectively the “Parties”).Colette Creative Consulting, Inc., is a conscious lifestyle company offering 1:1 Coaching services (the “Program” or the “Services”).  

The general purpose of the services is to assist and guide  through a process of self-reflection, healing, and personal growth. Due to the personal nature of the Services, the process and experience will be different for each Client. 1:1 Coaching will have the Coach and  explore ’s experiences and beliefs that might affect ’s relationship with themselves and others. 

 

Services may be rendered in a variety of ways, of which Coach will determine on a case-by-case basis at her discretion. Potential functions might include, but are not limited to, video-conferencing, telephone calls, in person meetings, distance energy healing, sound healing, Holy Fire Reiki, journal assignments, channeled messages, meditation and mantras, and various media consumption recommendations. 

 

Coach hereby agrees to provide Client with coaching services in exchange for payment and performance of Client Responsibilities (defined below), and the Parties agree that this represents a valid offer in exchange for good and valuable consideration. 

 

2-DISCLAIMERS

Coach is not a doctor, physician, nurse, nurse practitioner, psychiatrist, psychologist, therapist, counselor, social worker, hypnotherapist, or any other type of licensed or unlicensed mental or physical healthcare provider. Coach is trained in neuro-linguistic programming (“NLP”), which is not a type of therapy, but is designed to modify behavior for self-improvement, and is woven throughout Coach’s methods and services. Client understands that the Services are not a substitute for medical and/or other health care. Coach is not diagnosing or treating . All Coach offerings are a recommendation, and  is ultimately responsible for determining what is in their own best interests. 

 

Should the Coach give Client Reiki or another energy healing, clearing, or balancing application,  understands that these are non-traditional methods which are not a medical procedure, application, treatment, diagnosis, or cure. The exact risks and benefits of these types of applications are unknown, and  fully assumes all risks associated with the receipt of them. While these methods are non-traditional, the results can manifest in very tangible and measurable ways, such as physical and/or emotional changes.  is responsible for being aware of any such changes in themselves, and for contacting the appropriate medical  and/or licensed professional. The Coach need not disclose to  that Holy Fire Reiki is being given, as it is frequently woven throughout the process and Services. 

 

Client agrees to inform the Coach of any physical and/or mental illness, pain, distress, or discomfort that  has experienced prior to the Effective Date, and immediately update the Coach of any change in the same, whether viewed as positive or negative, throughout the duration of this Agreement, and at any time after the Agreement has terminated if  believes such effects are related to the Services.  is responsible for determining in their sole discretion whether to seek professional medical attention.

 

3-COACH’S RESPONSIBILITIES 

All one-on-one sessions will be between Brianna Colette and Client. Other services such as scheduling, payment collection and related matters may be handled by agents of Colette Creative Consulting, Inc., or a third party. 

 

If the Service Option includes Supplemental Support, the Coach offers it in addition to the Service Option, to be delivered in the form of text, email, and voice note. Supplemental Support is offered only during the Coach’s business hours, which are 9am – 6pm EST, Monday – Friday, and is offered at the Coach’s discretion. Should an additional video or phone call be agreed upon by the parties,  will pay the Coach’s then current rate for such ad-hoc service, and be responsible for scheduling via the Coach’s scheduling platform. 

 

4-CLIENT’S RESPONSIBILITIES

 

Client, while considering the Disclaimers and other provisions herein, agrees to: (i) complete all of the material and assignments in and out of the one-on-one calls (as applicable); (ii) participate in a thoughtful, purposeful, and engaged manner in the one-on-one and group calls (as applicable); (iii) attend each one-on-one and group call (as applicable), at the scheduled date and time, subject to the Rescheduling policy below; and (iv) commit to and be in charge of his/her own outcomes. 

 

5-PAYMENT & FEES

 

The Fee for the Coaching Services may be paid as followed: either (A) monthly  payment or (B) one payment. Payment shall be made directly to Colette Creative Consultant Inc.  and which shall be received prior to any call or supplemental support.  will owe any processing fees associated with payments. The Coach is not obligated to accept late payments, however, should late payment be accepted, a five percent (5%) fee shall be assessed and due upon such late payment. Payments more than ten (10) days late constitute a material breach on behalf of . Prorated payment does not convert this agreement into instalments. 

