TERMS OF USE
Introduction
These Terms of Use ("Terms") govern your access to, and utilization of, the services ("Services") offered by Happyness Coaching Services, hereinafter referred to as "HAPPYNESS," "the Company," "we," "us," or "our." By accessing or availing yourself of the Services, you expressly consent to be legally bound by these Terms.
Scope of Services
HAPPYNESS provides a diverse array of Services designed to assist individuals in achieving equilibrium, rediscovering their core essence, and constructing a fulfilling life.
Eligibility Criteria
To be eligible for accessing and using the Services, you must be a minimum of 18 years of age and possess the legal capacity to enter into binding contracts. By utilizing the Services, you hereby represent and warrant that you satisfy these eligibility criteria.
User Obligations
As a user of the Services, you are obligated to:
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Furnish accurate and comprehensive information during account registration and while participating in any program or service.
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Safeguard the confidentiality of your account credentials.
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Promptly notify us of any unauthorized access or use of your account.
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Abide by all relevant laws and regulations.
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Refrain from any activities that could detrimentally affect the Services or other users.
Intellectual Property Rights
All materials, methodologies, and intellectual property developed or utilized by the Coach remain the exclusive property of HAPPYNESS. A Client who enters a Coaching Agreement is granted a limited, non-exclusive, non-transferable license for personal use only.
All content, including but not limited to text, graphics, logos, and images, disseminated through the Services is the exclusive property of HAPPYNESS or its licensors and is safeguarded by applicable intellectual property laws. Unauthorized reproduction, distribution, modification, or creation of derivative works from such content is strictly prohibited without the express written consent of HAPPYNESS or the relevant licensor.
Payment and Refund Policy
The fees associated with the Services may vary based on the specific program or service selected. You are obligated to remit all applicable fees for the Services you opt for. All payments are irrevocable and non-refundable, unless explicitly stated otherwise in writing by HAPPYNESS.
Disclaimer of Warranties and Limitation of Liability
The Services are rendered on an "as-is" and "as-available" basis, devoid of any warranties, either express or implied. HAPPYNESS expressly disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Under no circumstances shall HAPPYNESS be liable for any form of damages, whether direct, indirect, incidental, special, consequential, or punitive, arising from or related to your use of the Services.
Indemnification
You agree to indemnify, defend, and hold harmless HAPPYNESS, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including but not limited to reasonable legal fees, arising from or related to your use of the Services.
Governing Law, Jurisdiction, and Dispute Resolution
a) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
b) Jurisdiction: The Parties hereby attorn to the exclusive jurisdiction of the courts located in Sault Ste. Marie, Ontario, Canada, for the resolution of any disputes arising under or in connection with this Agreement.
c) Amicable Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties.
i. Notice of Dispute: Either Party may send the other Party a written notice outlining the nature of the dispute and seeking an amicable resolution. Upon receipt of such notice, the receiving Party shall have a period of fifteen (15) business days to respond.
ii. Mediation: If the Parties are unable to resolve the dispute through direct negotiations, then, unless both Parties mutually agree otherwise, either Party may submit the dispute to mediation. The mediation shall be conducted in Sault Ste. Marie, Ontario, Canada.
iii. Time Limit for Initiating Mediation: Mediation must be initiated within thirty (30) days of either Party's request for mediation, failing which either Party may escalate the dispute to litigation.
d) Litigation: If the dispute cannot be settled through mediation within a reasonable time, but not exceeding sixty (60) days unless the Parties mutually agree to a longer period, either Party may, by written notice to the other Party, demand litigation of the dispute. All litigation proceedings shall be conducted in Sault Ste. Marie, Ontario, Canada.
Amendments to Terms
HAPPYNESS reserves the right to amend these Terms at its sole discretion. Any such amendments will be communicated via an update on our website. Your continued use of the Services following such an update will constitute your acceptance of the amended Terms.
Contact Information
For any queries or concerns regarding these Terms or the Services, you may contact us at happynesspeopledevelopment@gmail.com.
By utilizing the Services, you acknowledge that you have read, comprehended, and consent to be bound by these Terms.
