Terms and Conditions
WEBSITE TERMS AND CONDITIONS – ZESTY GIRL BIZ
These Terms and Conditions (“Terms”) constitute a binding legal agreement (“Agreement “) upon which Tyler Foulden Pty Ltd (sometimes referred to as “Zesty Girl Biz” “Zesty Girl”, “Michelle May Boyle”, “we”, “our” or “us”) grants access and use of this website and its coaching services (the “Site”). Upon accessing, transacting and/or utilizing Zesty Girl Biz as a Site user, visitor, or purchaser (“you”, or “your”), you are deemed to have read, understood, and accept to be fully bound by these Terms and Conditions, as well as any other policies or regulations pertaining to or referenced regarding this Site. If you do not agree with these Terms and Conditions, please do not use the Site and related services. We reserve the right to amend or modify these Terms and Conditions at any time without prior notice to reflect any changes in our Services, policies or practices. Notice of change will be posted on the relevant page on the Site. These Terms and Conditions were last updated on December 9, 2020.
For Educational Purposes Only: The information provided in or through this Site is for educational and informational purposes only, solely to be used as a self-help tool.
Not Mental Health, Physical Health, Medical, Religious, or Financial Advice: I am not, nor am I claiming to be, a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), hypnotist, behavioural therapist, psychiatrist, psychologist, therapist, counsellor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, financial advisor, or member of the clergy. I am not providing medical services, health care, therapy services, hypnotism, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through the Site pertaining to your health, wellness, relationships, mental health, exercise, business ventures, relationships, finances, investments, or any other aspect of your life, is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice, mental health advice, or religious advice in any way. If you have medical or mental health concerns, speak to your doctor, medical provider, and or mental health provider before starting any meditation programs or any of the courses/memberships on this site. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health situation, or any medications, herbs or supplements you are currently taking, and before implementing any recommendations or suggestions from this Site. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Site. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. I do not give medical, psychological, or religious advice whatsoever.
Not Financial or Legal Advice: You acknowledge that I am not providing financial or legal advice. I am not an attorney, accountant, or financial advisor, nor am I claiming to be one. The information contained within this Site is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. I accept no liability whatsoever for any loss or damage you may incur. Always seek legal and/or financial counsel relating to your any questions or concerns you may have. In agreeing to these Terms and Conditions, you acknowledge that the information on this Site is not legal or financial advice.
Access and Registration: Our Site is made available freely to all users, but we may require you to register and create a member account to access certain parts of the Site. To administer your registration, we may require you to supply certain personal information including your name, telephone number, and email address. In addition to providing the specific services for which your registration was necessary, we may require additional information related to your business including type of business, establishment date, income goals, investment plans, challenges facing your business, as well as your time zone. You agree to provide us accurate and complete information as needed, and to update these items when they need updating, as this will ensure that you receive the most relevant information.
Personal Responsibility: You agree to accurately represent the information that you provide to us on or through our Site. You acknowledge that you are personally responsible for your choices, actions, and results, both now and in the future and that you are participating voluntarily in using our Site. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Site, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from this Site to your life, family, or business.
Eligibility: Our Services are available to persons who are 18 years old and older. If you use, access and/or purchase our services, you represent and warrant to us that you are at least 18 years old or older.
Payment and Purchases: To access our courses, you will be required to pay the applicable fee(s). Zesty Girl Biz uses PayPal and/or Stripe to process payments. We believe these vendors offer secure payment processing and sufficient protection of your sensitive payment information. You agree that you will pay for the courses using a valid credit card or other payment method. If payment is declined, or if we determine that the payment method is unacceptable or fraudulent, your access to the Course(s) will be immediately terminated, and we reserve the right to ban your account permanently. If you are participating in a continuing payment plan and you omit to make the required payments, we will suspend your access to the Courses until payment is made in full or, where applicable, a valid payment method is provided. If you recurrently fail or omit to pay the required payments, we will terminate your access to the Course until all payments that are due are paid. When paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization. If you fail to make payment in a timely manner in accordance with this Agreement 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 Programs, Products and/or Services that you have ordered. All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give us as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. Since we have a clear and explicit Refund Policy, we do not accept any chargebacks by your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database, or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the full payment owed to us for the amount of the chargeback.
Refunds: We offer access to digital content which is immediately made available to you upon payment for each course. Due to the immediate digital nature of the services we provide, you understand and agree that we cannot offer refunds. If for some reason you are not satisfied with your first session, you should contact us immediately so that we can work to resolve the matter and find an alternative that is acceptable to both of us.
