Last Modified MAY 24, 2018

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://www.nicoleivens.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Nicole Ivens (“Company”) from time to time. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of Australia and the State of Queensland, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts on Gold Coast, Queensland in all disputes arising out of or related to the use of the site.

4. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

5. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

6. COPYRIGHT. All contents of Site or Service are: Copyright © 2018 NICOLE IVENS 26 Prospect Court Robina, Qld, 4226, Australia. All rights reserved.

7. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

8. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

9. REFUND POLICIES

Your purchase is 100% non-refundable. Once your payment is processed, we do not offer refunds. We encourage you to shop mindfully and wisely before purchasing. If you are not sure and you’re worried about booking a session with Nicole, take some time to explore the website, blog, and social media pages. If you like what Nicole offers for free, chances are you’ll be happy with your purchase.

While we hope you love your purchase, we understand you may not. We stand by our no refunds policy, even if you dispute the charge as fraudulent or unrecognized. In the event that this happens, we are hit with a dispute fee and do submit evidence of downloads, our policy, and more. We then block your IP address from future purchases. 

10. PRICING AND PRODUCT/SERVICE AVAILABILITY POLICY

We reserve the right to change product and service pricing and availability at anytime, and without notice. The price you pay when you purchase a product or service is the price you pay, and we do not accommodate retroactive refunds when and if pricing does change.

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