Terms and Conditions | Privacy Policy

Welcome to www.MichelleEveringham.com, a website operated by Designs On Life (“DOL”). We are committed to maintaining strong privacy protections for our users (“User” or “Users”). Our Terms & Conditions and Privacy Policy is in place to help you understand how we collect, use and safeguard the information you provide to us.

Your privacy is important to us. This Privacy Notice describes the information we collect and how we use that information. Our Privacy Notice is applicable if you have ever submitted personal information to us.

By accepting our Privacy Policy, you consent to our collection, storage, use and disclosure of your personal information described.

PRIVACY POLICY

You agree we will collect and manage your personal information supplied to us in accordance with our Privacy Policy.

www.MichelleEveringham.com is a trading name of Designs On Life, which is primarily a coaching and development, and consulting business, providing personal and professional coaching and consulting services to individuals, professionals and businesses.

HOW YOUR INFORMATION IS USED/STORED

Generally speaking, we use personal information for purposes of administering our business activities, providing customer service, weekly email marketing/inspirational emails and making available other items and services to our customers and prospective customers.

DOL will not obtain personally identifying information about you when you visit our site, unless you choose to purchase a product/service or opt in to receive marketing from us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

EMAIL POLICIES

We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless strictly compelled to do so by law.

We will use your e-mail address to email you marketing and inspirational content. This may or may not include affiliate emails. We are affiliates for many exceptional resources and if you purchase through our affiliate links, we may receive a commission and/or other non-financial compensation. We only ever share products, programs or personal recommendations with you from businesses we know and trust.

It is recommended that you always do your own due diligence and use your own judgement when making buying decisions and investments in your business.

We will maintain the information you send via email in accordance with applicable federal law.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

We do not intentionally gather personal information from visitors who are under the age of 13.

OPT OUT

All emails sent from our organization will clearly state who the email is from.

Users who no longer wish to receive our emails, newsletters or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Notwithstanding the above, we may send periodic emails informing you of technical service issues related to a service you requested.

In addition, we reserve the right to contact you regarding changes to this Privacy Notice or any other policies or agreements relevant to your use of this website.

USE OF EXTERNAL LINKS

www.MichelleEveringham.com may contain links to many other websites. DOL cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by DOL do not constitute an endorsement by DOL or any of its employees of the sponsors of these sites or the products or information presented therein.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

USE OF SERVICES

TERMS OF USE

These Terms of Use (“terms”) cover your use of the website located at www.MichelleEveringham. (website) and you accept the terms from time to time whenever you access this website. Accessing the website forms a contract between Designs On Life (ABN 37 967 025 404) (us, me, we our)and any persons who access the website (you).

The information provided on this website and in our courses, events, and webinars is not financial nor investment advice, we do not conduct a financial services business and we do not recommend financial products. We do not hold an Australian Financial Services Licence.

Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.

We grant you a non-exclusive, worldwide, non-transferable licence to use this website in accordance with the terms and conditions set out in this agreement.  You may access the website using a publicly available web browser and you may print a copy of any page within the side for your personal, non-commercial use.

You acknowledge and agree that we may alter or cease the operation of the website at any time in our sole discretion and the website may be unavailable from time to time, including for maintenance purposes. We may terminate your licence to use this website without notice if you breach these Terms and Conditions.

 

DOL does not allow its service to be used for illegal activities or activities that DOL deems improper for any reason whatsoever at its sole judgment. DOL reserves the right to take preventive or corrective actions to protect itself and its customers, subscribers, and users. DOL reserves the right to revise or make exceptions to this policy at any time in order to reflect changing customer and business needs. DOL reserves the right to refuse service to anyone, or to refuse to perform any type of service, at any time. Known malicious or fraudulent use of the services is not allowed.

Users must truthfully and accurately represent its identities in subscribing and using the DOL’s services. The user warrants that it is truthfully representing their/its identity and agrees to release and hold DOL harmless for any loss or damage to the user resulting from a false or inaccurate representation of identity. The user further agrees to indemnify DOL against any loss or damage caused to DOL resulting from fraudulent or malicious representations of identity made by the user to DOL.

DATA SECURITY

We have the highest commitment to data security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

"COOKIE" POLICY

To help ensure we are publishing content users need and want, we collect aggregated site visitation statistics using cookies. We do not track individuals' use of the Website. When someone visits the Website, a cookie is placed on the visitor's machine (if the visitor accepts the cookies). If you choose not to have your browser accept cookies from our Website, you will not be able to subscribe to the service offerings on the Web site.

CHANGES TO THIS PRIVACY NOTICE

Because circumstances and technologies change, we reserve the right to change this Privacy Notice at any time. Changes will come into effect the date the updated Terms and Conditions are posted to the website.

