Terms of Use
Effective date: Apr 2022
About the terms
By using Spiritualgradient.com you agree to be bound by these terms, which shall take effect immediately on your first use of Spiritualgradient.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Spiritualgradient.com. We may change these terms from time to time and so you should check these terms regularly. Your continued use of Spiritualgradient.com will be deemed acceptance of the updated or amended terms. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a member and make use of the Services available only to members, you must read this Agreement and indicate your acceptance during the Registration process.
Use of Spiritualgradient.com
Spiritualgradient.com is to be used only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing, causing distress or inconvenience to any person, and transmitting obscene or offensive content.
Eligibility
By using the Services, you represent and warrant that all registration information you submit is truthful and accurate; that you will maintain the accuracy of such information (including your email address); where registration as a member is required in order to use a Service you are 16 years of age or older; and that your use of the Services does not violate any applicable law or regulation.
Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Spiritualgradient.com immediately by emailing [email protected] if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use
The service offered by Spiritualgradient.com is for the personal use of users, or where specified, members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Spiritualgradient.com. Illegal and/or unauthorized use of services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website is prohibited. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the website.
Proprietary Rights in content on the Website
Spiritualgradient.com does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials (collectively known as content) that you post or email to the website. After posting or emailing your content to the website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose although we would appreciate that your content include that it was posted on Spiritualgradient.com first. By displaying, emailing, publishing or submitting for display or publication (posting) any content on or through the website, you hereby grant Spiritualgradient.com a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of content, transmission and distribution of content on and through the website, or published in its different present and future forms, for example, newsprint, Braille, talking book, electronic databases, e-book, website or any other facsimile or derivative versions in any medium. You represent and warrant that: (i) you own the content posted by you on or through Spiritualgradient.com or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content posted by you to or through Spiritualgradient.com. Please note that it is the policy of Spiritualgradient.com to publish work only by request of the author, or by their express permission, and that no work shall be posted without the author’s prior consent. The Website contains content owned by Spiritualgradient.com which is protected by copyright, trademark, patent, trade secret and other laws. Spiritualgradient.com owns and retains all rights and hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the website and using its services. The website contains content owned by Users and other licensors to Spiritualgradient.com. Except for content posted by you, you may not unless and to the extent otherwise specifically authorised by Spiritualgradient.com commercially exploit, perform, or sell any content appearing on or through the Website. You may copy (but not modify), translate, publish, reproduce, broadcast, transmit, distribute, and display content as long as Spiritualgradient.com is sourced. You may retrieve and display content from the website on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc for your personal non-commercial use.
Content Posted
Spiritualgradient.com may delete, or in pre-moderated areas of the website refrain from posting any content that in its opinion violates the Agreement and/or breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. However, Spiritualgradient.com assumes no responsibility for the content (other than what it owns), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. You are solely responsible for the content that you post on or through the Website as well as any material or information that you transmit to other Users and for your interactions with other Users. Spiritualgradient.com does not endorse and has no control over content posted by Users. Spiritualgradient.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit. If you post a comment, the following rules must be abided by: · Contributions must be civil and tasteful. · No disruptive, offensive or abusive behaviour: contributions must be constructive and not contributed with the intention of causing trouble. · No unlawful or objectionable content: Any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually-oriented, racially offensive or otherwise objectionable material is not acceptable. · Be patient: users of all ages and abilities may be taking part in the discussion. · No spamming or off-topic material: We don’t allow the submission of the same or very similar contributions many times. Please do not re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas. · Contributions containing languages other than English may be removed unless allowed in the relevant rules. · No inappropriate (e.g. vulgar, offensive etc) user names. · URLs (web site addresses) can only be posted if allowed under any relevant rules.
Comment Moderation
If you want to reach our moderators to report offensive contributions, please e-mail them at [email protected]. When reporting about another user’s contribution, make sure you state why you think it has breached the agreement, and please note, disagreement with someone’s views is not a reason to report them. When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but please be assured that all complaints will be checked promptly and professionally. In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our agreement or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.
E-mail Policy
We will not respond unless required to do so by law to any electronic mail sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material. All articles received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should make it clear in your email, and include your name, address and, if applicable, a contact telephone number. Your email should explicitly state that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. We will not disclose any personal information under any circumstances of any staff. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 6 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Spiritualgradient.com prohibits use of the website and/or the services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the website by another User in a way that constitutes copyright infringement, please notify us at [email protected]. We will take such action (if any) that we in our absolute discretion deem appropriate.