Intellectual property: This Site contains a wide range of materials, ideas, text, images, videos, audio recordings, workbooks, logos, icons, graphics, designs, brand names and/or service marks (together referred to as “Site Content” ) all of which are exclusive property of Overflow Enterprises LLC. Such Site Content is protected by copyright law and other intellectual property laws of both the United States and the State of Florida. We grant you a limited, revocable, nonexclusive and nontransferable license to access, view, use, download and, where applicable, print reasonable copies, of the Site Content provided that this is for your personal non-commercial use only. You agree that you will not share, publicly display, create derivative works, upload, transmit, sell or lease or otherwise, in any manner, provide access to Site content or other proprietary information made available to you under this Agreement without our prior written consent. Duplication, dispersion, redistribution and/or dissemination of the Site Content without prior written approval of Zesty Girl Biz are prohibited, and will be prosecuted to the fullest extent permitted by law. We reserve the right to take any legal or administrative action to pursue any case of copyright, or other, infringement.
Confidentiality: Please note that when you register with Zesty Girl Biz, we will issue you with a username, password, and other access control information for certain parts of the Site. This information is confidential and for your personal use only. You must not disclose it to any person, nor let any third party (including friends, family, partners, or any other person) use your account information to access paid content or services provided on the Site. It is your duty to ensure the security and confidentially of your account, and you will be responsible for all activities happening under your account on the Site.
Privacy: To provide our service, we may collect certain information about you. This includes information you provide directly to us, as well as other information that we may obtain from third party vendors, or that is made available to us upon your accessing or interacting with the Site. We may collect information when you purchase a course, fill out any form on the Site, access private membership pages, or otherwise contact us directly via phone, email, social media, or through other online channels. Information collected may include, but is not limited to, your name, e-mail address, phone number, and billing address. We collect such information so that we may provide the Site services and/or products requested by you, fulfil your order(s), complete transactions, manage promotions, respond to your questions, or otherwise provide information requested by you. We also use such information to improve the usability of our Site. If you purchase courses offered on the Site, we will add your email to our email list so that we can send you relevant information and updates about the course. If you do not want to subscribe to our email list you can ask us to remove you from the list, or you can unsubscribe from our email list using the link that appears at the bottom of any email sent to you. Please use caution so that you do not unsubscribe from course emails, since by doing so you will not be able to receive information and materials related to the course you have purchased.
We Make No Guarantee. In purchasing any digital program, you acknowledge that I am not your personal coach or counsellor. My role is to support and assist you in reaching your own goals, but you acknowledge your success depends primarily on your own effort, motivation, commitment, and actions. I cannot predict, and I do not guarantee, that you will attain a particular result, and you understand and acknowledge that results differ for each individual. Each individual’s results depend on his or her unique circumstances, character, background, dedication, desire, motivation, actions, and numerous other factors. You fully understand and agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site.
Earnings Disclaimer. Any earnings statements or examples shown through our Site are only projections or estimates of what might be possible now or in the future. There can be no assurance or guarantee as to any financial outcome based on the use of our Site or purchase of our digital products. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site. You are solely responsible for your own results.
Assumption of Risk. You acknowledge that there are sometimes unknown individual risks and circumstances that can arise during use of the Site that cannot be foreseen, but that can influence or reduce results. You understand that any use of any suggestion or recommendation on or through the Site is to be taken at your own risk, with no liability on our part, recognizing even that there is an extremely rare chance that illness, injury, or even death could result, and you agree to assume all risks.
Limitation of Liability. By using this Site, you agree to absolve us of any liability or loss that you or any other person may incur from use of the information, meditations, products, or materials that you request or receive through or on the Site. You agree that we will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for your use of, or reliance on the Site. You agree that 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 or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Site.
Disclaimer: Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Dispute Resolution: In the event that any issue or differences arise, we ask that you correspond with us amicably through email. However, should we be unable to seek resolution within a reasonable period of time, you hereby understand and agree that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at email@example.com and include all of your reasons for your dissatisfaction with your Program. You understand and acknowledge that the only remedy that can be awarded to you through arbitration is a full refund of your Payment(s) made to date. No other actions, or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations so that any arbitration must begin within One (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Palm Beach, Florida and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between us, and at all other times, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any terms of this Agreement 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. You agree to waive your right to participate in a class action lawsuit. You may only bring claims on your own behalf.
Time Limit on Claims You agree that any claim you may have arising out of or related to your relationship with Zesty Girl Biz must be filed within one (1) year after such claim arose; otherwise, your claim is barred. This provision expressly survives the termination of your relationship with Overflow Enterprises and Zesty Girl Biz.
Children’s Online Privacy: Our Site and coaching services are designed for and made available to persons who are over the age of 18 and we respect the rights to privacy of children. We do not knowingly collect, hold, store, or disclose information of persons less than 18 years of age.
User submissions: Please note that any comment, communication or content you post, upload or share on the Site, or on our social medial channels, will be available for viewing by other users and is not regarded as confidential. We advise you to exercise caution and not post any personally identifiable information. We will not be liable for any loss or damage resulting from unauthorized use or access of your information posted in this context.
