TERMS AND CONDITIONS

Terms & Conditions for The Heart Of BeingTM and QUEST: A Roadmap To Peace, Presence & Purpose 

 

1.  Terms Of Participation    

 

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Kundalini Yoga With Sharlene Starr, a part of Red Tree Consulting Ltd.  (“RTC”, “Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein. 

 

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

 

RTC agrees to provide the Series, “The Heart Of Being™️” (herein referred to as “Series”) and/or the 5-Day Challenge, “QUEST: A Roadmap To Peace, Presence & Purpose (herein referred to as QUEST) identified in the online commerce shopping cart or the Radiant Women Inner Circle private Facebook Group (herein referred to as RWIC). As a condition of participating in the Series and/or QUEST, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. 

 

As part of the Series, RTC shall provide the following to Client: 

 

  • A Password Protected Series Area: The Company shall maintain a Series Area that will include video, audio lessons and classes, class handouts, the Series plan, and other training and support information. You shall have access to this Series Area for as long as the Series Area exists, however no less than 120 days. In the event that Company intends to close the Series Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Series Area, which is what is referred to as “Lifetime Access” in our marketing materials.
  • A private THOB Facebook Group where LIVE Q&A sessions and LIVE meditations will be offered once a week.
  • From time to time, the Company will offer bonuses to individuals who sign up for the Series. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Series and they vary depending on specific live and automated promotions throughout the year. 

 

 As part of QUEST, RTC shall provide the following to Client:

 

  • If You participated in the live event that ran from September 21-27, 2020, in the RWIC: A private Facebook group:  The Company shall provide a Facebook Live video daily and a downloadable Guidebook to registered participants and maintain a Units Area that will include video recordings of the Facebook Lives and other training and support information.  You shall have access to this Units Area until Tuesday, September 29, 2020 at midnight MST.
  • If You participate in the online version: A Password Protected QUEST Area: The Company shall maintain a QUEST Area that will include daily videos, a downloadable Guidebook, and other training and support information. You shall have access to this QUEST Area for as long as the QUEST Area exists, however no less than 120 days. In the event that Company intends to close the QUEST Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the QUEST Area, which is what is referred to as “Lifetime Access” in our marketing materials. 

 

3.  Use License/ No Transfer Of Intellectual Property 

 

All content included as part of the Series or QUEST, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Series or QUEST, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.   

 

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 in the Series or QUEST are the trademarks of their respective owners. 

 

Your participation in the Series or QUEST does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Series or QUEST.  You agree to observe and abide by all copyright and other intellectual property protection. 

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Series or QUEST content and resources. You hereby agree that 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 in the Series or QUEST. 

 

The Company content is not for resale. Your participation in the Series or QUEST does not entitle you to make any unauthorized use of any protected content, and in particular 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 herein.  

 

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Series or QUEST will be terminated immediately, you will be removed from the RWIC (if applicable re: QUEST), and you shall not be entitled to a refund of any portion of the fees.

 

To reiterate, permission is granted to temporarily download one copy of any Series or QUEST downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

 

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the School’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or ‘mirror’ the materials on any other server.
  6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

4.  Disclaimer/ Waiver   

 

Registration for The Heart Of Being™️ or QUEST acts as agreement and acknowledgement to the participation and waiver, clauses outlined below: 

 

Participation:  You are participating in a yoga class, meditation class, intensive, or workshop that is participatory and active in nature.  You recognize that yoga and meditation may require physical exertion, which may be strenuous and may cause physical injury. You freely and voluntarily assume all responsibility for any risks and hazards and accordingly, your participation shall be your own.  

 

Waiver:  I knowingly, voluntarily, and expressly waive any claim that Sharlene Starr, Kundalini Yoga With Sharlene Starr, Red Tree Consulting Ltd., all instructors, any or all subordinate or affiliated people or organizations, the owner, or the leaseholder of the building, shall not be liable for any claim, demand, cause of any action of any kind, whatsoever for injuries, damages, or loss of any kind that I may sustain as a result from, or related to, participating in classes, challenges, or workshops held by Red Tree Consulting Ltd.  This “Waiver” is binding on myself, my heirs, my executors, administrators, personal representatives and assigns. 

 

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Series or QUEST.  

 

Client understands Sharlene Starr (herein referred to as “Consultant”) and RTC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of these programs. If the Parties wish to continue their relationship, they shall execute a separate agreement.  

