Terms & Conditions

Terms of Use and Site Conditions 

The following Terms of Use are entered by and between you and Kirstin Schwartz – New Confidence Career Consultant (“Company,” “we,” or “us”). 

These Website Standard Terms and Conditions (these “Terms” or these “Website  Standard Terms and Conditions”) contained herein on this webpage, shall govern  your use of this website, including all pages within this website (collectively referred  to herein below as this “Website”). These Terms apply in full force and effect to your  use of this Website and by using this Website, you expressly accept all terms and  conditions contained herein in full. You must not use this Website, if you have any  objection to any of these Website Standard Terms and Conditions. 

This Website is not for use by any minors (defined as those who are not at least 16 years of age), and you must not use this Website if you a minor. By agreeing to use  this website, you confirm that you are at least 16 years old. 

Variation or Changes to Terms 

New Confidence Career Consulting is permitted to revise these Terms at any time as  it sees fit, and by using this Website you are expected to review such Terms on a  regular basis to ensure you understand all terms and conditions governing use of  this Website.

Privacy 

Your use of the Website is also subject to our Privacy Policy. Please review our  Privacy Policy, which also governs the Website and informs users of our data  collection practices. Your agreement to the Privacy Policy is hereby incorporated into  these Terms of Use. 

Disclaimer 

Your use of the Website is also subject to the Company’s Disclaimer. Please review  our Disclaimer, which also governs the Website and informs users of various  limitations regarding the information provided on the Website. Your agreement to the  Disclaimer is hereby incorporated into these Terms of Use. 

Access and Account Security 

We reserve the right to withdraw or amend this Website and any service or material  we provide on the Website in our sole discretion without notice. We will not be liable  if for any reason all or any part of the Website is unavailable at any time or for any  period. From time to time, we may restrict access to some parts of the Website, or  the entire Website, to users, including registered users. 

To access the Website or some of the resources it offers, you may be asked to  provide certain registration details or other information. It is a condition of your use of  the Website and any resources downloaded from the Website that all the information  you provide on the Website is correct, current, and complete. You agree that all  information you provide to register with this Website or otherwise, including but not  limited to, using any interactive features on the Website, is governed by our Privacy  Policy, and you consent to all actions we take with respect to your information  consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password, or any other piece of  information as part of our security procedures, you must treat such information as  confidential, and you must not disclose it to any other person or entity. You also  acknowledge that your account is personal to you and agree not to provide any other  person with access to this Website or portions of it using your user name, password,  or other security information. You agree to notify us immediately of any unauthorized  access to or use of your user name or password or any other breach of security. You  also agree to ensure that you exit from your account at the end of each session. You  should use caution when accessing your account from a public or shared computer 

so that others are not able to view or record your password or other personal  information. 

We have the right to disable any user name, password, or other identifier, whether  chosen by you or provided by us, at any time in our sole discretion for any or no  reason, including if, in our opinion, you have violated any provision of these Terms of  Use. 

Intellectual Property Rights 

You are granted a non-exclusive, non-transferable, revocable license to access and  use the Website and the resources available for download from the Website strictly  in accordance with these Terms of Use. 

As a condition of your use of the Website, you warrant to the Company that you will  not use the Website or any of the resources available for download from the Website  for any purpose that is unlawful or prohibited by these Terms. You may not use the  Website or any of the resources available for download from the Website in any  manner that could damage, disable, overburden, or impair the Website or interfere  with any other party’s use and enjoyment of the Website. You may not obtain or  attempt to obtain any materials or information through any means not intentionally  made available or provided for through the Website. 

All content included as part of the Service, such as text, graphics, logos, images, as  well as the compilation thereof, and any software used on the Website, is the  property of the Company or its suppliers and protected by copyright and other laws  that protect intellectual property and proprietary rights. You agree to observe and  abide by all copyright and other proprietary notices, legends or other restrictions  contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or  sale, create derivative works, or in any way exploit any of the content, in whole or in  part, found on the Website or any of the resources available for download from the  Website. 

The Company content is not for resale. Your use of the Website or any of the  resources available for download from the Website does not entitle you to make any  unauthorized use of any protected content, and you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content  solely for your individual use and will make no other use of the content without the  express written permission of the Company and the copyright owner. You agree that 

you do not acquire any ownership rights in any protected content. We do not grant  you any licenses, express or implied, to the intellectual property of the Company or  our licensors except as expressly authorized by these Terms. 

The Company name, the Company logo, the Company slogan, and all related  names, logos, product and service names, designs, and slogans are trademarks of  the Company or its affiliates or licensors. You must not use such marks without the  prior written permission of the Company. All other names, logos, product and service  names, designs and slogans on this Website are the trademarks of their respective  owners. 

