Terms and Conditions of Use
Please read these Terms and Conditions (“T&C”) carefully.
In these T&C, “BrigitEsselmont.com” means Brigit Esselmont Pty Ltd, an Australian private company, doing business as BrigitEsselmont.com. “You” or “you” means the purchaser of any goods or services from BrigitEsselmont.com.
These T&C are a contract between BrigitEsselmont.com and You.
You must agree to these T&C before you are permitted to use any BrigitEsselmont.com e-course, one-on-one or group coaching, class, program, workshop, training, book, e-book, workbook or guide, attend a BrigitEsselmont.com live event, or enter any online private forum or membership site operated by BrigitEsselmont.com (for any purpose), whether on a website hosted by BrigitEsselmont.com or a third-party website such as facebook.com (collectively “a Program”).
If you do not agree with these T&C, you may not use any part of a Program.
As used in these T&C, the term “Releasees” means the following: (i) Brigit Esselmont Pty Ltd, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers and (iii) Brigit Esselmont.
NOTE TO MINORS: You must be at least 18 years old to open an account with BrigitEsselmont.com. BrigitEsselmont.com also requires that You ask for permission from your parents before accessing any Program or Content. You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
Children under the age of 13 are not permitted to use this Program. The Company hereby disclaims all liability for use by individuals under the age of 13.
All goods and services are charged in US dollars. For Australian residents, all prices are inclusive of Australian Goods and Services Tax.
All payment plans and subscriptions shall be paid by credit or debit card only. You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to securely share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
At the time of purchase, you must either pay for a product or course in full or sign up for a payment plan if offered. Courses include a series of modules; you cannot choose to pay for one module and not others.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from a Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you choose.
If you fail to make any payment when it is due, your account status will be changed to “collections” and we will attempt to charge your credit or debit card every 2 days for 10 days. If payment is not received by the tenth day, we reserve the right to terminate your access to any Program and all Content immediately and permanently.
Username and Password
When you purchase any course from the Company, you will receive online access to that course for your personal use only for 12 months from the date of purchase, unless a refund is granted or you have failed to make a payment. Upon purchasing a course, you will receive one username and password for that course. Access to purchased courses is limited to one user.
The Company reserves the right to change the event, including its date and location, at any time. Tickets for live events are not refundable but are transferable to another attendee by emailing the transferee’s full name and email address to [email protected] at least three business days prior to the event. The Company reserves the right to prohibit entry or to eject any person from a live event if the Company, in its sole discretion, deems the attendee’s behavior to be unsafe, disruptive, offensive or inappropriate in any way.
Image Release: In registering for live events you grant permission for the Company to take and to have full and free use of video/photographs containing your image and/or likeness. You understand these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for the Company. You agree that you are not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. You release, discharge, and hold harmless the Company and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video. If you do not agree to the above image release, you must advise the Company by email as soon as possible at [email protected]
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host a Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
The Company’s Limited License to You
If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-exclusive, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of a Program and Content for your own personal purposes or your own business only. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from a Program or Content for commercial purposes or in any way that earns you money (other than by applying them generally in your own business). By downloading, printing, or otherwise using a Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any reproduction or unauthorized use of any materials found in a Program or Content shall constitute infringement.
You must receive our written permission before using any part of a Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on a Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your use of any materials found in a Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for a Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for a Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Your License to the Company
By posting or submitting any material in the BrigitEsselmont.com community, Facebook group page, or during a Program or webinar, such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, transferable worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you, or us identifying you as the source of your content.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, live events, or other communications, that may be made by the Company during a Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions at any time for any reason.
We will let you know if we intend to share your content outside the BrigitEsselmont.com Community.
This means you give the Company permission to use anything you submit or post in a Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in a Program, including images in which your face is visible and recognizable.
Request for Permission to Use the Content
You may not use any of the Content, or other intellectual property or other property belonging to us without obtaining prior authorization from the Company. If you wish to seek the Company’s permission to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected]
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in a Program and Content.
Your Conduct in a Program
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purpose
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from a Program with anyone else.
Warranties and Guarantees
Nothing in these T&C limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law. To the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation is to use our best endeavors to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the fullest extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;
(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:
(a) the cost of replacing the goods or services or supplying equivalent goods or services;
(b) the cost of repair of the goods;
(c) the cost of having the goods repaired or replaced.
To the extent permitted by the Australian Consumer Law, we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortage of suitable parts, components, materials, labor or transportation or any other cause beyond our reasonable control.
To the extent permitted by the Australian Consumer Law, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person
Refunds, Suspensions and Extensions
Refunds and exchanges are provided only as set forth below or as required by law. All refunds will be paid in the currency in which it was received by us and could take up to 10 days for processing. If you paid in a currency other than US dollars, you are liable for the costs of exchange.
Except as required by law, the Company does not offer refunds for:
- 1:1 Mentorship Program
- Intuitive Entrepreneurs’ Mastermind
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing the purchase of a Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all relevant credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
The Company reserves the right in its sole discretion to refuse or terminate your access to a Program and any Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of a Program or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to a Program and its Content will still apply now and in the future, even after termination by you or the Company.
Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
1) You acknowledge that, by using a Program or Content, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your (or your minor child’s/ward’s) participation in a Program, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total amount you paid the Company for a Program.
2) The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program(s) or Content prevents, cures or treats any mental or medical condition. The Program and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in a Program.
Earnings and Results Disclaimer. You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in a Program or Content. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of a Program, and you understand that results and earnings differ for each individual. Testimonials published by us are independent and genuine, but they do not represent a guarantee or warranty of similar results.
3) From time to time, the Company may promote, affiliate with, collaborate or partner with other individuals or businesses whose programs, products and services align with ours. In exchange we may receive financial compensation or other rewards for these promotions. These will never be at any additional cost to you.
Real talk: although we are highly selective and only promote the partners whose programs, products and/or services we respect, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. Please use your own judgment to determine that any such program, product or service is appropriate for you, as you are assuming all risks, and agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through our Website.
BrigitEsselmont.com is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
4) Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
5) The Company tries to ensure that the availability and delivery of a Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
6) THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH A PROGRAM AND ANY CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT A PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7) THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH A PROGRAM.
8) Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
9) Damage or Theft of Property: You understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during any live event.
11) The Company controls and operates the Program(s) from offices in Australia, the United States, Canada, Brazil, India, and the Philippines. The Company does not represent that materials on a Program are appropriate or available for use in other locations. People who choose to access a Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12) You agree to defend, indemnify and hold harmless the Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of a Program, Content or Intellectual Property in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of Intellectual Property, materials, or features available on a Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
13) You expressly agree that these T&C are intended to be as broad and inclusive as permitted by law and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This 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.
The Company may change, modify or update these T&C at any time without notice. Any access or use of a Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]