 

The materials on the School’s website are provided ‘as is’. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

 

5.  Fees  

 

In consideration of Your access to the Series, you agree to pay the following fees: 

 

For the Series, you may choose between a single payment of $497 + GST (due immediately) or 3 monthly payments of $197 + GST. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $591 + GST. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program. 

 

In consideration of Your access to QUEST, you agree to pay the following fee: 

 

For QUEST, a single payment of $97 + GST is due immediately.  You may not cancel or avoid this payment except through the Refund Policy. In the event that the payment is not made, the Company shall immediately suspend your access to the Program.  

 

All fees are subject to the Canadian Goods and Services Tax (GST, which is 5% in Alberta). 

 

6.  Methods Of Payment 

 

For the Series:  If You elect to pay in full or elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.  

 

For the Series:  Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed. 

 

For the Series:  If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

 

For QUEST:  You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

 

7.  Series Refund Policy

 

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Series. The Company provides a 14-day money-back guarantee for the Series. That money-back guarantee is governed by the following terms.

 

In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 14 days of the first module being released, contact our support team at support@sharlenestarr.com and let us know you’d like a refund by the 14th day at 11:59 MST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 14th day, you will not be granted a refund.

 

The work that you need to submit with your request for a refund includes ALL of the following items: 

 

  • Requirement 1:  Complete and attach your completed pages of The Series Plan.
  • Requirement 2: Complete and attach your Journaling answers from The Class Handouts for Class 1 and Class 2.
  • Requirement 3: Complete and attach your Class Tracker and Meditation Tracker.
  • Requirement 4: Attach two pictures showing your practice of Class 1 and Class 2.
  • Requirement 5:  Tell us why this Series was not a good fit for you and your Kundalini Yoga home practice needs. What did you expect that you did not get once inside the Series?

 

We will NOT provide refunds for any request that comes more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

 

 Please note: If you opted for a payment plan and you do not request a refund within 14 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

 

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, downloadable PDF documents, membership areas, and other resources.

 

All refunds are discretionary as determined by RTC. To further clarify, we will not provide refunds for requests made after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

 

If you have any questions or problems, please let us know by contacting our support team directly at: support@sharlenestarr.com.

 

8.  QUEST Refund Policy

 

 All refunds are discretionary as determined by RTC.  If you have any questions or problems, please let us know by contacting our support team directly at: support@sharlenestarr.com.

 

If you receive a refund, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation:  downloadable PDF documents, membership areas, and other resources.

 

9.  Confidentiality

 

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Series or QUEST, you hereby agree to respect the privacy of other Series or QUEST participants and to respect the Company’s confidential information.

 

Specifically, you shall not share any information provided by other Series or QUEST participants outside of the bounds of the Series or QUEST unless you receive express written permission from such other participant to share the information. Similarly, the content of the Series or QUEST contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Series or QUEST with anyone other than the Company, it’s owners and employees, and other Series or QUEST participants.

 

10.  Limitations

 

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized person of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

11.  Termination

 

 The Company reserves the right, in its sole discretion, to terminate your access to the Series, QUEST, the RWIC private Facebook Group, and/or THOB private Facebook Group and the related services or any portion thereof at any time, if You become disruptive to the Company or other Series or QUEST participants, if You fail to follow the Series or QUEST guidelines or rules, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

12.  Outcomes Disclaimer

 

 Every effort has been made to accurately represent these products and their potential.

 

There is no guarantee that you will experiencing any benefits or outcomes using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of outcomes. Outcome potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get-well scheme.” 

 

Any claims made of results or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Series or QUEST, ideas and techniques mentioned, your resources, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or outcome level. Nor are we responsible for any of your actions.

 

Any and all expressed outcomes here or on any of our sales material are intended to express our opinion of benefit and outcome potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

13.  Revisions and Errata

 

The materials appearing on Facebook, Instagram and/ or on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its website are accurate, complete, or current. The School may make changes to the materials contained on its website at any time without notice. The School does not, however, make any commitment to update the materials.

  

14.  Links

 

 The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user’s own risk.

 

15.  Site Terms of Use Modifications

 

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

 

16.  Music Licence

 

RTC has the applicable Online Audiovisual Services Tariff 22.D.1 license in place through SOCAN which grants the right to use all music works on RTC’s social media accounts and in connection with the operation of the On Demand Stream service included within the Series or QUEST.

 

17.  Governing Law

 

 Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

 

Last Updated:  September 1, 2020