Other than content you own, which you may have opted to include on this Website,  under these Terms, Kirstin Schwartz – New Confidence Career Consulting and/or its  licensors own all rights to the intellectual property and material contained in this  Website, and all such rights are reserved. 

You are granted a limited license only, subject to the restrictions provided in these  Terms, for purposes of viewing the material contained on this Website. 

Restrictions 

You are expressly and emphatically restricted from the following: 

  1. Publishing any Website material in any media
  2. Selling, sublicensing and/or otherwise commercializing any Website material 3. Publicly performing and/or showing any Website material 
  3. Using this Website in any way that is, or may be, damaging to this Website 5. Using this Website in any way that impacts user access to this Website 6. Using this Website contrary to applicable laws and regulations, or in a way  

that causes, or may cause, harm to the Website, or to any person or business  entity 

  1. Engaging in any data mining, data harvesting, data extracting or any other  similar activity in relation to this Website, or while using this Website 8. Using this Website to engage in any advertising or marketing 

For Educational and Informational Purposes Only 

As set forth more fully in the Disclaimer, the information contained on this Website  and the resources available for download through this Website are for educational  and informational purposes only. The information contained on this Website and the  resources available for download through this Website is not intended as, and shall 

not be understood or construed as legal, financial, tax, medical, health, or any other  professional advice. 

Accuracy and Personal Responsibility 

As set forth more fully in the Disclaimer, we have done our best to ensure that the  information provided on this Website and the resources available for download are  accurate and provide valuable information, but we cannot guarantee the accuracy of  the information. Neither the Company nor any of its owners or employees shall be  held liable or responsible for any errors or omissions on this Website or for any  damage you may suffer as a result of failing to seek competent advice from a  professional who is familiar with your situation. 

By using this Website, you accept personal responsibility for the results of your  actions. You agree to take full responsibility for any harm or damage you suffer as a  result of the use, or non-use, of the information available on this Website or the  resources available for download from this Website. You agree to use judgment and  conduct due diligence before taking any actions or implementing any plans or policy  suggested or recommended on this Website. 

No Guarantees as to Results 

As set forth more fully in the Disclaimer, you agree that the Company has not made  any guarantees about the results of taking any action, whether recommended on this  Website or not. The Company provides educational and informational resources that  are intended to help users of this Website succeed. You nevertheless recognize that  your ultimate success or failure will be the result of your own efforts, your particular  situation, and innumerable other circumstances beyond the control and/or  knowledge of the Company. 

You also recognize that prior results do not guarantee a similar outcome. Thus, the  results obtained by others – whether clients of the Company or otherwise – applying  the principles set out in this Website are no guarantee that you or any other person  or entity will be able to obtain similar results. 

For services, products, or courses purchased through JH Marketing Results, LLC,  there are no refunds of any kind. All monies paid are non-refundable and non transferable. Details are outlined in additional contracts for private one-on-one  customers. 

Email and Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic  communications. You consent to receive electronic communications and you agree  that all agreements, notices, disclosures, and other communications that we provide  to you electronically, via email and on the Website, satisfy any legal requirement that  such communications be in writing. 

We would be pleased to communicate with you by e-mail, and there are various  places on this Website that provide you the ability to send an electronic  communication to the Company. Any such email or other electronic communication,  however, does not create a business relationship or any contractual relationship. As  set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that  any communications remain confidential, but we cannot guarantee the security of  such communications and cannot guarantee that we would not be required to  disclose such communications as a result of a court order. 

Use of Communication Services 

The Website may contain bulletin board services, chat areas, news groups, forums,  communities, personal web pages, calendars, blog comment sections and/or other  message or communication facilities designed to enable you to communicate with  the public at large or with a group (collectively, “Communication Services”), you  agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, you agree that when using a  Communication Service, you will not: defame, abuse, harass, stalk, threaten or  otherwise violate the legal rights (such as rights of privacy and publicity) of others;  publish, post, upload, distribute or disseminate any inappropriate, profane,  defamatory, infringing, obscene, indecent or unlawful topic, name, material or  information; upload files that contain software or other material protected by  intellectual property laws (or by rights of privacy of publicity) unless you own or  control the rights thereto or have received all necessary consents; upload files that  contain viruses, corrupted files, or any other similar software or programs that may  damage the operation of another’s computer; advertise or offer to sell or buy any  goods or services for any business purpose, unless such Communication Service  specifically allows such messages; conduct or forward surveys, contests, pyramid  schemes or chain letters; download any file posted by another user of a  Communication Service that you know, or reasonably should know, cannot be legally  distributed in such manner; falsify or delete any author attributions, legal or other  proper notices or proprietary designations or labels of the origin or source of 

software or other material contained in a file that is uploaded, restrict or inhibit any  other user from using and enjoying the Communication Services; violate any code of  conduct or other guidelines which may be applicable for any particular  Communication Service; harvest or otherwise collect information about others,  including e-mail addresses, without their consent; violate any applicable laws or  regulations. 

