Terms and Conditions
BY PURCHASING A PRODUCT THROUGH THIS WEBSITE, YOU AGREE TO THE TERMS & CONDITIONS BELOW.
PLEASE READ AND UNDERSTAND THEM BEFORE FINALIZING YOUR PURCHASE.
The Products and their content are owned by The Content Yogi.
1. Definitions
In these T&Cs, the following words and expressions have the following meanings:
Company means The Content Yogi, a New Zealand incorporated company with company registration no. 9429049552942
Use means participating, reading, implementing, trying, or otherwise engaging in or with the Products
Product means an Online Course, Live Group Program or Private Mentorship (as defined in Clause 5) purchased by the Client from the Company
Client means the purchaser and person Using the Product
Parties means the Client and the Company
T&Cs means the Terms and Conditions set out below
2. Introduction
Gabrielle Metz is the owner and founder of The Content Yogi, a company that provides yoga teachers and coaches with business and marketing support to help them build their businesses online. The Company has created the Products to provide business, marketing and sales knowledge required to build online businesses.
The Company makes the Product available to the Client via the online course platform Kajabi with additional support being offered through platforms such as private Facebook groups, the private messaging app “Voxer” or Zoom meetings.
The details of the Product are further detailed in Clause 5 and on the sales page provided to the Client, as it is made available, from the date of purchase.
The Company reserves the right to substitute Products comparable or equal to the value of the Product or terminate access to the Product under the current circumstances as determined by the Company.
3. Term and Termination
These T&Cs enter into force from the date of initial purchase and continue in force as long as the Parties are working together as further detailed in Clause 3.1 and 3.2 (the “Term”).
3.1. Online Course
The Company grants the Client lifetime access to its Online Courses (as defined in Clause 5.1). These T&Cs remain in force for as long as the Company provides access to the Online Course or until the Company decides it is reasonable to substitute Online Courses comparable or equal to the value of the Online Course or terminate access to the Online Courses under the current circumstances as determined by the Company, with the exception of Clause 11, which shall survive the Term of these T&Cs.
3.2. Live Group Programs and Private Mentorships
The term of Live Group Programs and Private Mentorships (as defined in Clause 5.2) is agreed between the Parties separately. The Client understands that the Parties do not have a relationship after the end of a Live Group Program or Private Mentorship. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Client may not terminate the Live Group Program or Private Mentorship prior to the end of the Term.
The Company may, for any reason, terminate the Live Group Program or Private Mentorship prior to the end of the Term, with a refund issued to the Client for any unused portion of the Live Group Program or Private Mentorship.
4. Disclaimer
By purchasing and Using the Product, the Client understands that Gabrielle Metz and the Company is an Instagram and online business coach, and they are not an attorney, accountant, financial advisor, or any other licensed or registered professional.
The Product is for informational and educational purposes only. The information and education provided in the Product is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. The Client should consult with a professional in matters pertaining to legal, accounting and financial advice in person to discuss issues or questions pertaining to the Client's particular legal, accounting, financial, or business situation.
Although the Company does its best to make sure all of the content inside the Product is up to date and/or accurate, the Company does not make any representation that all the information is accurate or free of errors at all times. The Company does not assume any responsibility for accuracy of the Product’s information, or its safety or efficacy as it applies to the Client’s business.
5. Product Specifics
5.1. Online Courses
The Company offers online courses and masterclasses with pre-recorded videos and workbooks (“Online Courses”) to the Client which will be released at some time after agreeing to the T&Cs and paying for the access.
The Client receives a link via email to access the Online Courses.
Online Courses may be supplemented by access to Live Group Programs, Private Mentorships, private Facebook groups, Zoom meetings and/or messaging support in Voxer.
5.2. Live Group Programs and Private Mentorships
The Company offers group coaching sessions in the form of access to private Facebook groups, Zoom meetings and/or messaging support in Voxer to the Client (“Live Group Programs”).
The Company offers individual coaching sessions in the form of Zoom meetings and/or messaging support in Voxer to the Client (“Private Mentorships”).
