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TERMS & CONDITIONS

By visiting From-Vivien.com, you are consenting to the privacy policy and terms and conditions of this site. Policies may be updated at any time. 

Below you’ll find more information about my policies for From-Vivien.com. Please contact me if you have any queries. 

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Last Updated November 2023

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REFUNDS

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Consultations,

No refunds for cancellations or missed appointments.

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All Consultations can be rescheduled for up to 7 days in advance

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Workshops & Challenges

Your enrolment is protected by my full -money-back guarantee.  Contact us with the subject "Cancellation" with your name for a full refund. within 7 days of  your original purchase 

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Unfortunately, due to the nature of our training and programs, we won't be able to refund any money for sessions already started with the eligibility of a 25% refund 48 hours before the Session or Program begins. You may wish to request to move your session or enrolment to a different date.  

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Lifetime access:

Some products and courses offer lifetime access. "Lifetime access" means you have access to the online product for the entirety of that product's lifetime, until the product is retired and removed. If a product is retired, it will no longer be sold from our website and it will no longer be updated. This company reserves the right to retire any product at any time.

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PRIVACY POLICY

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1. CONSENT 

1.1 By using our Company's website or submitting any form or contacting us, you consent for us to collect, use, store and retain any information and data given in accordance with this privacy statement. 

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1.2  The Client may choose to restrict the collection, use, storage or retention of the information in the following ways:

a) When completing the Company's contact form(s), the Client may omit any information they do not wish to share.  Consent is deemed given for information provided in the form(s).

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1.3 Data is also collected via Provesource and their company privacy policy We have not given them consent to distribute any data collected.

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2. CUSTOMER DATA PROTECTION

2.1 Any information collected is solely for the Company's use. The Company will not share the information or data with any other entity – unless required by legal obligation or for the effective delivery of our services. 

2.2   The Company agrees to not use or allow anyone else to use, Customer Data to contact any individual or company except as directed or otherwise permited

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2.3 Any testimonials, reviews written is deemed to have the Client's permission to be used 

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3.  INTELLECTUAL PROPERTY

3.1 All design, content and copy used on this website and published material are copyrighted by From-Vivien.com unless stated otherwise. If you use my content, please refer to From-Vivien.com and link back to the original post.

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No part of our content  not to copy, rent, lease, sell, distribute, or create derivative works based on the From-Vivien  Content in whole or in part, by any means, except as expressly authorized in writing by the Company. The Company trademarks include but aren’t limited to, those listed at From-Vivien and may not be used without prior written permission.

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4.  INDEMNIFICATION

The Client will indemnify, defend and hold The Company and their Affiliates harmless, at their expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against The Company (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of 

(a) unauthorized or illegal use of the Account Service by the Client or Client's Affiliates, 

(b) The Client or  Affiliates' non-compliance with or breach of this Agreement, 

(c) The Client or Affiliates' use of Third-Party Products, or 

(d) the unauthorized use of the ACCOUNT Service by any other person using the Client's User information. 

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TERMS & CONDITIONS

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5 EARNINGS DISCLAIMER

5.1 Every effort has been made to accurately represent our products and their potential. Earning potential is entirely dependent on the person using our services, products, ideas, and strategies. The examples in these materials are not to be interpreted as a promise or guarantee of earnings. No guarantees are made that you will achieve results similar to ours or the testimonials of our customers. We cannot guarantee your success or income level, nor are we responsible for any of your actions from the ideas and techniques in our material. Therefore, following any information or recommendations provided on this website and in our reports are at your own risk. a review describes only one person’s experience and is not a guarantee, promise, or reflection of the feelings of every user.

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All content provided on this website is for informational purposes only

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6. BUSINESS CONSULTATION AND SERVICES CONTRACTS

6.1 The Contract is formed as soon as the Company receives Acceptance or Acceptance of Quotation and Payment and includes the acceptance of these Terms and Conditions, which shall apply between The Company and The Client. Upon Acceptance, The Company will issue a letter of confirmation of the Services to be provided. No terms or conditions stipulated or referred to by the Client in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.