The Company has no obligation to monitor the Communication Services. However,  the Company reserves the right to review materials posted to a Communication  Service and to remove any materials in its sole discretion. The Company reserves  the right to terminate your access to any or all of the Communication Services at any  time without notice for any reason whatsoever. 

The Company reserves the right at all times to disclose any information as  necessary to satisfy any applicable law, regulation, legal process or governmental  request, or to edit, refuse to post or to remove any information or materials, in whole  or in part, in the Company’s sole discretion. 

Always use caution when giving out any personally identifying information about  yourself in any Communication Service. The Company does not control or endorse  the content, messages or information found in any Communication Service and,  therefore, the Company specifically disclaims any liability with regard to the  Communication Services and any actions resulting from your participation in any  Communication Service. Managers and hosts are not authorized the Company  spokespersons, and their views do not necessarily reflect those of the Company. 

Materials uploaded to a Communication Service may be subject to posted limitations  on usage, reproduction and/or dissemination. You are responsible for adhering to  such limitations if you upload the materials. 

Materials Provided to The Website 

The Company does not claim ownership of the materials you provide to the Website  (including feedback and suggestions) or post, upload, input or submit to any Website  or our associated services (collectively “Submissions”). However, by posting,  uploading, inputting, providing, or submitting your Submission you are granting the  Company, our affiliated companies, and necessary sub-licensees permission to use  your Submission in connection with the operation of their Internet businesses  including, without limitation, the rights to: copy, distribute, transmit, publicly display,  publicly perform, reproduce, edit, translate, and reformat your Submission; and to  publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as  provided herein. The Company is under no obligation to post or use any Submission  you may provide and may remove any Submission at any time in the Company’s  sole discretion. 

By posting, uploading, inputting, providing, or submitting your Submission you  warrant and represent that you own or otherwise control all of the rights to your  Submission as described in this section including, without limitation, all the rights  necessary for you to provide, post, upload, input or submit the Submissions. 

Links to Third Party Websites and Services 

The Website may contain links to other Websites (“Linked Websites”). The Linked  Websites are not under the control of the Company and the Company is not  responsible for the contents of any Linked Website, including without limitation any  link contained in a Linked Website, or any changes or updates to a Linked Website.  The Company is providing these links to you only as a convenience, and the  inclusion of any link does not imply endorsement by the Company of the Website or  any association with its operators. 

Certain services made available via the Website are delivered by third-party  Websites and organizations. By using any product, service, or functionality  originating from the Website, you hereby acknowledge and consent that the  Company may share such information and data with any third party with whom the  Company has a contractual relationship to provide the requested product, service, or  functionality on behalf of the Website’s users and customers. 

Use of Templates and Forms 

The Company provides various templates and/or forms for download and/or sale on  this Website. The Company grants you a limited, personal, non-exclusive, non transferable license to use our templates and/or forms for your own personal or  internal business use. Except as otherwise provided, you acknowledge and agree  that you have no right to modify, edit, copy, reproduce, create derivative works of,  reverse engineer, alter, enhance or in any way exploit any of the templates and/or  forms in any manner, except for modifications in filling out the templates and/or  forms for your authorized use. 

By ordering or downloading Forms, you agree that the Forms you purchase or  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 Company.

Use of Paid Courses, Consulting, Programs, and Associated Material 

The Company from time-to-time provides various courses, programs, and associated  material for sale on this Website. The Company grants you a limited, personal, non exclusive, non-transferable license to use our courses, consulting, programs, and  associated material (collectively the “Courses / Consulting”) for your own personal or  internal business use. Except as otherwise provided, you acknowledge and agree  that you have no right to modify, edit, copy, reproduce, create derivative works of,  reverse engineer, alter, enhance or in any way exploit any of the Courses /  Consulting in any manner. 

By ordering or participating in Courses / Consulting, you agree that the Courses /  Consulting you purchase or 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 Company. 

By ordering or participating in Courses / Consulting, you further agree that you shall  not create any derivative work based upon the Courses / Consulting and you shall  not offer any competing products or services based upon any information contained  in the Courses / Consulting. 