The Company will communicate the frequency of coaching calls, the level of support and availability separately to the Client.
Live Group Programs or Private Mentorships may be supplemented by access to Online Courses.
6. Client Responsibilities
The Client agrees to the following when purchasing and Using the Product:
(i) The Client acknowledges that the Company does not guarantee the Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. The Client accepts and agrees that it is fully responsible for its results from the Product.
(ii) The Client shall be on time and participate fully in the coaching calls and watch the videos in the Online Courses, and any other part of the Products, to the best of its ability.
(iii) If the Client is unable to keep an appointment inside a Private Mentorship it agrees to provide a 24-hour notice to the Company. The Client can reschedule its appointment via email at [email protected].
(iv) The Client shall immediately inform the Company of any issues or difficulties it may have with the Product.
(v) The Client shall complete payment for the Product as set out in these T&Cs.
6.1. Assumption of Risk
The Client acknowledges that, as with any investment, there is an inherent risk associated.
The Client agrees to use its best judgment in applying the information provided in the Product, which is done at the Client’s own risk. It is the responsibility of the Client to discern the risk of using the Product and/or its content and the Client assumes responsibility for its actions, choices, or lack thereof, related to the Product.
As such, the Client agrees that there is no guarantee that the Client will attain its goals simply by watching and/or using any of the videos in the Product or attending group or private coaching sessions.
Nevertheless, the Client acknowledges that it can optimize its potential results from the Product by adhering to the following:
(i) Completion of and meaningful engagement with all Product material, including learning videos, workbooks and exercises etc.;
(ii) Taking full responsibility for the Client’s results before, during and after Using the Product; and
(iii) As part of the Product, the Client also provides feedback at the sole discretion of the Company, including but not limited to a survey or informational interviews, so that the Company can better tailor the recordings for future clients.
6.2. No Sharing
The Client cannot distribute, copy, forward, and/or share the Product or its content with anyone else. Any violations of this Clause 6.2 will be legally pursued to the fullest extent permitted by law.
The Client cannot share its password or login information with anyone. If the Client shares its password or login with anyone who did not purchase the Product, the Client will be removed from the Product immediately and no refund will be issued.
7. Payment
7.1. General Payment Terms and Late Payment Procedures
When the Client pays for the Product by credit or debit card, the Client authorizes and gives permission to the Company to charge the Client’s credit or debit card for the amount owed for payment of the Product.
When the Client purchases the Product, its information such as e.g. credit card details and contact information may be collected by the third-party merchant PayPal, Stripe, Kajabi, etc. (depending on the payment method chosen by the Client at checkout), who may have privacy policies or security practices that are different from those of the Company.
The Company is not responsible for the merchant’s independent policies or practices.
Payments for Private Mentorships are due on or before the due date agreed between the Client and the Company. Late payments will not be accepted. If a payment is not made on or before the due dates agreed between the Parties, the Company will send the Client an email with instructions on how to make immediate payment.
The Company will not perform any additional coaching for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
7.2. Payment Plan Terms and Failed Payment Procedures
When the Client chooses to purchase the Product via one of the Company’s payment plan options at checkout (hereinafter the “Payment Plan”), the Client consents to, authorizes and gives permission to the Company to automatically charge the Client’s credit card, debit card, or PayPal account as payment for the Product pursuant to the chosen payment plan to complete the total payment.
The Client will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization needed.
The Company will not contact the Client to seek any additional authorization, approval, or permission before charging each installment of the Payment Plan.
By choosing the Payment Plan, the Client agrees and understands that all payment installments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
7.2.1. Failed Payment Procedures
By signing up for the Payment Plan, the Client’s card will automatically be re-charged as set out in the agreed Payment Plan. Please plan accordingly.
If the Client’s payment-plan payment fails on the first attempt
In the event that the Client’s Payment Plan payment is not successfully made on the due date, the credit card will automatically be re-charged after a 2 day grace period to complete the payment for the Product.
If the Client’s card was accidentally not updated or available to be processed at the time the Company attempted the initial charge, the Client will have that 2 day grace period to update its card information without any penalty or losing access to the Product.
