Terms & Conditions | Natalie Coombe

TERMS & CONDITIONS

Last updated: March 2024

Natalie Coombe (“we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation NatalieCoombe.com, NatalieCoombe.Thinkific.com, DeliveryStudio.Thinkific.com, www.facebook.com/groups/DeliveryStudio and www.facebook.com/NatalieCoombeOnline (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Please also refer to the Client Agreement here.

Accounts

Any user who registers with us (each, a “Registered User”) must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Natalie Coombe.

Natalie Coombe 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 Natalie Coombe 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 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. . You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Description and use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites or directly; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Natalie Coombe Community.

Client Content. In addition to above “Registered Users Content’, Registered Users may share content, including examples, results, benefits, challenges etc via other methods such as email, phone calls, text messages, online messaging services, online video services etc. Together with Registered User Content the above is collectively known as “Client Content”

Natalie Coombe is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Natalie Coombe may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Community Guidelines

Our community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;

You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
You will not “stalk,” threaten, or otherwise harass another person;
You will not spam or use the Websites to engage in any commercial activities;
If you post any Registered User Content, you will stay on topic;
You will not access or use the Websites to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

Confidentiality

The existence of this consulting relationship, as well as all information (documented or verbal) that the Client shares with the Consultant as part of this relationship, will be kept confidential. The Consultant agrees not to disclose any information pertaining to the Client that could be personally identifiable without the Client’s written consent.

For the sake of clarity, this may include sharing testimonials or feedback anonymously on social media or marketing material. No content will be shared in a way that the Client can be identified, unless the Client gives prior agreement.

Confidential information does not include information that: (a) was in the Consultant’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Consultant without use of or reference to the Client’s confidential information; or (e) that the Consultant is required by law to disclose.

The Client also agrees not to disclose any personal, operational, financial or any other business sensitive information shared either by The Consultant OR any other member of the Consultant’s group, event or private community.

Failure by The Client to do so will result in immediate removal from the engagement, with no entitlement to a refund.

Fees and Payment

As consideration for any purchase you make on the Websites or directly, you shall pay Natalie Coombe all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

If payment is not received from your credit card issuer or bank provider, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Repeated failure to pay ongoing payments on time will results in an additional admin fee, calculated at the time.

Where the client fails to attend any private consulting or group sessions with the Consultant, no refunds will be made.

For ongoing or rolling engagements, the Consultant reserves to right to review pricing at regular intervals. The Consultant will provide the Client with minimum 30 days’ notice of any upcoming price increase.

Intellectual Property

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Natalie Coombe (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both New Zealand and international laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Natalie Coombe. Natalie Coombe retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

During the course of this engagement Natalie Coombe may create, or share with you (The Client) material such as videos, documents, spreadsheets, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, formulas, techniques and methodologies as well as other material (collectively referred to as the “Content”). The Content may be owned by Natalie Coombe or third parties. The Content is protected under New Zealand law. Unauthorised use of the Content may violate copyright, trade mark, and other laws.

The Client may view, and where available, download onto their own machines any Content shared during the course of this engagement for their own personal, non-commercial use. Other than as expressly set forth in the previous sentence, the Client has no other rights in or to the Content, and the Client will not use the Content except as permitted under this Agreement. No other use of this Content is permitted without the prior written consent of Natalie Coombe.

Natalie Coombe retains all right, title, and interest, including all intellectual property rights, in and to the Content. The Client must retain all copyright and other proprietary notices contained in the original Content. The Client may not share, sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

For the sake of clarity, you agree that you will not share, use or recreate all or parts of either the Content, or what you learn from me, to create a competing course or business offering, or to price up services for your own clients.

If the Client violates any part of this Agreement, the Client’s permission to access and/or use the Content automatically terminates and the Client must immediately destroy any copies they have made, stored or shared of the Content. If this is not complied with, legal action may be taken.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT NATALIE COOMBE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Client Content (which, for the avoidance of doubt, includes Registered User Content). You do, however, hereby grant us a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Client Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us the right, but not the obligation, to use your Client Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Client Content permitted by the previous sentence and/or to advertise and promote the Websites, Natalie Coombe, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Client Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Client Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Natalie Coombe that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Natalie Coombe and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libellous, defamatory, or obscene material or content that violates our Community Guidelines.

Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

No Warranties; Limitations of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

The Client is solely responsible for creating and implementing, decisions, choices, actions and results in their own business. For this reason, the Client acknowledges that the Consultant is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Consultant.

The Consultant shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or non-performance of the Services. The Consultant shall not be liable to the Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.

The Client agrees that, in the event the Consultant is determined to be liable for any such loss, the Client's sole remedy against the Consultant is limited to a refund of the pro-rata fees paid to The Consultant in connection with this agreement, for the three (3) months immediately prior to the events arising to the claim, less expenses paid to subcontractors or to third parties. The Consultant is not responsible for errors which result from faulty or incomplete information supplied to the Consultant by the Client. The Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties.

Representations; Warranties; and Indemnification

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

Getting Results

Any results referenced are from our most exceptional clients. Individual results will vary. All business entails risk as well as significant and consistent effort and action. The results you can expect to get from the use of our content and material are dependent on a wide variety of factors outside of our control. While we will do our best endeavours to help you achieve your best results within the scope of our business relationship, we cannot in any way be held responsible or liable for any business or personal results you may experience. Your continued use of the Websites acts as understanding and acceptance of this fact.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Termination

We may terminate or suspend access to our Website Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We may terminate or suspend your Website account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Registered User Content; Licenses, warranty disclaimers, indemnity and limitations of liability.

Services Cancellation Policy

1. If the Client wishes to cancel this Agreement they can do so at any time by giving written notice to the Consultant. Access to training material and group support will end upon the Consultant receiving written notice of cancellation. No fee refund will be offered.

2. If the Consultant needs to cancel delivery of the Services the Consultant will have the option to either refund the Client the pro rata portion of the Services fee or book the Client into a replacement programme or service.

3. In some circumstances it may be appropriate to terminate a private consulting programme. These circumstances include:

a. the Client and the Consultant are not suited to working together, or the Consultant considers that it will not be beneficial to either party to continue.

b. the Consultant considers that the Services are not appropriate for the Client, and that the Client’s needs will not be met.

In these circumstances the Consultant will notify the Client of termination in writing and offer a refund for fees paid as appropriate.

4. If a client fails to show up to booked sessions and is unable to complete the agreed work within a reasonable timeframe, no refund will be offered.

5. If the Client cancels credit card payments, or in any way fails to pay the full amount owing, this Service is immediately terminated, and the Client’s permission to access and/or use the Content is automatically revoked. The Client must immediately destroy any copies they have made, stored or shared of the Content.

The Consultant reserves the right to dispute such cancellation and to pursue the Client for fees owed to the Consultant for services already performed but unpaid by Client due to such credit card cancellation or payment failure. The Consultant will provide the Client with a final invoice within a reasonable time. Payment will be expected in full within 30 days from the date such invoice. If Client does not pay the final invoice within 30 days, the Consultant reserves the right to take legal steps to recover the debt. The client will be responsible for paying any reasonable fees incurred in the process of debt recovery.

Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Governing Law:

This Agreement shall be governed and construed in accordance with the laws of New Zealand.

The Consultant’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

This Business Consulting Agreement is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

Acceptance of Terms & Conditions

The Consultant will take the Client’s access of the Content (eg. tools, training resources or materials), joining of any Facebook Group or community, or participation in any Sessions or Events as acceptance of the Terms.

Contact Us

If you have any questions about these Terms, please contact us at natalie @ nataliecoombe .com