These terms and conditions (the "Terms and Conditions") govern the use of www.wellnessmiraclezzz.com (the "Site"). This Site is owned and operated by Jenasa Prudhomme. This Site is a blog.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Jenasa Prudhomme and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
Three Weeks of Sleep Support for Parents; and
"A Research-Based, Holistic, and Responsive Approach to Improving Baby & Toddler Sleep" Written Course; and
60 Minute Call, and 3 Weeks of 1 on 1 Coaching w/ Jenasa Added onto Written Course
The services will be paid for in full when the services are ordered, unless specified by Jenasa Prudhomme.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
-All payment method's that Stripe & Kit takes.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Jenasa Prudhomme and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Jenasa Prudhomme and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Maine.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(207) 751-7074
jenasa@wellnessmiraclezzz.com
Maine
You can also contact us through the feedback form available on our Site.
Effective Date: 12th day of May, 2024
Terms & Conditions
Service & Product Contract
When you pay for a Service provided through the Wellness Miraclezzz, LLC website (www.wellnessmiraclezzz.com), you are accepting and agreeing to this contract.
This services agreement (this “Agreement”) is entered into by and between Wellness Miraclezzz, LLC (the “Consultant”) and (the “Client”). Each of the Consultant and the Client hereby agree to the provisions of this Agreement as they apply to the services rendered by the Consultant, as set forth in further detail below. Subject to the terms and conditions set forth in this Agreement, the Consultant agrees to provide to the Client certain infant and child sleep consulting services in accordance with the terms agreed upon by the Client and the Consultant (the “Services”).
The same applies throughout this contract between Client and Wellness Miraclezzz (the "Consultant") with products purchased by Client, such as the written course, "A Research-Based, Holistic and Responsive Approach to Baby & Toddler Sleep".
1. Payment Terms and Conditions. The agreed upon compensation due to the Consultant for performing the Services will be set forth in attached proposal (the "Proposal"). Prior to commencement of the Services, all payments shall be made to the Consultant as set forth in the attached Proposal. No refunds will be available once payment has been processed, unless otherwise approved by the Consultant in its sole discretion.
2. Client Commitment: The Client agrees to cooperate, in good faith, with the Consultant in connection with the Services, including implementing a sleep plan for their family and any other recommendations provided by the Consultant. The Consultant does not offer any guarantees related to the effectiveness of the Services, but will work diligently with the Client and any related caregivers to achieve the Client’s sleep goals for them and their family.
3. Disclaimer: The Client acknowledges and agrees that the Services are not medical advice and are not intended to replace or supplement the medical advice received by the Client. Any advice provided by the Consultant in connection with the Services is for informational purposes only and is intended for use with children with common sleep issues that are unrelated to medical conditions. The Client is advised to consult with and get approval from their
child’s pediatrician prior to implementing any sleep plan in connection with the Services, and the Client should always seek the advice of a physician or other medical professional in connection with any questions the Client may have regarding a medical condition or the health and welfare of their child.
4. Relationship of Parties. This Agreement shall not constitute an employer-employee relationship, and it is the intent of each party that the Consultant and its employees shall at all times be independent contractors. For the avoidance of doubt, Consultant is not a medical professional, Consultant’s advice to Client is not medical advice, and no physician-patient relationship shall be created by this Agreement or the Consultant’s performance of the Services.
5. Intellectual Property Notice: The information and materials provided by the Consultant in connection with the Services, including, but not limited to, schedules, sleep plans or other materials, including, but not limited to, visual aids, may not be reproduced, republished, or transmitted in any form or by any means without the Consultant’s express written consent.
6. Confidentiality: In performing the Services pursuant to the terms of this Agreement, the Consultant may obtain confidential and/or personal information regarding the Client (“Confidential Information”). The Consultant agrees to maintain the highest standard of confidentiality and respect for the Client’s personal matters and will not disclose any
such Confidential Information without the Client's prior written permission. The Consultant will obtain Client's prior consent before posting photos or videos of the Client and/or its family on social media or in other marketing materials.
7. Limitation of Liability and Release: The Consultant shall not be liable to the Client for any claims, losses, injury, indirect, incidental, special or consequential damages as a result of the Services, whether such claim alleges breach of contract, tortious conduct, negligence or any other theory. The Client hereby agrees, on behalf of itself, its successors and assigns, to waive and release the Consultant, its employees and representatives from any and all claims of liability, loss, damage, injury, or other demands for compensation in connection with the Services.
8. Entire Agreement. This Agreement, together with the Proposal, represents the entire agreement between the parties and may only be amended or modified by an instrument in writing signed by both parties.
9. Governing Law: This Agreement is governed by and shall be construed, enforced and interpreted in accordance with the laws of the State of Maine.