April 26, 2023
BY VISITING JOYPURSUIT.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.Overview The terms “we”, “us”, “our” “JOY PURSUIT”, “JP” and “The Coach” refers to “The Company.” The term the “Site” refers to joypursuit.com and all sites connected with it. The term “user,” “you” and “your” and "The Client" refers to site visitors, customers, and paying clients who enter into a Coaching Agreement by purchasing any product or service offered in this Site by The Coach or The Company, as well as any other users of the site. Sorry for the incredibly generic nickname, but we have to keep things legal - and clear. Joy Pursuit provides a website where users can read articles, take courses, or receive coaching services on the subject of manifestation, success, the law of attraction, human design, Neurolinguistic Programming (NLP), Emotional Freedom Techniques (EFT), Clinical Hypnotherapy, Life and Success coaching, and spiritual business practices, and a service where users may purchase digital courses, online classes, workshops, coaching sessions or packages, subscriptions and products related to personal growth, mindset, manifestation, success mindset, and spiritual business management (the “Service”).
Use of joypursuit.com, including all materials presented herein and all online services provided by Maria Gabriela Miranda and Joy Pursuit (“The Company”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.Use of the Site + Service To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Go read something fun or walk in nature; nature is good for you. Information provided on the Site and in the Service related to joypursuit.com or The Company and other information are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Coaching Services The services and products, collectively The Services, to be provided by the coach to the client are coaching and tele-coaching , as designed jointly with the client. Coaching, which is not legal advice, therapy or counseling, may address specific personal projects, business successes, or general conditions in the client’s life or profession. Other coaching services include value clarification, brainstorming, identifying plans of action, and examining models of operating in life, asking clarifying questions, and making empowering requests. The Parties agree to engage in tele-coaching, that is online coaching, for the period of time included in the purchased Coaching Program through scheduled 60 minute online Zoom meetings and/or text and audio coaching via Voxer App, as applicable, or similar platforms when technical difficulties outside of the Coach’s control make the first unavailable. Coach will be available to Client by email and voicemail via Voxer App, in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request on a prorated basis rate of CHF250 (for example, reviewing documents, supporting Client in specific tasks, engaging in other Client-related services outside of coaching hours). Coaching Agreement When you, hereon known in this section as "The Client" sign up through this Site and/or purchase a Coaching Service Program or Digital Course directly with The Coach, you enter into an Agreement with The Company as follows: The Coach, certified at the Master Level in the fields of Neurolinguistic Programming, TIME TM Techniques, Emotional Freedom Techniques, Clinical Hypnotherapy, and Life and Success Coaching, and you The Client, together The Parties whereby the Coach agrees to provide Coaching Services for the Client focusing on the topics/results/outcomes/goals of personal development and whereby the Client agrees to receive such services understanding that:
A session may not be rescheduled more than twice. The Company reserves the right to bill the user or Client for a missed meeting. If the user or Client does not show up to a scheduled call and did not notify The Company in writing via email at email@example.com, the session is deemed rendered and there will be no refunds available for such session. Our time is valuable! The Company will attempt in good faith to reschedule missed meetings that were canceled or rescheduled 24 hours in advance.
Coaching Programs: due to the nature of manifestation and success courses or coaching programs, there are typically no refunds available for bespoke programs. For coaching programs, you’ll agree to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. If the Coach were to terminate the agreement, The Company agrees to reimburse the Client for the remainder of sessions not rendered. These are the only refunds available for Coaching programs.The Company reserves the right to refuse a refund if you (the user or Client) do not show and prove that you have accessed and completed all tasks after the first session (including watching all videos, fulfilling assignments, and workbooks therein) along with all the home assignments. Under no circumstances are refunds offered after the cut-off date. After that date, you, the user or Client, are responsible for making all of the payments in full. We’re sure you’re getting massive value and results come from doing the work! The Client or User agrees to pay for all installments of payment plans as agreed upon the request and acceptance of the service and is irrevocably bound to complete such payments. The Company shall not be liable for issues the user or Client may have personally or financially in regards to payments in full and payment plans, and shall hold the client accountable for such payments for services rendered, even when the Client or user missed sessions whether notified or not. Termination of Coaching Program Either the Client or the Coach may terminate The Coaching Agreement for their Program at any time with two weeks written notice. If the client has paid in full for the Service in advance the Coach and the Company reserve the right to refuse any refund past the first four weeks of coaching or four sessions, whichever was first. The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship when using a payment plan. If the Coach were to terminate the agreement, the Coach agrees to reimburse the Client for the remainder of sessions not rendered. Product Description We endeavor to describe and display the Products and Services as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions because we might not have drank enough green tea or coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing. Material You Submit to the Site You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Maria Gabriela Miranda and The Company from any claim against The Company resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. The Company reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appear to violate these terms and conditions. Intellectual Property Rights to Your Materials The Company does not claim ownership of Material you supply to The Company. However, the act of posting Material to the site or associated networks, Facebook Groups, Instagram direct messages, Tik Tok, YouTube, Social Media boards, blog posts, etc., conveys an irrevocable, worldwide license to The Company to use and distribute the posted Material in connection with The Company’s website and any related Joy Pursuit publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to The Company, you agree to hold The Company harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. Our Intellectual Property All content provided on the Site and in the Service are the intellectual property of The Company. The content of the Site and Service are protected by Switzerland trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy Affiliate Disclaimer The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on JoyPursuit.com. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, I might get a commission in exchange at no extra cost to you - because companies are cool like that these days! Please, know, that I’m only recommending things that I think are great tools, and not because of any kickbacks. That’s just cherry-on-top bonus money for my go-to-Zakynthos fund. Because everyone should have a Zakynthos fund. Don’t you think? Changed Terms We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Limitation of Liability You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, its Products or Service. Additionally, The Company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The Company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The Company’s cumulative liability to you exceed the total purchase price of the Service you have purchased from The Company, and if no purchase has been made by you The Company's cumulative liability to you shall not exceed $100. Third Party Resources The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Indemnification You shall indemnify and hold The Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. Effect of Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Entire Agreement These Terms and Conditions reflect the entire agreement between the Cmpany and/or the Coach and the Client, and reflect a complete understanding of the Parties with respect to the subject matter. This supersedes all prior written and oral representations. Waiver No waiver of any of the provisions of this Agreement by The Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Company. Notices All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Maria Gabriela Miranda, the Coach Joy Pursuit (The Company) www.joypursuit.com email: firstname.lastname@example.org Governing Law; Venue; Mediation This Agreement shall be construed in accordance with, and governed by, the laws of the Canton of Lucerne as applied to contracts that are executed and performed entirely in Switzerland. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the Canton of Lucerne, Switzerland. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures provided by the Canton of Lucerne, in Switzerland, or any other procedure upon which the parties may agree for such mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. Recovery of Litigation Expenses If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. Severability
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.Assignment
These Terms and Conditions bind and insure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: February 2023