TERMS AND CONDITIONS – Cultivating Kitchen Confidence Courses (“courses”, “the course”) by DBA Christina Frangione Nutrition Therapy (“Christina Frangione”, “we”, “us”, “our”)
Please read this information carefully. Payment OR registration for a course constitutes consent by all guests to all provisions of the Terms & Conditions and general information contained in this document whether the guest has signed it or not. The terms cannot be changed or amended except in writing signed by Christina Frangione.
These Terms & Conditions apply to both the pre-recorded and live lessons hosted and/or organized in the courses by Christina Frangione.
PRICE & PAYMENT TERMS
Prices for each course are listed on Thinkific. Coupon codes at times may be offered which would change the listed price.
ACCEPTED METHODS OF PAYMENT
Christina Frangione accepts payment through Thinkific.
We reserve the right to withdraw or cancel at any time a course advertised for sale on Thinkific.
REFUND POLICY
Upon registration of a course, payments are non-refundable unless the course is cancelled, at which point participants who have registered will be issued a full refund in their original payment method. If there are extenuating circumstances you must communicate with us in writing and a refund may be offered less a $50 administrative fee.
ONLINE CLASS CONTENT AND ACCESS TERMS
Internet Access
You may incur charges to your internet service provider while you are accessing and/or downloading the course content. Charges may also be payable to third parties for use of the software necessary to access and/or download the course content. You are responsible for paying any such charges. We use Zoom for live portions of the course which is free to access.
Technical Support
If you are unable to access the course, Christina Frangione will use reasonable endeavors to provide a solution where we have direct control over the system, software, or settings involved. If the issue lies with your hardware, systems, software, or settings thereof, we may, in our discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to Thinkific; and that technical assistance may not be available during such periods of downtime. Further, you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
We will use reasonable endeavors to make the course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.
You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access to the course as a result of such suspension or any of the following:
the operation of the internet and the world wide web, including but not limited to viruses; any firewall restrictions that have been placed on your network or the computer you are using to access the course; failures of telecommunications links and equipment; loss of electricity to power electronics, or updated browser issues.
INTELLECTUAL PROPERTY
At all times, Christina Frangione and/or its licensors, remain the owner of the intellectual property in the course materials. Other than as specified below, no course materials, nor any part of it may be reproduced or transmitted in any form or by any means without the prior written permission of Christina Frangione.
In consideration of receipt by Christina Frangione of the registration for a course, we grant to you a non-exclusive, non-transferable license to access the course.
Save as expressly set out in the Online Terms or as otherwise agreed by Christina Frangione pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the course materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Materials into any software program. Access to the course not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either Christina Frangione’s copyright or our other intellectual property rights, and/or the copyright or other intellectual property rights.
Data Protection
Christina Frangione will process the information we receive from you or otherwise hold about you in accordance with the Online Terms and our privacy policy. You consent to the use by Christina Frangione of such information in accordance with our privacy policy.
LIABILITY RELEASE
Photography
Christina Frangione reserves the right to take photographs and videos during the operation of any program or part thereof and to use them for promotional purposes. By booking a course, guests agree to allow their images to be used in such photographs and films without payment or permission.
General Disclaimer
The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
Except as set out in the Online Terms, Christina Frangione shall not be responsible for losses that result from its failure to comply with the Online Terms.
Save as otherwise set out in this section “Limitation of liability”, Christina Frangione’s maximum aggregate liability to you for any claims that you may have against Christina Frangione for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the course or your course materials, and any technical support shall be limited to the amount of the class price which has been paid, or is payable, by you.
Christina Frangione will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond Christina Frangione’s reasonable control. This condition does not affect your statutory rights.
Each provision shall be construed separately as between you and Christina Frangione. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification, as may be necessary to make it valid and effective.
The participant has read the schedule of activities and agrees that their registration represents their acceptance of the Terms and Conditions.
INDEMNIFY & HOLD HARMLESS
By clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering my credit card information, or otherwise enrolling, electronically, verbally, or otherwise in this course, I, in my personal name and on behalf of my relatives, heirs, legal representatives, and assigns, agree at all times to release, indemnify and hold harmless Christina Frangione Nutrition Therapy, as well as their affiliates, employees, students, joint venture partners, successors, assignees, and licenses, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the course. I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of Christina Frangione or others, and assume full responsibility for my participation in the course.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.