WHO DO YOU CONTACT WITH QUESTIONS?

If you have any questions about this Privacy Notice and or the Terms and Conditions please contact us via email at info@MichelleEveringham.com.

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Participation Agreement for Live Events, Webinar's and Workshops (the “Program”)

I, the Participant (the “Participant) of Michelle Everingham’s event, webinar, masterclass and/or workshop (the “Program), either in-person or online (the "Venue"), hereby acknowledge that I have voluntarily chosen to participate in the Program.

In consideration of my participation in the Program, I represent, warrant and agree, as follows:

My attendance at the Program is for the sole and exclusive benefit of my own personal and professional development, and I affirm that I freely and voluntarily choose to participate in the Program. No promises or warranties of any benefits or particular results have been made to me or have influenced me to enter into this agreement or participate in this Program. I shall comply with all Program and Venue rules and regulations, and will conduct myself in a manner that will not disrupt the smooth functioning of the Program.

I am presently in good mental and physical health. I understand that the Program is not a substitute for professional treatments of any kind. I agree that I shall, at my own expense, obtain any appropriate medical treatment that may be necessary while I am attending the Program. If Susan Epstein ("Leader") or other staff assisting with the Program determine in their discretion that a medical emergency exists, I authorize them to obtain medical treatment for me at my expense.

I agree that the Program is an educational process and that maximum benefit is gained when participants freely and fully examine for themselves the ideas presented and evaluate these ideas in light of their understanding and experience.

I agree that the Leader offering the Program is an individual dedicated to benefiting the individual, society and the world through their Program related activities, and that all of their resources and energy devoted to these activities are used to fulfill these valuable purposes. I agree to take full responsibility for my participation in the Program and the results arising from such participation. I agree not to bring any legal actions against the Leader or any affiliated organizations (collectively, the "Parties") for any negligent or non-intentional acts or omissions, and I release the Parties, their agents and employees from all such claims and damages, and for all breaches of express and implied warranties. Any of the Parties shall be entitled to enforce this provision of the Agreement by injunctive relief as well as be entitled to any other legal or equitable remedy.

I represent that everything that I have expressed in this Agreement is accurate and true, and I agree to compensate and indemnify the Parties for any loss or damages from my breach of any other provisions of this Agreement.

Mediation and Arbitration: Should any issue or claim arise between the Parties, both agree to seek in good faith to resolve such issue or claim through negotiation using, if necessary, the assistance of a mutually agreed upon third party mediator. If such negotiations are not successful, any controversy or claim arising out of or relating to this Agreement or any breach or default under this Agreement, shall, with respect to all claims pertaining to such controversy, claim, breach, or default (except any action for equitable relief with respect thereto), be settled by arbitration in Sydney, New South Wales, Australia, on a confidential basis, in accordance with the then-prevailing rules of government in Australia. The arbitrator shall have the discretion to determine the appropriate scope and schedule of discovery. The arbitrator shall not contravene or vary in any respect any of the terms or provisions of this Agreement. The award of the arbitrator shall be final and binding upon the parties hereto, and judgment upon any award rendered therein may be entered and enforced in any court of competent jurisdiction. Neither this arbitration provision nor a pending arbitration shall prevent a party from seeking or obtaining injunctive relief or any matter at any time.

I agree that this Agreement can only be changed by a written modification signed by both parties. If any provision of this Agreement is found to be invalid, this shall not affect the validity of the remaining provisions. I hereby agree that I may not assign my rights and obligations under this Agreement to any party.

I have read and understand everything in this Agreement.

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Videography & Photography Release Agreement

I hereby expressly grant to Designs On Life and to its officers, employees, agents,  and assignees a worldwide licence to use photographs/video/audio impressions of me recorded by Designs On Life at the Event, Webinar, Masterclass and/or Workshop (the “Program), and to use the photographs and video and my voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including in any still image, videotaped image, DVDs and/or other analogue or digital means), in connection with or as part of any presentation, program, publication, product, transmission or other professional endeavour. I understand that these images/sounds may be used for commercial, educational or promotional purposes.

I waive all rights of copyright or ownership in or to the resulting commercial or educational and informational materials in which I appear and acknowledge no monetary or other compensation is provided in exchange for waiving this right.

 

Copyright Notice: The materials and resources used in this program are the property of Designs On Life unless otherwise stated. No part of any documents received can be stored, reproduced or transmitted in any form or by any means (electronic, photographic or mechanical), recorded, translated or used to produce any derivative works without explicit permission from Designs On Life.

I hereby certify that I have read the foregoing and understand the meaning and effect thereof and intend to be legally bound by this agreement.