 

6-RESCHEDULING 

 

If Client is receiving one-on-one calls, Client is allowed three (3) rescheduled calls until the End Date. All requests must be made at least 24hrs before the scheduled call, and be requested within Coach’s Office Hours and in times which Coach otherwise has available during that same week as the originally scheduled call. Such rescheduling requests must be made by Client via the Coach’s online-scheduling portal. Should Client “no show” on a one-on-one call, or arrive more than 10 minutes late, the call will be forfeited by Client unless that call can be rescheduled within the next 24hrs, as is available in Coach’s schedule. 

 

Should Client miss a group call, Coach will provide a recorded copy, if such exists. Should Coach decide to reschedule a group call, Coach will work in good faith to determine a time which is available for the majority of the participants. 

 

Any deviation from this Rescheduling part on behalf of Coach is a courtesy, and one occurrence of such deviation does not waive this provision and its ability to be enforced fully with any other rescheduling request. 

 

7-CONTRACT TERMINATION 

 

Coach reserves the right to terminate this contract before its End Date for cause in the case of: (i) Client breach of this Agreement; (ii) Client does not perform its Program obligations; (iii) Client is abusive to Coach or other participants; (iv) Client refuses to pay or does not pay in accordance with the Payment & Fee provisions above; (v) Client is unusually difficult to work, (vi) Coach determines in her sole discretion that Client is not coachable; or (vii) any other legitimate business reason.  

 

8-CONTRACT TERMINATION 

 

Coach reserves the right to terminate the contract before its End Date for cause in the case of: (i) Client breach of this Agreement; (ii) Client does not perform its Program obligations; (iii) Client is abusive to Coach or other participants; (iv) Client refuses to pay or does not pay in accordance with the Payment & Fee provisions above; (v) Client is unusually difficult to work, (vi) Coach determines in her sole discretion that Client is not coachable; or (vii) any other legitimate business reason.  

 

9-NON-DISCLOSURE

 

The Parties recognize that certain Confidential Information might be exchanged prior to and in support of this Agreement. 

 

Confidential Information is defined as: any and all data or information that is proprietary to Disclosing Party and not generally known to the public, whether in tangible or intangible form, whether of a technical, business or other nature, whenever and however disclosed, including but not limited to identification of property, projects, business models, customer and client identities, customer and client personal information, personal information of Coach’s, health information, promotional and marketing plans and activities, financial and technical information, trade secrets, know-how, ideas, designs, processes, techniques, programs, systems, methods, and any other information that has been identified as proprietary and/or confidential or that Receiving Party knows or should reasonably recognize as confidential, trade secret, or proprietary information of Disclosing Party. Confidential Information need not be novel, unique, patentable, copyrightable, or constitute a trade secret in order to be designated Confidential Information. Receiving Party acknowledges that the Confidential Information is proprietary to Disclosing Party, that Disclosing Party developed and obtained the Confidential Information through great efforts, and that Disclosing Party regards all of its Confidential Information as trade secrets. For purposes of this Agreement, “Confidential Information” shall not include any information which the Receiving Party can demonstrate: (i) is in (or comes into) the public domain without breach of this Agreement; (ii) was or is independently developed by the Receiving Party without reference to any Confidential Information of the Disclosing Party; or (iii) was or is rightfully received by the Receiving Party without a confidentiality restriction from a third party who did not acquire or disclose such information by a wrongful or tortuous act or in breach of a confidentiality restriction.

 

The term “Disclosing Party” means a party who or which discloses Confidential Information to a Receiving Party pursuant to the terms of this Agreement.

 

The term “Receiving Party” means a party who or which receives Confidential Information from a Disclosing Party pursuant to the terms of this Agreement.

The term “Representatives” means directors, officers, managers, employees, subcontractors, agents, consultants, advisors, and other authorized representatives.