Use of Free Downloadable Content 

The Company provides various resources on this Website, which users may access  by providing an e-mail address. The Company grants you a limited, personal, non exclusive, non-transferable license to use our resources provided in exchange for an  email address (the “Freemium Content”) for your own personal or internal business  use. 

Except as otherwise provided, you acknowledge and agree that you have no right to  modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,  enhance or in any way exploit any of the Freemium Content in any manner. 

By downloading the Freemium Content, you agree that the Freemium 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 Company. 

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

Guests 

The Company may, from time to time, provide information from a third party in the  form of a podcast guest interview, interview on other platform, guest blog post, or  other medium. The Company does not control the information provided by such  third-party guests, is not responsible for investigating the truth of any information  provided and cannot guarantee the veracity of any statements made by such guests. 

Individuals who agree to appear as guests on any podcast offered by the Company  agree to transfer all intellectual property rights, they may have in any such interviews  to the Company and further provide a license to any rights they are unable to assign. 

Cancellation of Subscription 

Certain of the Company’s products and services are offered on an ongoing basis  with a monthly or yearly subscription. Users may cancel subscriptions at any time by  emailing hello@newconfidence.com.au 

Your subscription shall continue until the end of the existing subscription period and  shall terminate at the completion of that period. You shall not be charged after a  cancellation. 

No Warranties 

The company makes no warranties regarding the performance or operation of this  website. The company further makes no representations or warranties of any kind,  express or implied, as to the information, contents, materials, documents, programs,  products, books, or services included on or through this website. To the fullest extent  permissible under the law, the company disclaims all warranties, express or implied,  including implied warranties of merchantability and fitness for a particular purpose. 

Limitation of Liability 

You agree to absolve the company of any and all liability or loss that you or any  person or entity associated with you may suffer or incur as a result of use of the  information contained on this website and/or the resources you may download from  this website. You agree that the company shall not be liable to you for any type of  damages, including direct, indirect, special, incidental, equitable, or consequential  loss or damages for use of this website. 

The information, software, products, and services included in or available through  the website may include inaccuracies or typographical errors. Changes are 

periodically added to the information herein. The company and/or its suppliers may  make improvements and/or changes in the website at any time. 

The company and/or its suppliers make no representations about the suitability,  reliability, availability, timeliness, and accuracy of the information, software, products,  services, and related graphics contained on the website for any purpose. To the  maximum extent permitted by applicable law, all such information, software,  products, services, and related graphics are provided “as is” without warranty or  condition of any kind. The company and/or its suppliers hereby disclaim all  warranties and conditions with regard to this information, software, products,  services and related graphics, including all implied warranties or conditions of  merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the company  and/or its suppliers be liable for any direct, indirect, punitive, incidental, special,  consequential damages or any damages whatsoever including, without limitation,  damages for loss of use, data or profits, arising out of or in any way connected with  the use or performance of the website, with the delay or inability to use the website  or related services, the provision of or failure to provide services, or for any  information, software, products, services and related graphics obtained through the  website, or otherwise arising out of the use of the website, whether based on  contract, tort, negligence, strict liability or otherwise, even if the company or any of its  suppliers has been advised of the possibility of damages. Because some  states/jurisdictions do not allow the exclusion or limitation of liability for consequential  or incidental damages, the above limitation may not apply to you. If you are  dissatisfied with any portion of the website, or with any of these terms of use, your  sole and exclusive remedy is to discontinue using the website. 

Arbitration 

You hereby expressly waive any and all claims you may have, now or in the future,  arising out of or relating to this Website, the Company, any and all contracts you  enter into with the Company, and any and all of the Company’s products and  services. 

To the extent that you attempt to assert any such claim, you hereby expressly agree  to present such claim only through binding arbitration to occur in Virginia. You further  agree to and do hereby waive any right to class arbitration and agree, instead, to  conduct an arbitration related solely to any individual claims you and/or any entity  related to you asserts against the Company. To the fullest extent permissible by law, 

you further agree that you shall be responsible for all costs associated with initiating  the arbitration and for the administration of the arbitration. 

International Users 

The Service is controlled, operated, and administered by the Company from our  offices within Australia. If you access the Service from a location outside Australia,  you are responsible for compliance with all local laws. You agree that you will not  use the Company Content accessed through the Website in any country or in any  manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification 

You agree to indemnify, defend, and hold harmless the Company, its officers,  directors, employees, agents and third parties, for any losses, costs, liabilities and  expenses (including reasonable attorneys’ fees) relating to or arising out of your use  of or inability to use the Website or services, any user postings made by you, your  violation of any terms of this Agreement or your violation of any rights of a third party,  or your violation of any applicable laws, rules or regulations. The Company reserves  the right, at its own cost, to assume the exclusive defence and control of any matter  otherwise subject to indemnification by you, in which event you will fully cooperate  with the Company in asserting any available defences. 

