TERMS OF PURCHASE

FROM DANYA GAMLIEL

This offer is non-refundable, and if you are using a payment plan you are obligated to pay as agreed, on the dates agreed and in full.

Not using the full services does not qualify you for a full or partial refund.

This offer consists of Danya Gamliel intellectual property, therefore you CAN NOT repurpose, duplicate, copy or sell any content in ANY way or shape, without written permission.

By proceeding to payment, you understand and agree that coaching is entirely personal and therefore results relating to marketing outcomes, financial revenue, business growth or results of any kind, is unique to each individual. Danya Gamliel does not guarantee any specific outcomes or results.

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Danya Gamliel (“Coach”), acting on behalf of Danya Clairvoyant (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

• Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the outlined offer.
• The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website www.danya.com.au as part of the Service or Program.
• The Coach reserves the right to substitute services equal to or comparable to the Service or Program for the Client if reasonably required by the prevailing circumstances.
• The Client agrees to be open, present and prepared to complete the work. The Client is responsible for his/her own success and implementation of objectives met.   
• The content included in the Service of Program is for your individual, non-commercial use. The Client agrees not to share login details and/or materials with any third parties.
• The Coach reserves the right to remove The Client from the Service or Program at any time for any reason.
• The Client agrees to be open-minded to Coach’s methods and partake in services as proposed. The Client understands that The Coach has made no guarantees as to the outcome of the Service or Program.  The Coach may revise methods or parts of the Service or Program based on the needs of the Client. 
• By participating in the Service or Program, the Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Service or Program is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice.
• The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
• The Coach may provide the Client with third-party recommendations for other related services. The Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
• Any testimonials, earnings, or examples shown through the Coach’s website are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of the Coach’s programs, courses, and/or services. The Client acknowledges that the Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Coach’s website, programs, products or services.

PAYMENT AND REFUND POLICY.

• Upon execution of this Agreement, the Client agrees to pay to the Coach the full purchase amount.
• The Coach does not offer refunds to ensure that clients are fully committed to the Service or Program.
• If the Client selects a payment plan option, the Client agrees to pay fees to the Coach according to the payment schedule set forth on the Coach's website, or otherwise provided to the Client, and the payment plan selected by the Client (the “Fee”). 
• Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges that the Coach will charge the credit card chosen by the Client.
• In the event the Client fails to make any of the payments within a payment plan during the time prescribed, the Coach has the right to immediately disallow participation by the Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If the Client has not paid within fourteen (14) days, the Coach has the right to terminate the agreement.

INTELLECTUAL PROPERTY RIGHTS.

• In respect of the documents specifically created for the Client as part of this Service or Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished.
• Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
• The Coach reserves the right to immediately remove the Client from the Service or Program, without refund, if you are caught violating this intellectual property policy.

RECORDING AND REDISTRIBUTION OF CALLS.

• The Client acknowledges that group coaching sessions and/or group calls may be recorded.
• The Company may take photographs, videos, or audio recordings during the Service or Program that the ompany may use for future commercial or non-commercial purposes. The Client agrees and understands that by participating in the Service or Program, the Client is consenting to being recorded and photographed and to the use of the Client’s likeness, writing, and voice in any media in perpetuity by the Company for whatever purpose as the Company sees fit.
• The Client agrees that the Company may use any written statements, images, audio recordings or video recordings of the Client obtained while enrolled in the Service or Program. This includes any content the Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about the Clients participation in the Service or Program.
• The Client waives any right to payment, royalties or any other consideration for the Company’s use of such written statements, images, audio recordings and video recordings and the Client waives the right to inspect or approve the finished product used by the Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which the Client, their heirs, representatives, executors, administrators, or any other persons acting on the Client’s behalf or on behalf of the Client estates have or may have by reason of this authorisation.

NON-DISPARAGEMENT.

• The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither the Client nor any of the Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its services, programs, affiliates, subsidiaries, employees, agents or representatives.

GOOD FAITH.

• Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

DISCLAIMER OF WARRANTIES.

• The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

LIMITATION OF LIABILITY.

• By using Danya Gamliel services and purchasing this Service or Program, the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. The Client agrees that the Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service or Program. The Client agrees that the use of this Service or Program is at the user’s own risk.

DISPUTE RESOLUTION.

• If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Centre for International Commercial Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Melbourne, Victoria or via telephone. 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 attorneys’ 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 judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW.

• This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ENTIRE AGREEMENT.

• This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

PRIVACY POLICY.

• The Company is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
  We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
  A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
• We collect your Personal Information for the primary purpose of providing our services to you and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
• When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
• Sensitive Information  is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. We do not collect Sensitive information
• Your Personal Information may be disclosed in a number of circumstances including the following:
  • Third parties where you consent to the use or disclosure; and
  • Where required or authorised by law.

• Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
• When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
• You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing;
  [email protected] we will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
• In order to protect your Personal Information, we may require identification from you before releasing the requested information.
• It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
• This Policy may change from time to time and is available on our website.
• Privacy Policy Complaints and Enquiries
  If you have any queries or complaints about our Privacy Policy please contact us at: [email protected]