 

Receiving Party may use Confidential Information only for purposes of discussing with Disclosing Party the subject matter of the Confidential Information. All use of Confidential Information by the Receiving Party shall be for the benefit of the Disclosing Party. Receiving Party: (a) will hold in trust and confidence, and not disclose to any other person or entity, or use for Receiving Party's own benefit or for the benefit of any other person or entity, any Confidential Information that is disclosed to Receiving Party, except Receiving Party may disclose Confidential Information to Representatives of Receiving Party on a need-to-know basis exclusively for the purpose of evaluating this Agreement and the Services; (b) agrees to not use or permit the use of Confidential Information for the purpose of interfering with Disclosing Party's business or usurping Disclosing Party's business opportunities; and (c) shall keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.

 

Notwithstanding anything to the contrary herein, Coach may make general statements regarding Client’s successes as part of business promotion. Coach has the right to publish any testimonials that Client shares with or gives as a review to Coach, even if the same contains Client’s personal name or likeness.

 

This Section shall survive and continue after any expiration or termination of this Agreement.

 

10-WAIVERS, INDEMNIFICATION, & LIABILITY LIMITATION

 

Any and all warranties and/or guarantees, if any, express or implied, statutory or otherwise, including but not limited to those warranties for good and workmanlike product or service, and guarantees of outcome are hereby fully disclaimed by Coach and fully waived by Client. Coach shall not be responsible or liable for any inaccuracies or act or failure to act on the behalf of Coach, save for those amounting to at least gross negligence. Services are offered for information purposes only. 

 

Client hereby promises to indemnify, defend, and hold harmless Coach and any person or entity that is a stockholder, equity holder, officer, director, manager, partner, employee, affiliate, or agent of the Coach from and against any and all losses, claims, demands, suits, damages, judgements, liabilities, whether joint or several, fees and expenses (including reasonable legal fees and expenses), fines and other amounts paid in settlement, incurred, or suffered by any person or entity in connection with this Agreement and Client’s use of the Services, including but not limited to: (i) the inaccuracy of any representation or warranty made by Client hereunder, (ii) any breach of this Agreement by Client, (iii) any negligent act or omission by Client or its employees or agents required of Client hereunder, (iv) any claim for personal injury, death, property damage, other cause of action, and (v) Client decision to change their employment, living, financial, and/or relationship status. 

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE COACH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT OR ITS AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. 

 

THE COACH’S MAXIMUM LIABILITY TO CLIENT RELATING TO THIS AGREEMENT AND THE COACH’S PERFORMANCE OR NONPERFORMANCE HEREUNDER SHALL BE LIMITED IN THE AGGREGATE TO THE FEES RECEIVED BY THE COACH PURSUANT TO THIS AGREEMENT DURING THE PREVIOUS ONE MONTH PERIOD. ANY ACTION BY CLIENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. 

 

This Section shall survive and continue after any expiration or termination of this Agreement. 

11-NON-DISPARAGEMENT

 

Client will not take any action or make any statement in any form of communication which is, whether directly or indirectly, disparaging, condemning, or criticizing in any way and to any degree against: Coach, its owners and employees, its products and services, or the result of any process. This restriction does not apply to the exercise of protected rights or statements compelled by law or legal process. 

 

This Section shall survive and continue after any expiration or termination of this Agreement. 

 

Commercial Terms

 

When buying an item / a service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item / a service when you commit to buy an item / a service and you complete the check-out payment process.

 

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

Refund and return policy

 

Client is eligible for a full refund up until the first scheduled one-on-one or group call, as long as Client gives Coach written notice of such cancellation request in writing within 24hrs of the same. No other refunds are offered.  

 

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased.

 

Retention of right to change offering

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Responsibility for services and products

 

If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Ownership of intellectual property, copyrights and logos

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Colette Creative Consultant Inc.. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

This Section shall survive and continue after any expiration or termination of this Agreement.

 

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Indemnification

You agree to indemnify and hold Colette Creative Consultant Inc. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. Services are offered for information purposes only. 

 

This Section shall survive and continue after any expiration or termination of this Agreement.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Colette Creative Consultant Inc., be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Colette Creative Consultant Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

This Section shall survive and continue after any expiration or termination of this Agreement.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States / California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

Customer support details & contact info

If you have any questions about these Terms and Conditions, You can contact us by email at admin@briannacolette.com