Termination and Access Restriction 

The Company reserves the right, in its sole discretion, to terminate your access to  the Website and the related services or any portion thereof at any time, without  notice. To the maximum extent permitted by law, and you hereby consent to resolve  any and all disputes arising under or related to this Website or the Terms of Use  pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any  jurisdiction that does not give effect to all provisions of these Terms, including,  without limitation, this section. 

If there is a violation of these Terms and Conditions, liquidated damages will be  sought for $100,000+ USD. This includes, but is not limited to breaking copyright,  breaking non-disclosure agreements, sharing course materials with non-purchasers,  breaking intellectual agreements, etc. Kirstin Schwartz – New Confidence Career  Consulting has full rights to pursue a lawsuit, injunction against the user, seek  damages incurred, etc. for violations. 

No Joint Venture or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship  exists between you and the Company as a result of this agreement or use of the  Website. The Company’s performance of this agreement is subject to existing laws  and legal process, and nothing contained in this agreement is in derogation of the  Company’s right to comply with governmental, court, and law enforcement requests  or requirements relating to your use of the Website or information provided to or  gathered by the Company with respect to such use. If any part of this agreement is  determined to be invalid or unenforceable pursuant to applicable law including, but  not limited to, the warranty disclaimers and liability limitations set forth above, then  the invalid or unenforceable provision will be deemed superseded by a valid,  enforceable provision that most closely matches the intent of the original provision  and the remainder of the agreement shall continue in effect. 

Entire Agreement 

Unless otherwise specified herein, this agreement, along with the Privacy Policy and  Disclaimer, constitutes the entire agreement between the user and the Company  with respect to the Website and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user  and the Company with respect to the Website. A printed version of this agreement  and of any notice given in electronic form shall be admissible in judicial or  administrative proceedings based upon or relating to this agreement to the same  extent and subject to the same conditions as other business documents and records  originally generated and maintained in printed form. It is the express wish to the  parties that this agreement and all related documents be written in English. 

For questions, please contact Kirstin Schwartz, hello@newconfidence.com.au, 22  Warrenwood Place, Langwarrin, Vic, 3910. 

General Course and Program Contract with Kirstin Schwartz – New Confidence  Career Consulting  

This contract is a legally binding agreement between the purchaser (“Client”), and  Kirstin Schwartz – New Confidence Career Consultant (“Consultant”). By purchasing  any Program from Kirstin Schwartz – New Confidence Career Consultant  (“Consultant,” “Company”, “we”, or “us”), you agree and consent to the following  legal terms and conditions that govern your use of the Program. 

Agreement

Whereas the Consultant will deliver the Client course and program materials, as  outlined on the sales page. 

Whereas the Client will compensate the Consultant for said program, based on the  payment plan at purchase (See Sec. 3). 

Whereas this agreement is binding. 

Whereas the Client has the option to upgrade their base Consulting services in  exchange for an agreed payment. 

Use and Consent 

All of our Programs are intended solely for users who are eighteen (16) years of age  or older. Any registration by, use of or access to any Programs by anyone under age  16 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing  or using our Programs you represent and warrant that you are at least 16 years old. 

Disclaimer 

This Program does not guarantee income, success, or any projected increase in  sales or revenue. Company cannot guarantee any success from taking this Course.  Each person’s success and results depend on many factors including dedication,  desire, motivation, execution of strategies properly, and type of business. You accept  the risk of not achieving any results (or less than desirable results) from taking the  Program. 

The Consultant is not legally liable or required to be knowledgeable of the legal  implications of the marketing strategies implemented or the nature of the Client’s  business. The Client is responsible for researching and abiding by all local, state,  and country laws when implementing the Consultant’s strategies. This may include,  but is not limited to, contests, affiliate or referral programs, social media posts, live  trainings, marketing copy or content, sensitive topics (trauma, healing, disorders,  etc.), etc. 

Consultant is not liable for lack of results due to poor implementation of the  marketing strategies, lack of consistency, an unengaged or targeted audience, lack  of personal action, etc. Client understands that sales take time, consistency, and  long-term marketing efforts that extend beyond Consulting program. 