6.2  The Client shall provide the Company with such information and access to such facilities and personnel as the Company shall reasonably require in order to provide the Services.

6.3 The Company shall not be liable to the Client or any of its affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of the Services, unless such loss, liability, damage or expense shall be proven to result directly from the willful misconduct of the Consultant. In no event will the Consultant be liable to the Company for special, indirect, punitive or consequential damages, including, without limitation, loss of profits or lost business, even if the Company has been advised of the possibility of such damages. Under no circumstances will the liability of the Company exceed, in the aggregate, the fees actually paid to the Company hereunder.

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7.   INTELLECTUAL PROPERTY
7.1 Any pre-existing Intellectual Property Rights of either party that are made available for use in connection with the provision of the Services shall remain vested in that party; the other party shall have a licence to use those rights so far as may be necessary to enable that party to provide or to enjoy the benefit of the Services.

7.2    All Intellectual Property Rights that are created in the course of the provision of the Services and in the Deliverables shall belong to the Company; the Client shall have a royalty-free, perpetual licence to use those rights as envisaged by this Agreement to enable the Client to have the benefit of the Services and the Deliverables for use within the Client’s own business.

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8.     CONFIDENTIALITY
8.1   The Company and the Client may during the course of this Agreement and in connection with the Services obtain information relating to the other party which is not made available generally by that other party (“Confidential Information”).
8.2    The receiving party shall:
82.1  Keep all Confidential Information confidential and not disclose it to any person (save as required by law); and
8.2.2  Use the Confidential Information only for the purpose for which it was provided and for no other purpose.

8.2.3 The use of testimonials and comments when given are accepted to be allowed on promotional materials unless otherwise stated

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8.  PAYMENT AND FEES FOR CONSULTANCY WORK
8.1   The Company shall charge and the Client shall pay the amounts set out or calculated in accordance with the relevant Statement of Works.

8.2   Where the fees are to be calculated on a time and materials basis, the Company may increase those fees by giving not less than one month’s written notice to the Client.

8.3   The Company shall invoice the Client on the basis set out in the Schedule or in the relevant Statement of Works or, if payment details are not set out, monthly in arrears.
8.4   The Client shall pay all valid and properly submitted invoices not later than 14 days after they are received or at such other times as may be specified in the Schedule or the relevant Statement of Works.
8.5   If the Client does not pay any invoice by the due date for payment the Company may without prejudice to any other rights and remedies that it may have:

8.5..1  suspend provision (and/or terminate the Contract) of the Services until payment in full including any interest is received; and/or
8.5.2  charge interest on the sum outstanding at the rate set  0.2%

8.5.3 have the right to suspend performance of the Services until the Client remedies the default

8.4   The Client shall pay all invoices in full without any set-off or deduction.

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9. PAYMENT FOR SERVICES  

9.1  Payment by credit card for services provided by the Company. If the client is paying by credit card, they authorize the Company to charge their credit card or bank account for all fees payable during the Service Term. The Client further authorizes the company to use a third party to process payments, and consent to the disclosure of payment information to such third party.

9.2  Payment against invoice. If you are paying by invoice, we will invoice you no more than 30 days before the beginning of the Service Term. All amounts invoiced are due and payable within 14 days from the date of the invoice, unless otherwise specified in the Order Form.

9.3  Payment Information. The Client will keep their contact information, billing information and credit card information (where applicable) up to date.  All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Service Term.

9.4   Where the Goods or Services provided are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the installments in accordance with these conditions or any claim by the Client in respect of any one or more installment shall not entitle the Client to treat the Contract as a whole as repudiated.

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10 NO LIABILITY

10.1 Subject to clause 12.1, the Company shall have no liability to the Client in connection with this Agreement for any loss of profits, loss of revenue, loss of business, loss of contract, loss of goodwill, loss of data or failure to make anticipated savings or any indirect or consequential loss, whether this results from breach of contract, negligence or otherwise.

