Terms & Conditions2018-06-07T13:25:45+00:00

Terms of Service

Please Read The Following Terms of Service Carefully

I agree that these terms and conditions are binding on my use of the service and apply from the time Diana Newcomb provides me with access to the service. By registering to use the service I acknowledge that I have read, understood and agreed to these terms and have the authority to act on behalf of any person for whom I am acting as an agent.

The ‘Peace in Your World’ six-week online course and the information received from Diana Newcomb through the website is not to be considered a substitute for conventional counselling or therapy. ‘Peace in Your World’ is not suitable for individuals suffering from acute anxiety and depression, and participants in the course must be at least 18 years old.

The advice given via the private coaching platform is designed to support not replace the relationship that exists between a participant and his/her existing physician, psychologist, therapist or doctor. It is only intended to provide feedback and assistance, to enable participants to complete the six-week self-help program.

Definitions:

“Agreement” – means these terms and conditions of use.

“Data” – means any data entered by me or with my authority into the website.

“Me/I/My” – refers to a user or legal entity registered to use the service in accordance with these terms.

“Service” – means the software provided to me by Diana Newcomb.

Part I: Terms of service:

General

  • Diana Newcomb reserves the right to change these terms at any time, and I agree to be bound by any such modifications. Diana Newcomb will make every reasonable effort to communicate these changes via email or the website, but I will retain responsibility for having read the latest version of the terms.
  • I agree not to use the service for any unlawful or unauthorised purposes. I will not, in my use of the service, violate any laws in New Zealand or any other jurisdiction (including but not limited to copyright and trademark laws).
  • I agree to pay the required fees to Diana Newcomb as they are due. I accept that failure to pay the required fees will result in termination or suspension of my account.
  • Diana Newcomb reserves the right to modify, update, or temporarily discontinue the service (or any part thereof) with or without notice.

Data security

  • Diana Newcomb will collect, store and manage data in accordance with the website’s privacy policy. By agreeing to these terms and conditions, I also indicate that I agree with Diana Newcomb’s privacy policy.
  • I am responsible for maintaining the confidentiality of my account and password. It is my responsibility to notify Diana Newcomb if I believe my username or password have been compromised or used in an unauthorised manner.
  • I understand that Diana Newcomb will undertake all reasonable attempts to safeguard my data and provide ongoing access to my data.
  • Diana Newcomb assumes no responsibility or liability for any loss or damage to my data resulting from my failure to comply with any of the terms and conditions.

Disclaimer of warranties and liability

  • I understand and agree that use of Diana Newcomb services is at my sole risk.
  • Diana Newcomb guarantees that the service will be provided with due care and skill. In the event of malfunction, Diana Newcomb will make all reasonable attempts to repair or rectify the problem but does not guarantee a perfect or uninterrupted service, or perfect or uninterrupted access to my data. Diana Newcomb will not be liable for any incidental loss or damage arising from total failure of the service. I understand that this disclaimer does not revoke any rights I hold under New Zealand laws relating to business or professional services.
  • I understand and agree that Diana Newcomb shall not be liable for any direct, indirect, consequential or exemplary damages – including loss of profits, use, data or other intangible losses – resulting from my usage of the service.

Part II: Terms of service use:

Account terms

  • I agree to provide my full legal name and a valid email address in order to complete the registration process and use the service.
  • I agree that I am at or over the age of 18.
  • I agree that my account login information will only be used by one person, and I will not share my account with anyone.
  • I agree not to upload, post or transmit communications, malware or any code of a malicious nature or that is unsolicited.
  • I accept that any verbal, physical, written or other abuse of any Diana Newcomb customer, employee, member, or officer could result in the termination or suspension of my account.
  • Diana Newcomb may suspend or terminate my account if I violate any portion of the agreement.

Miscellaneous

  • In its provision of the service, Diana Newcomb reserves the right to restrict storage limits, page views, upload file size, number of participating members.
  • I understand that these terms will be governed by and interpreted according to the laws of New Zealand. Any disputes in relation to these terms shall be subject to the exclusive jurisdiction of New Zealand courts.
  • I agree that Diana Newcomb may remove content or accounts with unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable material.
  • Diana Newcomb uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run its services. I understand that during technical processing and transmission, my data may be encrypted or unencrypted, moved across various networks, and/or changed to suit any requirements of connecting networks or devices – as is normal practice in the provision of web services. Diana Newcomb accepts no responsibility for any damage resulting from these services.
  • If I have any questions regarding the terms, I agree to contact Diana Newcomb via email, diana@diananewcomb.com.
  • I agree to receive any necessary correspondence about services provided by Diana Newcomb via email.

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