With mindset and personal manifestation work, it is the Client’s responsibility to seek  professional support, trauma support, or mental health care should they get triggered 

by working through activities in this program. Kirstin Schwartz – New Confidence  Career Consultant is not a medical professional, doctor, or able to give mental health  or medical advice. It is the Client’s responsibility to seek support outside of the  program if they feel they need additional help. This Program does not provide any  professional financial, legal, medical or psychological services or advice. None of the  content of the Program cures or treats any mental or medical condition. You are  responsible for your own physical, mental and emotional well-being, decisions,  choices, actions and results. Program disclaims any liability for your reliance on any  opinions or advice contained in the Program. 

Any third-party links to products or services are subject to separate terms and  conditions. Program is not responsible for or liable for any content on or actions  taken by such third-party websites. Although Program may recommend third party  sites, products or services, it is your responsibility to fully vet such third parties  before entering into any transaction or relationship with them. 

Purchases and Online Commerce 

By purchasing the Program, you give us permission to automatically charge your  credit or debit card as payment for your Program without any additional  authorization, for which you will receive an electronic receipt. You also agree to  being added to the Kirstin Schwartz – New Confidence Career Consultant, email list  for marketing and promotional emails. 

Late Payment and Compensation Policy 

Consultant will be paid in total for the program through either pay-in-full or a payment  plan option. This fee is non-refundable or transferable. All payments are due at time  of purchase or at specific dates each month. 

If payment is not received by the date due, you will have a three (3) day grace period  to make the payment. If payment is not received by the third day, the Client’s access  to the Program will not continue and we reserve the right to cease your access  immediately and permanently. Any bonuses you received during purchase will also  be removed from access. 

If you fail to make payment in a timely manner in accordance with these Terms of  Use or voluntarily decide to withdraw from our Programs, Products or Services at  any time or for any reason whatsoever, you still will remain fully responsible for the  full cost of the Program. If you wish to not continue in the program all remaining  payments and balances will still be owed to the Company in timeline agreed upon 

purchase. You will also lose access to any content within the Program and any  bonuses received upon purchase. 

Refund Policy 

There is a no refund policy. You acknowledge that we do not offer refunds for any  portion of your payment for any of our Programs and no refunds will be provided to  you at any time. 

Intellectual Property Rights 

Our Programs are our property and/or our affiliates or licensors, and are protected by  copyright, trademark, and other intellectual property laws. 

When you enrol in or purchase our Programs you agree that you are clearly and  expressly prohibited from copying, sharing or stealing our Program materials or any  parts in any way or for any reason. These cannot be re-taught to your clients, shared  with other members on your team, or used / viewed by any other person than the  original purchaser. 

The Consultant has created a unique and individualized strategy and process for  visibility marketing. Verbal consulting, written consulting, and any content delivered /  feedback is copyrighted and considered intellectual property of the Consultant. 

The Consultant has developed through substantial effort, research, time, and  expense certain inventions, design concepts, methodologies, technical know-how,  copyrightable material and trade secrets directed and related to creating visibility  marketing campaigns (“INFORMATION”); 

The Consultant desires to disclose the INFORMATION on a confidential basis to the  Client solely for the purposes of creating an actionable marketing strategy for  visibility and future sales. 

The Consultant desires to maintain the confidentiality of the INFORMATION and the  protection of Consultant’s intellectual property rights. 

In consideration of the mutual promises, covenants, and conditions contained herein,  the sufficiency of which is hereby acknowledged, the parties agree as follows: 

The Consultant agrees to disclose INFORMATION to the Client to facilitate Client’s  marketing strategy.

The Client agrees to receive such INFORMATION and to refrain from copying,  disclosing, using, selling, or offering for sale any and all of said INFORMATION or  knowledge gained from the INFORMATION, other than at the request of the  Consultant. The Client agrees to keep confidential and refrain from disclosing any  and all of the INFORMATION and to take all necessary and reasonable steps to  prevent unauthorized disclosure or use of any and all of the INFORMATION. 

No right or license is granted by the Consultant to the Client in connection with the  technical information, inventions, strategy, content, etc. disclosed under this  agreement. All documents or materials constituting the INFORMATION and all  reproductions thereof shall at all times remain the sole property of the Consultant  and shall promptly be returned by the Client upon request. 

This Agreement shall remain in force in spite of disclosure of the INFORMATION by  the Consultant in the form of patent applications, copyright applications, or other  disclosures. 

The Client shall not make, or cause to be made, any copies, facsimiles or other  reproductions including data files of any documents containing confidential  information of the Consultant and to use all other reasonable means to maintain the  secrecy and confidentiality of the confidential information of the Consultant. This  includes, but is not limited to, sharing documents or strategies with Virtual  Assistants, employees, Clients, or to those other than the individual receiving  the Consulting – via email, implementation of another kind, or verbal. 