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11.  FORCE MAJEURE
11.1 Neither party shall have any liability for any failure to perform or delay in performing any of its obligations under this Agreement if and to the extent that such failure or delay is caused by reasons, circumstances or events beyond the reasonable control of that party.
11.2 If a party is affected by any circumstance or event of the type described in clause 15.1, that party shall notify the other party as soon as reasonably practicable and the parties shall each use all reasonable endeavours to minimise the impact on the obligations that are affected.

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12.   STATUS
12.1 The Company and the Client are each independent contractors and nothing contained in this Agreement shall or shall be capable of creating or constituting between them any partnership or joint venture or any relationship of employment or agency.

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13. RESOLUTION OF DISPUTES
If any differences or disputes arise between the Company and the Client in connection with this Agreement, they shall use all reasonable endeavours to resolve them by discussions between themselves, escalating the issues through their respective management structures up to their chief executive officers if necessary.

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14. CLIENT'S RESPONSIBILITIES 

14.1 The Client agrees to:
14.1.1 make payments to the Company in accordance with clause 9 and 10
14.1.2 provide The Company with any information, and assistance relating to the Services as we may reasonably require within sufficient time to enable us to perform the Services in accordance with the Contract;
14.1.3 appoint a primary contact to act as the Client’s representative to liaise with us in connection with the Services;
14.1.5 If the Client fails to meet any of the provisions of clause 15.1 above, without limiting our other rights or remedies, the Company shall:
14.1.5.a.1 have the right to suspend performance of the Services until the Client remedies the default (and/or terminate the Contract in accordance with clause 16.4.3 below);
14.1.5.a.2 not be held liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and
14.1.5.a.3 be entitled to claim for any costs or losses incurred by us arising directly or indirectly from the Client’s default.

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15. TERMINATION

15.1. Contracts on a one-off or fixed Term basis will expire at the end of the Term, unless both parties agree to extend the Term in writing.
15.1.1 The Company may terminate this Contract for any reason at any time, by giving 28 days’ written notice to the Client.
15.1.2 The Company may terminate this Contract immediately without liability to the Client 
15.1.2.1 in the event that the Client has failed to pay the fees when required to do so and fails or refuses to do so following the expiry of a written notice requesting such payment within 7 days;
15.1.2.2 in the event of the Client committing a serious criminal offence or giving to the Company any false or misleading statement or making any negligent or fraudulent misrepresentation in relation to this Contract
15.2 Either Party has the right to terminate this Contract immediately if the other commits a material breach of this Contract and fails to remedy that breach within 14 days of receiving notice of the breach, or if the other goes into bankruptcy or liquidation either voluntarily or compulsorily (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
15.3 In the event of termination:
15.3.1 all payments due under this Contract shall become due and immediately payable. In respect of Services provided but for which no invoice has been submitted, we shall be entitled to submit an invoice, which shall become due and immediately payable;
15.4 The rights to terminate this Contract given by this clause 15 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

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Submissions

I am always happy to consider submissions for guest blog posts that integrate with the style and message of my business and blog, but please note that I may not respond to every submission. No submission is automatically guaranteed to be published on my blog. 

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Website Credits

This website and business uses photo and video content from unsplash.com, pexels.com, storyset.com.  

MONEYBACK REFUNDS
Accessibility
Privacy Policy

Our Accessibility Statement

From-Vivien is committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability. We aim to adhere as closely as possible to the Web Content Accessibility Guidelines (WCAG 2.0, Level AA), published by the World Wide Web Consortium (W3C).

These guidelines explain how to make Web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly to everyone.

Whilst we strives to adhere to the guidelines and standards for accessibility, it is not always possible to do so in all areas of the website and we are currently working to achieve this. Be aware that due to the dynamic nature of the website, minor issues may occasionally occur as it is updated regularly. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility.

If you have any comments and or suggestions relating to improving the accessibility of our site, please don't hesitate to contact us. Your feedback will help us make improvements.

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