Terms & Conditions
Please read these terms and conditions carefully before using Our Service or Purchasing a Product.
SMILIE EMPOWERMENT TERMS AND CONDITIONS
This Agreement (the "Agreement") is a legal contract between you (the "Client") and Smilie Empowerment (the "Company"). By purchasing or using any of the Company’s services or products, including but not limited to coaching (personal development, professional, or group sessions), digital products (journals), and physical products (motivational t-shirts, hoodies, mugs, bags), you agree to the following legal terms and conditions. The Client and the Company are collectively referred to as the "Parties" and individually as a "Party."
1. SERVICES
1.1. The Company agrees to provide coaching services, digital products, and physical products, as described on its website or in its marketing materials.
1.2. Coaching services may involve personal development, professional growth, group sessions, and mindset transformation.
1.3. Digital products may include journals, workbooks, or any other downloadable content.
1.4. Physical products include motivational merchandise such as t-shirts, hoodies, mugs, and bags.
2. CLIENT RESPONSIBILITIES
2.1. The Client is solely responsible for implementing their own well-being, decisions, actions, and results arising from the Services and Products provided by the Company.
2.2. The Client acknowledges that the Services are not therapy, medical treatment, or a substitute for professional advice, including financial, legal, or medical guidance. The Client is responsible for seeking independent professional assistance when necessary.
2.3. The Client agrees to communicate honestly, be open to feedback, and participate actively in coaching services if applicable.
3. PAYMENTS AND REFUNDS
3.1. The Client agrees to pay all fees associated with their selected service or product.
3.2. The Company does not offer refunds on digital products due to their downloadable nature. Refunds for coaching services and physical products are subject to Company policy and must be requested in writing within 24 hours of purchase if the service has not commenced or the product has not been shipped.
3.3. If a refund is approved, it will be processed within 30 days from the date of approval.
4. INTELLECTUAL PROPERTY
4.1. The Company retains all rights, title, and interest in and to all materials provided, including but not limited to digital products, course content, coaching materials, and branding elements.
4.2. The Client may not reproduce, distribute, or create derivative works based upon the Company’s materials without express written consent.
5. LIMITATION OF LIABILITY
5.1. The Company makes no guarantees regarding the results of its Services or Products.
5.2. The Client agrees to hold the Company harmless for any claims arising from the use of its Services or Products.
5.3. The Company is not responsible for any indirect, incidental, or consequential damages resulting from the use of its Services or Products.
6. PRIVACY AND CONFIDENTIALITY
6.1. The Company respects the Client’s privacy and will not share personal information without consent, except as required by law.
6.2. The Client agrees that testimonials, feedback, or success stories shared with the Company may be used for marketing and promotional purposes.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1. Each Party shall deliver all notices, requests, consents, claims, waivers, and other communications under this Agreement (“Notices”) by e-mail addressed to the other Party at the e-mail addresses set forth below (or to such other e-mail address that the receiving Party may designate from time to time in accordance with this Section). Except as may otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party 3 giving the Notice has complied with the requirements of this Section. Should there be a change to the contact information below, both Parties agree to inform the other Party of these changes immediately after they are made. Smilie Empowerment. E-mail:
contact@smilieempowerment.com Client To the e-mail address included in the registration form for the Program.
7.2. This Agreement shall be governed and construed in accordance with the laws of the State of New York. The Company and the Client consent to the exclusive jurisdiction of the state and federal courts of New York County, New York.
7.3. This Agreement expresses the final, complete, and exclusive agreement between the Company and the Client and supersedes any prior or contemporaneous agreements between the Parties relating to the same subject matter. This Agreement may be amended only by mutual agreement of the Parties.
7.4. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to 30 days after notice is given by one Party to the other. If the dispute is not so resolved, and in the event of legal action, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and court costs from the other Party.
7.5. If any provision in this Agreement is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law.
7.6. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
7.7. Neither Party shall be liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for any failure or delay in fulfilling or performing any provision of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party’s reasonable control, including, without limitation: (a) acts of God; (b) 4 flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) epidemic or pandemic; and (h) national or regional emergency. The Party suffering such an event shall use reasonable efforts to give notice within 2 days of the event to the other Party, and the Parties shall work together in good faith to arrange substitute Program Meetings.
7.8. This Agreement may not be assigned by the Client, in whole or in part, and any such assignment or attempted assignment shall be null and void. Subject to the foregoing, this Agreement shall be binding upon the Parties hereto and their respective successors and permitted assigns.
8. FORCE MAJEURE
8.1. Neither Party shall be liable for failure or delay in performing obligations due to causes beyond their reasonable control, including but not limited to natural disasters, government actions, pandemics, or other unforeseen circumstances.
9. GENERAL PROVISIONS
9.1. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements.
9.2. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3. The failure of either Party to enforce any provision shall not be deemed a waiver of future enforcement rights.
By purchasing or using any of the Company’s Services or Products, the Client acknowledges having read, understood, and agreed to these terms and conditions.