If the Client’s payment-plan payment fails on the second attempt:
The Client’s access to the Product will be temporarily suspended and the Client will not be able to access the Product at all until it successfully completes its payment. The Company will attempt to re-charge the Client’s credit card in 2 days.
If the Client’s payment-plan payment fails on the third attempt:
The Client’s access will still be suspended, pending successful completion of the Client’s owed late payment. In 2 days, the Company will attempt to charge the Client’s card.
If the Client’s payment-plan payment fails on the fourth and final attempt:
The fourth attempt is the final attempt to collect the Client’s payment before the matter is forwarded to collections. If the fourth payment fails, the Client will be permanently removed from the Product and no refund will be given.
When choosing the payment plan options, the Client consents to being responsible for all payments owed for the Product.
8. Refund Policy:
8.1. No Refunds
The Client is responsible for the full payment for the Product regardless of whether the Client completes or Uses the Product fully. The Company will do everything within its ability and within reason to ensure the Client’s satisfaction with the Product. The Company expects that the Client will do the same. Due to the downloadable nature of Online Courses, refunds will not be issued for Online Courses once it is purchased.
Refunds will also not be issued for coaching sessions already conducted inside Live Group Programs and Private Mentorships. If, for any reason, the Company is unable to fulfill its obligations regarding coaching sessions to the Client, the Client will be refunded in full for any part of the Product paid for but not rendered.
If the Client has any questions or concerns, or if there is anything the Company can do to make the Client’s experience a more pleasant one, please email Gabrielle Metz at [email protected].
8.2. No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment, e.g. PayPal or Stripe for any reason whatsoever related to the Product.
In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
9. Limitation of Liability
To the fullest extent permitted by law, the Company expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by the Client related to its purchase or Use of the Product, its content, the Company’s website, or any other information obtained by the Client from the Company.
By enrolling in the Product, the Client agrees to this limitation of liability and releases the Company from any and all claims.
The Company does not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Product or its content, due to any act, or failure to act, by the Client. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.
10. Indemnification
The Clients agrees to indemnify, and hold harmless the Company, its subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, losses, expenses, fees, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs that may be asserted against the Company by any third parties that results from, is related to or arises out of the Client’s purchase or Use of the Product, the Client’s acts and/or omissions or the Client’s breach of any obligation, warranty, covenant, or representation set forth in these T&Cs.
By purchasing and Using the Product, the Client agrees to release the Company from any and all claims, and further agree to at all times defend, indemnify, and hold harmless the Company as stated in this Clause 10.
11. Intellectual Property Ownership
The Product and its content shall be considered intellectual property owned by Gabrielle Metz and the Company. Other examples of intellectual property owned by the Company include, but are not limited to: videos, audio files, workbooks, content prompts, trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, and all of the Company’s paid products (collectively referred to as “Intellectual Property”).
Any violations of this Clause 11, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
The Company’s Intellectual Property may not be used in connection with the sale or distribution of any product, program, and/or service offered by the Client, directly or indirectly, without the prior written consent of the Company.
Misappropriation or unauthorized use of the Company’s Intellectual Property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against the Client in an effort to recover damages and/or protect the Company’s intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its Intellectual Property by the Client, the Client’s representatives, assigns, contractors, employees, or acquaintances.
11.1 Limited License
The Company grants only a limited, personal, non-exclusive and non-transferable license to the Client to use the Intellectual Property.
The Client acknowledges that its purchase of this Product is for its individual use.
If the Client is also a business owner or professional in a similar industry as the Company, the Client shall not misappropriate any of the Company’s Intellectual Property and proprietary information in the following manner: (i) teaching the Client’s clients/customers/audience any of the information, methods, solutions, or formulas owned by the Company and passing it off as the Client’s own; (ii) copying any of the Company’s Product content and/or material for the Client’s commercial use; (iii) copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Products or Intellectual Property owned by the Company in either whole or part without prior written consent.