The Client shall not institute any action or suit at law or in equity against the  Consultant, nor institute, prosecute or in any way aid in the institution or prosecution  of any claim, demand, action, or cause of action arising out of the INFORMATION or  any INTELLECTUAL PROPERTY thereof, including but not limited to, claim,  demand, action, or cause of action for invalidating any INTELLECTUAL PROPERTY  of the Consultant. 

The Client agrees that should they breach any of the promises contained in this  Agreement that the Consultant would suffer irreparable harm and the Consultant  would be without adequate remedy at law and that the Consultant may obtain  injunctive relief, including specific performance of the Agreement, as well as  monetary award for damages suffered by the Consultant for the Client’s breach of  this Agreement. 

A party shall not be deemed to have waived any rights hereunder unless such waiver  is in writing and signed by a duly authorized officer of the party making such waiver.

Should a court of competent jurisdiction find that any portion of this Agreement is  invalid, illegal, or unenforceable, the remaining provisions shall remain in full force  and effect, and the parties shall use reasonable efforts to substitute a valid, legal,  and enforceable provision that implements purposes of the provision so held invalid,  illegal, or unenforceable to any extent permissible under the law. 

Your License to Us 

By posting or submitting any material on or through our Programs, such as  comments, posts, photos, images or videos or other contributions, you are  representing that you are the owner of all such materials and you are at least 16 years old. 

You are also granting us, and anyone authorized by us, an unlimited, royalty-free,  perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify,  transmit, sell, distribute, and/or publicly display such contributions, in whole or in  part, in any manner or medium, now known or developed in the future, for any  purpose, and granting us the right to make it part of our current or future Programs  and/or our marketing or promotional efforts. 

Media Release 

By participating in our Programs, Products and Services, and using our Program  Materials, including our Facebook community, you consent to photographs, videos,  and/or audio recordings that may be made that may contain you, your voice and/or  your likeness. In our sole discretion, we reserve the right to use these photographs,  videos, and or/audio recordings and/or any other materials submitted by you to us in  connection with your participation in our Program in our current or future Programs  and/or our marketing or promotional efforts, without compensation to you at any  time, now or at any time in the future. 

Security 

When you apply for, enrol in, purchase or use our Programs, Products or Services,  or Program Materials we may seek and collect personal data and information  including but not limited to your name, e-mail address, phone number, billing  information, credit card or payment information, demographic information,  preferences, interests, or other personally-identifying information (“Confidential  Information”).

By providing such Confidential Information to us, you grant us permission to use and  store such Confidential Information. We, in turn, will use our best efforts to keep your  Confidential Information safe, secure and confidential. We take precautions to  protect such Confidential Information. When you submit Confidential Information via  our Program, Product, Service or Program Materials, we take measures to protect  the security of your Confidential Information both online and offline. However, due to  the nature of the Internet, we cannot completely ensure or warrant the security of  your Confidential Information or of any other data or information transmitted to us or  through our services; therefore, submitting Confidential Information, data or other  information is done at your own risk. 

We have security measures in place to prevent the loss, misuse, and alteration of  the information that is obtained from you, but we make no assurances about our  ability to prevent any such loss, misuse, to you or to any third party arising out of any  such loss, misuse, or alteration. 

Technology Disclaimer 

We try to ensure that the availability and delivery of our Programs is uninterrupted  and error-free, including our content and communications through methods like our  Website, membership portal, private Facebook groups, e-mail communications,  videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3  audio files, downloadable PDF printed transcripts, downloadable PDF handouts /  slides, handouts, eBooks, or any other materials provided by us to you. 

However, we cannot guarantee that your access will not be suspended or restricted  from time to time, including to allow for repairs, maintenance or updates, although, of  course, we will try to limit the frequency and duration of suspension or restriction. To  the fullest extent permitted by law, we will be not be liable to you for damages or  refunds, or for any other recourse, should our Programs become unavailable or  access to the them becomes slow or incomplete due to any reason, such as system  back-up procedures, internet traffic volume, upgrades, overload of requests to the  servers, general network failures or delays, or any other cause which may from time  to time make our Programs inaccessible to you. 

We make no warranty or guarantee as to the accuracy, timeliness, performance,  completeness or suitability of the information in our Programs. Every effort has been  made to present you with the most accurate, up-to-date information, but because the  nature of this information is constantly evolving, we cannot be held responsible or  accountable for the accuracy of our content. You acknowledge that such information 

may contain inaccuracies or errors and we are not liable for any such inaccuracies or  errors to the fullest extent permitted by law. 

