By visiting and purchasing from ChoosingDifferently.com and associated sites, you are consenting to the following Purchase Agreement.
This web site is owned and operated by Nikki H Stokes and will be referred to as “we”, “our”, “us” and “Provider” in this Purchase Agreement (“Agreement”). By purchasing products, services and programs (“Products & Services”) at ChoosingDifferently.com, all customers and clients, referred to as “user”, “you”, “your” and “Client” (and collectively, the “Parties”), agree to the terms of purchase for this web site (“the site”), which are set out on this page. Accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms of purchase provided herein.
This purchase agreement governs the purchase and provision of Products & Services to you, and your payment for and use of those Products & Services.
These terms of purchase will be reviewed periodically. We reserve the right, at our discretion, to modify or remove portions of these terms of purchase at any time. This purchase agreement is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.
We welcome your comments and feedback.
1. Products & Services
The Provider agrees to provide its Products & Services and the Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Products & Services.
This Agreement is in addition to any other terms and conditions applicable to the Site.
The Client understands the Provider is not an agent, lawyer, doctor, accountant, financial planner, therapist or other licensed or registered professional.
Coaching, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in the Client’s life or profession.
Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategising, asking clarifying questions, and providing models, examples, and in-the-moment skills training. The Provider promises that all information provided by the Client will be kept strictly confidential, as permissible by law.
The Client understands that the information in these Products & Services is NOT financial or legal advice and is not meant to take the place of the advice of licensed professionals.
The Provider’s requests for the Client’s participation in the Products & Services:
- Please be on time to all appointments. If you will be late, notify the Provider in advance. If you will miss an appointment, notify the Provider at least 24 hours in advance. Appointments missed without 24 hours notice will only be rescheduled at the Provider’s sole discretion.
- Be honest and participate fully. Recognise that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
- Make a commitment to the action plans you create, and do what you have agreed to do.
- Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
Products & Services are provided either on an individual, one-by-one basis or as part of a package of sessions (“Term”) . The Client understands that a relationship with the Provider does not exist between the Parties after the conclusion of the Products & Services. If the Parties desire to continue their relationship, a separate agreement will be entered into.
The Provider is committed to providing all clients in the Products & Services with a positive experience.
By agreeing to these terms, the Client agrees that the Provider may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Client’s participation in the Products & Services without refund or forgiveness of monthly payments if the Client becomes disruptive or upon violation of the terms.
If the Client decides to terminate this Agreement, no refunds will be issued.
Total price of these Products & Services is as specified at the time of purchase. The Client may pay through PayPal or other payment systems, with a debit or credit card.
If a payment is not provided for any reason, the Provider reserves the right to suspend or refuse Products & Services until payment is complete.
The Client is responsible for full payment of fees for the entire Products & Services, regardless of whether the Client completes or makes full use of the Products & Services.
To further clarify, no refunds will be issued, unless explicitly and clearly included as part of the Products & Services description at the time of purchase.
8. Calls & Appointments
The Provider calls the Client at the scheduled time of appointment. It is the Client’s responsibility to schedule regular appointments with the Provider.
If the Client fails to schedule appointments, those unscheduled appointments are forfeited.
If the Client needs to reschedule a call with the Provider, the Client must give at least 24 hours advanced notice to the Provider. Missed appointments will be forfeited.
The Client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of these Products & Services and will not be carried over.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of these Products & Services (“Confidential Information”).
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 shall keep all Confidential Information strictly 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.
The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
10. Compelled Disclosure of Confidential Information
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will:
(i) provide the Provider with prompt notice of such requirement prior to the disclosure, and
(ii) give the Provider all available information and assistance to enable the Provider to take the measures appropriate to protect the Confidential Information from disclosure.
11. Non-disclosure of Materials
Material given to the Client in the course of the Client’s relationship with the Provider is proprietary, copyrighted and developed specifically for the Provider.
The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Provider’s products and programs are copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license.
The Client is not authorised to use any of the Provider’s intellectual property for the Client’s business purposes.
All intellectual property, including the Provider’s copyrighted program and/or course materials, shall remain the sole property of the Provider. No license to sell or distribute the Provider’s materials is granted or implied.
Further, by purchasing Products & Services from the Provider, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Provider will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Provider, its employees, or agents.
The Provider shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and their relationship with the Provider.
The Client agrees to indemnify and hold harmless the Provider, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, arising out of, or relating to, the Client’s participation or action(s) under this Agreement.
The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Provider, in writing.
14. Dispute resolution
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the ACICA.
The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Melbourne, Victoria.
The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.
The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) 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 judgement of law or decree in equity, as circumstances may indicate.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, regardless of the conflict of laws principles thereof.
16. Entire Agreement; Amendment; Headings
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of the Provider to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
21. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
22. Client Responsibility; No Guarantees
The Client accepts and agrees that the Client is 100% responsible for its progress and results from the Products & Services.
The Provider will help and guide the Client; however, participation is the one vital element to success with the Products & Services that relies solely on the Client.
The Provider makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance.
The Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary.
By purchasing Products & Services, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of participation in the Products & Services and the Provider’s comments about the outcome are expressions of opinion only.
The Provider makes no guarantee other than that the Products & Services offered shall be provided to the Client in accordance with the terms of this Agreement.
You acknowledge and agree that you have reviewed this Site and this Agreement and that you will continue to review to be aware of any modifications.
We reserve the right to change this Agreement or to impose new conditions on use of the Products & Services, from time to time, in which case we will post the revised Agreement on this Site.
By continuing to use the Products & Services after we post any such changes means you accept the new Agreement with the modifications.
Updated: February 2017