Terms & Conditions
Last revision: April 1st, 2022
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Vichika (the "Website"). Your access or use of the Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes, and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance of the revised Terms and Conditions.
1. AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are owned, registered, and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Australia and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
4. USER-GENERATED CONTENT
"User-Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
5. PAYMENT
When you purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
To prevent financial loss to you or us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or violation of the law.
Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
6. SHIPPING/DELIVERY/RETURN POLICY
You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you before confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download.
For any questions, concerns, or disputes, you agree to contact us promptly at the following: hello@vichika.com If you are unhappy with anything you have purchased on our Website, you may do the following:
INSERT REFUND POLICY - sample The company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the company’s refund policy. The company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either under the company’s customer license agreement or otherwise, regardless of the reason for disruption.
7. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services, or the general business of Vichika.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
h) To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Australia and any other country where we may operate. We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
10. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Vichika. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
11. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
12. INDEMNIFICATION
You defend and indemnify Vichika and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to do so.
Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
13. PERFORMANCE
The company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider (including, for example, your web service provider service, Stripe payment services, your software, and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider.
The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption.
The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company.
The company reserves the right to refuse access to the site and/or the company’s content, products, and/or services to anyone at its sole discretion. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption.
14. DAMAGES
In no event shall the company be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
16. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an as-is basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
17. PRIVACY
In addition to these Terms and Conditions, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, which you may find at the following address: www.vichika.com/privacy.
By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.
18. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Vichika arising from your use of the Website is limited to the greater of one hundred ($100) Dollars or the amount you paid to Vichika in the last six (6) months. This applies to any and all claims by you, including, but not limited to lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.
19. TESTIMONIALS
We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and the results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product, and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products, and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.
20. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided on or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Vichika, whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group coaching programs, classes, workshops, events, retreats, seminars, consultations and/or training, you acknowledge that Vichika is supporting you in her role as coach, and in no other role.
21. NOT A SUBSTITUTE FOR MEDICAL OR HEALTH ADVICE
The information provided on or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Vichika, whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or classes, workshops, events, retreats, seminars, consultations and/or training, you acknowledge that Vichika is supporting you in her role as advisor, and in no other role.