As a user of the Zesty Girl Biz Site, we grant you access and use of the Site on the condition that you will not:
Use the Site in violation of any local, state, or national laws of any country
Post, upload or submit any material that is copyrighted, unless you own them or have the approval of the copyright owner
Share or post material that violates copyright or any other intellectual property rights of others or that violates the privacy and/or publicity rights of others.
Post material that is abusive, threatening, intimidating, harassing, abusive, or defamatory to any person or entity
Use the course Site to transmit material that is obscene, indecent, or sexually-explicit.
Interrupt the standard flow of discussion on the course Site or post content that is not related to the topic being discussed except where the discussion is free-form.
Use the course Site to share, publish, or transmit uncalled-for communications. Please note that determination of uncalled-for communication is at the sole discretion of the Site owner(s).
Impersonate any user or person(s).
Engage in, or attempting to, scrape, link, or frame the
Decompile, decrypt, disassemble, or reverse-engineer any code used in any software on the
Systematically collect or retrieve information from the Site and related services.
Independent study: The course is offered on a self-study basis and does not feature individualized coaching. By participating in the course you understand and agree that there is no individual coaching relationship between you and the Coach, and that none shall be provided.
DISCLAIMER AS TO RESULTS: Zesty Girl Biz provides coaching courses solely for informational purposes and does not, expressly or by implication, promise, warrant or guarantee success, or any specific result. You understand and acknowledge that your ability to meet or achieve your goals depends on many factors, including but not limited to your knowledge and skill, dedication, character, creativity and/or attitude and/or the ability to integrate knowledge and apply the concepts learned. These are factors beyond our control, and you understand and acknowledge that we cannot guarantee that you will make money or achieve any other desired result.
Although we have many participants who are completely satisfied with the course, many of whom have achieved amazing results, actual results have varied greatly among individuals. By purchasing and participating in our courses, you acknowledge that we do not make any claim, warranty, guarantee, explicit or implied, for any specific, instant or favourable results. Neither do we claim that our courses will ameliorate any existing mental or medical condition. We offer no financial, legal, accounting, medical or psychological advice. If you would like professional advice, you should consult, as applicable, a competent financial, legal, accounting or medical practitioner. Because we cannot control the factors that produce your actual results, you agree that we must disclaim liability for any loss or damage resulting from or related to your reliance on any opinion, advice, or information contained in the course, and that you will use your own judgment in the application of same to your specific situation(s).
ZESTY GIRL BIZ PROVIDES THE SITE CONTENT ON THE SITE AS A CONVENIENCE TO MEMBERS AND USERS. WHILE WE DO TAKE REASONABLE EFFORTS TO PROVIDE ACCURATE, RELIABLE AND TIMELY INFORMATION, THERE MAY BE UNINTENTIONAL TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE SITE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING, WITHOUT LIMITATION, AFTER YOU HAVE REGISTERED AT THE SITE AND/OR SUBMITTED CONTENT. ZESTY GIRL BIZ DOES NOT REPRESENT, WARRANT, OR IMPLY THAT THE SITE CONTENT, MATERIALS AND SERVICES PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SITE ARE SUITABLE FOR YOUR PARTICULAR SITUATION.
THE SITE CONTENT, MATERIALS AND INFORMATION ON THIS SITE ARE PROVIDED “AS IS” AND ARE WITHOUT WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZESTY GIRL BIZ DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT OR THE MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS AND/OR MEMBERS EXPECTED RESULTS. NO COACHING, OPINION, ADVICE, INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE USING YOUR OWN JUDGMENT, AND AT YOUR OWN DISCRETION AND RISK; AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, HARM OR LOSS THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
Zesty Girl Biz's total liability to you under this Agreement for damages, costs, and expenses shall not exceed the amount paid by you for the course under this Agreement. Some jurisdictions do not allow this exclusion of liability or limitation of consequential damages, and to the fullest extent permitted by the law some of the above limitations may not apply to you.
Indemnity: You agree to indemnify, compensate, defend, and hold us and our employees, officers, agents, and suppliers harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable attorney’s fees, arising from or connected to any breach of this Agreement by you or any other obligations arising out of your use of this Site.
Governing Law: These Terms and any claim or dispute arising therefrom shall be governed by the laws of the State of NSW, Australia.
Entire Agreement: You and Zesty Girl Biz understand and acknowledge that these Terms and Conditions constitute the entire agreement between both parties relating to this subject matter, and supersede all prior and/or simultaneous representations, negotiations, and agreements, whether written or oral. Any changes to the Terms and Conditions contained within this Agreement must be made in writing and signed by both parties.
Severable Terms: If any part of this Agreement is found to be unenforceable, that part will be severed, and the remaining provisions of this Agreement will remain in full force and effect.
Waiver: If we fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision.
Assignment: You must not assign your right or obligation under these Terms to any person or entity without the express written approval of Zesty Girl Biz. Zesty Girl Biz may assign or transfer any of its rights or obligations under this Agreement.