Disclaimers
The provider is not responsible for any incorrect or inaccurate content posted on the website, and neither are we responsible for any user-generated links or linked-to content. Spiritualgradient.com is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Spiritual Gradient Ltd personnel. Inclusion of any linked website on Spiritualgradient.com does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Spiritualgradient.com is not responsible for the conduct, whether online or offline, of any User of the website. It also assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication or any content. Spiritualgradient.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall Spiritualgradient.com be responsible for any loss or damage resulting from use of the website, attendance at an event organised through the Website or the Services, from any content posted on or through the website.
Spiritual Gradient Mentoring – Terms and Conditions & Agreement of Expectations
This agreement dated [dateOf], is between Spiritual Gradient LTD (the “Mentor”) and [clientFirstName] [clientLastName] (the “Client”) whereby the Mentor agrees to provide mentoring services (the “Mentoring Services”) for the Client under the following conditions.
Mentoring Services.
Mentoring is a partnership (defined as an alliance, not a legal business partnership) between the Mentor and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. The Mentor will engage the Client in direct and personal conversations and the Client understands that successful Mentoring requires a cooperative and collaborative approach between the Client and Mentor. Mentoring may address specific personal projects, business successes, or general conditions in the Client’s life or profession. Other Mentoring services include value clarification, brainstorming, identifying plans of action, examining modes of operating in life, asking clarifying questions, and making empowering requests or suggestions for action. In the Mentoring relationship, the Mentor plays the role of a facilitator of change, but it is the Client’s responsibility to enact or bring about the change. Each Client is an individual and the Client acknowledges and agrees that the results obtained by that Client will be different from any other Client receiving our Mentoring Services. The services to be provided by the Mentor to the Client are provided online on the internet. The Client may from time to time supplement the mentoring activities with email and text communication with the Mentor when relevant and appropriate, where services indicate unlimited email and text support fair usage is upheld. NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use these services. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission and agreement before commencing any sessions. NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
Client Responsibilities.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program. Client is responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Mentor is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Mentor. Client understands mentoring is not psychological therapy and does not substitute for such therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that mentoring does not involve the diagnosis or treatment of mental disorders and that mentoring is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the mentoring relationship agreed upon by the Client and the Mentor. Client acknowledges that mentoring is a comprehensive process that may involve different areas of her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate mentoring principles into those areas and implementing choices is exclusively the Client’s responsibility.
Sessions.
The Services will include a session lasting up to 50 minutes each to be scheduled prior to the signing of this Agreement. The Mentor and the Client will hereafter mutually agree on the schedule of the sessions.
Fees.
The total fee for the Services will be clearly identified at the time of booking. Sessions are to be paid for in full before the Services may commence after signing this Agreement or in the alternative may be made in instalments and Spiritual Gradient shall invoice the Client for each of these instalments.
Session Cancellation.
If you need to cancel an appointment, please provide at least 24 hours notice or unfortunately, it will be necessary to charge you for the missed session in full. Please attend sessions promptly. Any session which has not commenced within 10 minutes of the agreed time will not go ahead and a refund will be forfeited.
Privacy.
The Client can, at any point in the session, declare their preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The Mentor agrees to respect this boundary. Spiritual Gradients Privacy Policy will also be upheld.
Release of Information
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
Confidentiality.
This relationship, as well as all information (documented or verbal) that the Client shares with the Mentor as part of this relationship, is bound by principles of confidentiality. However, please be aware that the Mentor-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Mentor agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Mentor will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Mentor’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Mentor from a third party, without breach of any obligation to the Client; (d) is independently developed by the Mentor without use of or reference to the Client’s confidential information; or (e) the Mentor is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Mentor and as a result of such disclosure the Mentor reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Mentor in a timely manner. The Client agrees not to disclose any information pertaining to the Mentor without the Mentor’s written consent. Confidential information does not include information that: (a) was in the Client’s possession prior to its being furnished by the Mentor; (b) is generally known to the public; (c) is obtained by the Client from a third party, without breach of any obligation to the Mentor; (d) is independently developed by the Client without use of or reference to the Mentor’s confidential information; or (e) that the Client is required by law to disclose.
Intellectual Property Rights, Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Spiritual Gradient website, any third-party website that Spiritual Gradient may use to distribute or host services, and contained in e-mails sent to you by Spiritual Gradient, as well as the look and feel of all of the foregoing (“the Content”) is property of the Spiritual Gradient and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from any Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content – it is still Spiritual Gradient property. Any unauthorized use of any materials found in the Content shall constitute infringement. Spiritual Gradient’s terms of use, also apply.
