Product Agreement

BE By Design

1. 1. Terms and Conditions – Dr Christine McKee doing business as BE by Design (the “Provider”) agrees to provide you with access to Pick and Mix Modules and/or the Membership/s (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.

    

   2.  Effective Date - This Agreement shall be effective upon purchase by the Participant of the Program and shall be enforceable between the parties starting on that purchase

    

   3.  Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, quizzes, live training sessions, recorded webinars, tele classes, activities, podcasts, interviews, feedback forms, and/or private discussion groups. These features may be further described on a sales page, checkout page or in other promotional content and are incorporated into this Agreement by reference. 

    

   4.  Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. Any multiple user licenses must be approved separately by the Provider in writing and additional payment may be required.  All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. The Participant further agrees to not create any derivative work based upon the Program and shall not offer any competing products or services based upon any information contained in the Program. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.

    

   5.  Use of Free Downloadable Content - The Provider provides various free resources (the “Free Content”) on this Website, which a Participant may access. The Provider grants the Participant a limited, personal, non-exclusive, non-transferable license to use the Free Content resources provided for the Participant’s personal or internal business use only. Except as otherwise provided, the Participant acknowledges and agrees that they have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.

    

   By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Provider.

    

   By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

    

   6.  Copyright - The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations, and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.

    

   7.  Pick and Mix Modules and / or Membership/s Registration – The Participant agrees to provide true, accurate, current, and complete information as prompted by any registration or purchase form and to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under the If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Provider may suspend or terminate Program access without refund.

    

   8.  Removal from the Membership - The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees paid.

    

   9.  Content Release - The Participant understands that their voice, image, and likeness, may be recorded during parts of the Program that involve their participation. The Participant hereby consents to the use of any such recordings in connection with the delivery of the Program and hereby grant to the Provider the full and complete right in perpetuity, to use such materials in the delivery of the Program.

    

   10.  Fees for Pick and Mix Modules – The fees for Pick and Mix Modules shall be as set out in the Program website and offers from time to time. The Participant will be charged based on the price advertised on the Effective Date of purchase. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider. The Participant will have access to the version of the Product purchased for the lifetime of the Business.

    

   11.  Membership Fees and Renewals – If the Participant has subscribed to a Membership site or program as a component of the Program, the Participant agrees to the following terms of Membership subscription:

    

   1. Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 14 or refunded under the money-back guarantee in Clause 13, all monthly or annual Membership plans of the Program shall automatically renew at the end of each membership period.
   2. Membership Pricing – The Provider agrees not to change the monthly or annual Membership fees for the time that a Participant is in good standing. Members who leave and rejoin the Membership will be charged at the current rate of the Membership.
   3. Monthly Membership – On the monthly Membership, the Participant agrees to join the Membership on a month-by-month basis. There is no provision to put the monthly Membership on hold. The Participant shall be entitled to cancel the monthly Membership in accordance with the cancellation policy in Clause 13. Access to the Membership materials is only available for the duration of paid Membership.

    

   12.  Payment – By purchasing a Program with a one-off payment for Pick and Mix Modules, or a payment plan with recurring Membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing Membership fees or payments owing as determined by the provisions of this Agreement.

    

2. The Participant represents and warrants that all details provided for the purpose of purchasing the Program from the Provider will be correct, that the credit or debit card, or account or other payment method used is the Participant’s and that there are sufficient funds or credit facilities to cover the cost of the Program. The Provider reserves the right to obtain validation of payment details before providing the Participant with the product.

    

   If payment is dishonored or reversed for any reason after it has been submitted, the Participant must immediately arrange for an alternative form of payment. Access to the Product will commence upon successful completion of payment/s (one off and / or recurring).

    

   13.  Money Back Guarantee and Refund Policy for The Program – The Provider wants you to be happy and satisfied with your purchase/s, and we provide a 14-day money back guarantee.

    

   To obtain a refund for any paid products in the Program (Pick and Mix Modules and the Membership/s), the Participant must request their money back within 14 calendar days of the initial purchase date. You may request your money back by emailing [email protected].

    

   The email refund request must contain information about the program purchased, the date of the purchase, and the email and name associated with any such purchase.

    

   The Participant is not required to submit any proof that you have completed any work or meet any other requirements. If the Participant requests a refund within the applicable time period with the required information, the Provider will rescind access to the product or will request that it be returned and will give you a full refund through our payment processing system.

    

   If the Participant receives a refund to a digital product or program purchased, the refund shall immediately terminate all licenses granted to use the material provided. The Participant shall immediately cease using the material and shall destroy all copies of the information provided, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

    

   The refund will be processed at the Provider end, within 7 business days, via the original payment method.

    

   14.  Cancellation Policy – If the Participant has subscribed to a Membership site as a component of the Program, the Participant agrees to the following terms of the cancellation policy:

    

   1. Monthly Membership – To avoid being charged for an upcoming recurring payment, the Participant must provide a minimum of 2-business days notice prior to the recurring payment date, in writing, via email, to [email protected] of their wish to cancel their monthly Membership. The email must contain information about the program purchased, the date of the purchase, and the email and name associated with any such purchase.

    

   Your Membership shall continue until the end of the current Membership period (monthly). 

    

   15.  Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.

    

   16.  Privacy – The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in the Province of Alberta and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available here. In addition to receiving applicable Program correspondence via email or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program.  The Participant may unsubscribe from any such marketing lists without affecting access to the Program.

    

   17.  Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors, and participation in any social media groups or chats, and shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.

    

   You acknowledge and agree that you have not retained BE by Design to give professional advice and at no time does participating in any of the resources (free or paid), products, services, and/or membership/s constitute therapy or medical advice, nor does it constitute a therapist / licensed health practitioner:client relationship. The information shared in the Program should not be considered a substitute for professional advice. If you have any concerns regarding your health or mental state, at any time, including when completing any tool, strategy, and/or technique from any of the free or paid products, services and/or membership/s, it is recommended that you seek support from a licensed mental health practitioner, medical doctor, and/or other appropriate expert/s, if needed.

    

   18.  Legal Disclaimer - Licensing Body Compliance - As Dr Christine McKee is a registered psychologist in Australia under the Australian Health Practitioner Regulation Agency, to be compliant with her applicable code of ethics, product and service offerings are not intended for use by any person/s who have specifically been in a clinical-setting therapist:client relationship (past or present) with Dr Christine McKee, in Australia. If you have been in any such relationship, you are NOT PERMITTED to opt-in to receive emails or resources, to download or access any free or paid products, services, and/or membership/s. If you do access any such resources contrary to this prohibition, you will be removed from access, monies paid will be refunded to you, and any personal data shared will be permanently deleted.

    

   19.  Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.

    

   20.  Limitation of Liability - Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.

    

   21.  Disclaimer of Warranties - The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavors to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.

    

   22.  Release and Indemnity - The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents, or licensors from and against any claims, losses, judgments, damages, costs, and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents, or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.

    

   23.  Governing Law and Jurisdiction - The Program is operated by the Provider within the Province of Alberta, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of [Alberta, with respect to all matters relating to their access to and use of the Program.

    

   24.  Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at [email protected]

    

   25.  Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.

    

   Last Updated: 21 July 2024