If the Kirstin Schwartz – New Confidence Career Consulting business no longer  exists, prior purchased content will or may no longer be available to you, including,  but not limited to, training modules, Facebook Groups, or access links. If the nature  of social media changes, access may no longer be offered for programs or content  held inside social media platforms. 

Indemnification 

You agree at all times to defend, indemnify and hold harmless our Company, as well  as any of our affiliates, agents, contractors, officers, directors, shareholders,  employees, joint venture partners, successors, transferees, assignees, and  licensees, as applicable, from and against any and all claims, causes of action,  damages, liabilities, costs and expenses, including legal fees and expenses, arising  out of or related to our Programs or your breach of any obligation, warranty,  representation or covenant set forth in these Terms and Conditions or in any other  agreement with us. 

Limitation of Liability 

We will not be held responsible or liable in any way for the information, products or  materials that you request or receive through or on our Programs. We do not  assume liability for accidents, delays, injuries, harm, loss, damage, death, lost  profits, personal or business interruptions, misapplication of information, physical or  mental disease, condition or issue, or otherwise, due to any act or default of anyone  or any business, whether owners, staff, agents, joint venture partners, contractors,  vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any  owners, staff, agents, joint venture partners, contractors, vendors, affiliates or  otherwise who is engaged in rendering our Programs, or in any way or in any  location. In the event that you use our Programs or any other information provided by  us or affiliated with us, we assume no responsibility. 

Establishing an online and marketing presence and initiating a two-way flow of  communication between the Client and the public can have unintended  consequences on the Client’s reputation and business success. Increasing visibility  online can bring additional positive and negative attention to a business in multiple  ways. Should this occur, the Client waives its right to hold the Consultant responsible  for any damage and/or liability that may arise from the Consultant’s advice, content,  or recommendations.

Release of Claims 

In no event will we be liable to any party for any type of direct, indirect, special,  incidental, equitable or consequential damages for any use of or reliance on our  Programs, or on those affiliated with us in any way, and you hereby release us from  any and all claims; including, without limitation, those related to lost profits, personal  or business interruptions, personal injuries, accidents, misapplication of information,  or any other loss, physical or mental disease, condition or issue, or otherwise, even if  we are expressly advised of the possibility of such damages or difficulties. 

These Terms of Use require the use of arbitration on an individual basis to resolve  disputes, rather than jury trials, and limit the remedies available to you in the event of  a dispute. You fully understand and agree that by enrolling in, purchasing and/or  using any of our Programs, Products, Services and Program Materials that you are  waiving certain legal rights and you are voluntarily agreeing to do so. 

Your Conduct 

You are agreeing that you will not use our Programs in any way that causes or is  likely to cause the Programs, or access to them either to be interrupted, damaged or  impaired in any way. You understand that you are solely responsible for all electronic  communications and content sent from your computer to this Website and its  Content and to us. 

You must use the Programs for lawful purposes only. You agree that you will not use  our Programs in any of the following ways: 

Communication Guidelines 

If you have a question or concern about your Programs, Products, Services, or  Program Materials, you may send an e-mail to hello@newconfidence.com.au and we  will do our best to reply to your question or concern promptly. 

Dispute Resolution 

It is hoped that should we ever have any differences we could be able to work them  out amiably through e-mail correspondence.  

In the event of a dispute between us, you agree to not engage in any conduct or  communications, public or private, designed to disparage us, our Company, or any of  our Programs. Client agrees not to attack or criticize Kirstin Schwartz – New  Confidence Career Consultant or any employee / contractor publicly (public forums,  blogs, social networks, private groups, etc.) at any time during or subsequent to  contract period. In case of breach of this clause, client agrees to pay USD $30,000 in  damages to Kirstin Schwartz – New Confidence Career Consultant. 

If any terms of these Terms of Use are construed to be invalid or unenforceable for  any reason, it shall not affect the validity or enforceability of any other term which  shall be given full force and effect. 

Confidentiality 

To use our Programs, we may seek Confidential Information, or you may offer or  provide a comment, photo, image, video or any other submission to us when using  or participating in our Programs (“Other Information”). By providing such Confidential  Information or Other Information to us, you grant us permission to use and store  such information. We, in turn, will use our best efforts to keep your Confidential  Information safe, secure and confidential in accordance with these Terms of Use and  our full Privacy Policy which may be found on our Website. If you believe that any of  your Confidential Information is incorrect or incomplete, please contact us as soon  as possible. We will promptly correct any Confidential Information found to be  incorrect. 

If you have any questions about any term of these Terms of Use, please contact us  at hello@newconfidence.com.au