Termination.
The Mentor and Client agree that either party may terminate this agreement for any reason by providing the other party with ten (10) days written notice (“Termination Notice Period”). See the refund policy.
Refund Policy.
In the event that the Mentor elects to terminate this Agreement, the Client shall only be entitled to a refund of any unused prepaid sessions. In the event that the Client terminates this Agreement before the first paid-for session, the client shall be entitled to a full refund. In the event that the Client Terminates this Agreement after the first paid for session, the Client shall only be entitled to a refund of all unused prepaid sessions, recalculated to the appropriate corresponding package according to the completed timeframe and shall be responsible for payment for the first session and administration fee of £30. If the Client terminates this Agreement they agree that they will pay for any scheduled sessions falling within the 10 day Termination Notice Period, whether or not the Client attends the session, as per the recalculated price. Sessions not commenced within 10 minutes of the agreed time and no shows will be forfeited. Due to your purchase being an information product and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
Late Payment.
In the event that the Client fails to pay the fee invoice, or any instalment of the fee, if so agreed, in a timely manner, the Mentor may suspend any Services until the delinquent payments have been made to Spiritual Gradient.
No Substitute For Medical Treatment.
Clients agree to be mindful of their own well-being during the Mentoring Services and seek medical treatment (including, but not limited to psychotherapy) if needed. The Mentor does not provide medical services, physical therapy services, or psychotherapy services and is not responsible for any decisions made by Client as a result of the Services and any consequences thereof. The Mentor may recommend certain physical activities including, without limitation, certain physical exercises. The Parties agree that the Mentor shall not be liable to the Client for any injuries sustained as a result of engaging in any recommended activities. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE ENGAGING IN THESE PHYSICAL ACTIVITIES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT.
Limited Liability.
Except as expressly provided in this agreement, the Mentor makes no guarantees or warranties, express or implied. In no event will the Mentor be liable to the Client for consequential or special damages. The Mentor disclaims any liability for damages resulting from Clients engaging in any physical activity related to the Mentoring Services. Notwithstanding any damages that the Client may incur, the Mentor’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to Spiritual Gradient under this agreement for all services rendered up until the termination date.
Release.
By using the Mentoring Services, you release, to the maximum extent allowed by law, the Mentor, Spiritual Gradient LTD, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Mentoring Services including, without limitation, any death or serious emotional or serious physical harm.
Security and availability
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Spiritual Gradient may be unlawfully intercepted by third parties, not under our control. Spiritual Gradient does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Spiritual Gradient are done at your own risk. Spiritual Gradient tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, Spiritual Gradient 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. Spiritual Gradient will not be liable for any loss resulting from a cause over which it does not have direct control.
Non-Disparagement.
In the event of a dispute between the parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Force Majeure
Spiritual Gradient will not be deemed to have breached this agreement, terms and conditions for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Spiritual Gradient.
Agreement of Expectations
1. As a Client, I understand and agree that I am fully responsible for my physical, mental and emotional well-being during my coaching sessions, including my choices and decisions. I am aware that I can choose to discontinue coaching at any time. 2. I understand that coaching is a Professional-Client relationship I have with my mentor that is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 3. I understand that mentoring is a comprehensive process that may involve all areas of my life, including work, finances, health, relationships, education and recreation. I acknowledge that deciding how to handle these issues, incorporate mentoring into those areas, and implement my choices is exclusively my responsibility. 4. I understand that mentoring does not involve the diagnosis or treatment of mental disorders. I understand that mentoring is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and I will not use it in place of any form of diagnosis, treatment or therapy. If I am currently receiving psychiatric care, I will consult with my caregiver to ensure working with a mentor is in my best interest at this time. 5. I understand that information will be held as confidential unless I state otherwise, in writing, except as required by law. I understand that if I reveal information that involves physically hurting myself or others, the mentor must report such information and/or refer to mental health professionals accordingly. 6. I understand that certain topics may be anonymously and hypothetically shared with other mentoring professionals or clients for training, educational OR consultation purposes and that Spiritual Gradient will take great care to change any identifiable details to protect my privacy. 7. I understand that mentoring is not to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business or other matters. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
Entire Agreement.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. This Agreement may be modified only by an instrument in writing duly executed by both parties.
By continuing to access Spiritual Gradient in any and all its forms, you assert that you have read, understood and agreed to this entire document. If you do not agree with these, do not continue to access Spiritual Gradient and its services.