12. Confidential Information
These T&Cs are considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either Party throughout the Term and for a period of five (5) years after the expiration or termination of these T&Cs for any reason.
Confidential Information includes, but is not limited to, information disclosed in connection with these T&Cs, and shall not include information rightfully obtained from a third party (“Confidential Information”).
Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information.
The obligation of the Parties hereunder to hold the Confidential Information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of these T&Cs.
12.1. Permitted Disclosure
Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.
13. Testimonials
13.1. Photograph and Testimonial Release
The Client grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's Use of the Product for the purposes of promoting and marketing the Product across social media, advertisements, the Company’s website, and to the Company’s future clients.
The Client understands that it will not receive any compensation for use of its likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share its name or identifying information.
13.2. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by the Company are simply that: examples. These are not guarantees that the Client will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that the Client will experience the same results as another client of the Company.
The Company does not make any assurances as to any particular financial-based outcome based on the Use of the Product. The Company is not responsible for the success or failure of the Client’s business, business decisions, income, sales, or any other result of any kind that the Client may have as a result of its Use of the Product.
13.3. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
The Company does not offer any representations, guarantees, or warranties, of any variety, regarding the Product in any way including, but not limited to, the Client’s future income, sales, potential, profitability, or losses derived as a result of the Client’s Use of the Product.
The Product is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. The Company is not liable for damages of any kind related to the Client’s Use of the Product.
14. Data Protection
14.1. Personally-identifying Information
Should the Client choose to share its personally-identifying information with the Company, the Client acknowledges and understands that the Company will take reasonable measures to protect that personally-identifying information, such as not sharing the Client’s personally-identifying information with anyone else. The Client acknowledges that the Company is not responsible or liable for any of its service providers’ breaches in data security and/or privacy protections.
14.2. Privacy Policy
Please refer to the Company’s Privacy Policy available on the Company’s website www.thecontentyogi.com for information on how the Company collects, uses and discloses information from its clients. The Client acknowledges and agrees that its Use of the Product is subject to the Company’s Privacy Policy.
14.3. Links to Third Party Websites or Resources
The Product may contain links to third-party websites or resources. The Company provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. The Client acknowledges sole responsibility for and assumes all risk arising from use of any third-party websites or resources.
14.4. Recording Sessions
The Company will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Company without the Company’s prior written consent.
15. Governing Law and Venue
15.1. Governing Law
These T&Cs and any non-contractual obligations arising out of or in connection with them will be governed by the laws of New Zealand without regard to the conflict of law provisions.
15.2. Venue
In the event of any dispute, claim or controversy arising out of or in connection with these T&Cs, or any non-contractual obligations arising out of or in connection with it, the Parties shall try to settle any such dispute, claim or controversy amicably on a good faith basis. Any complaint or issue arising as result of the Client’s Use of the Product should be directed via email to Gabrielle Metz at [email protected].
If the Parties are unable to solve the dispute within reasonable time, the Parties agree that the dispute shall be brought before the courts of New Zealand.
16. Miscellaneous
16.1. Amendments
The Company reserves the right to amend these T&Cs from time to time. Any amendments will be communicated to the Client in writing.
16.2. Severability
If any portion of these T&Cs is held to be unenforceable, it shall not affect the remaining portions of these T&Cs, which shall remain in full effect. If any portion of these T&Cs is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the Parties. If the unenforceable portion of these T&Cs is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the Parties, and all other provisions shall remain in full force and effect.
16.3. Force Majeure
In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, governmental travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under these T&Cs, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.
16.4. Entire Agreement
These T&Cs reflect the entire agreement between the Client and the Company and trump any other existing negotiations, communications or agreements between the Parties, whether written, oral, or electronic, and are the full extent of the agreement between the Parties.
16.5. All Rights Reserved
All rights not expressly granted in these T&Cs are reserved by the Company.
By purchasing and/or Using the Product, the Client implicitly signifies its agreement to all of the terms in these T&Cs.
If the Client has any questions about the T&Cs, please contact Gabrielle Metz at [email protected].
Thank you.
Last updated: November 2023
