Website Terms of Use & Privacy Policy

Privacy Policy:

This Privacy Policy is updated to be General Data Protection Regulation (GDPR) compliantThe GDPR concerns the collection, storage, and usage of your.personal information here on this site

I don’t collect any of your personal information in exchange for accessing the free content on my website and blog. My website is a WordPress website, hosted by GoDaddy.  My website collects anonymous information about users’ activity on the site, for example, the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and to help me make any necessary improvements. WordPress requires visitors who want to post a comment to enter a name and email address which may also be linked to a social media account that you use.

Outside of this, I collect information about you when you subscribe to my mailing lists through the opt-in forms on my website such as your name and email address.  If you purchase products through my TeeSpring Store, my Teachable school, or using PayPal or Stripe or enter into a private contract with me, additional information may be collected (it might also cause you to fall subject to these vendors privacy policies, which are separate from my own.)

Information that will generally be collected through this route can include:

  • Gender (or preferred identity)
  • Social media profiles and other modes of contact (as agreed upon by us both)
  • Difficulties you may be experiencing
  • Session summaries

Other information that I may collect over the course of our time/work together can include:

  • Age
  • Date of Birth
  • Relationships & children
  • Occupation
  • Mental Health
  • Business and Financial circumstances and history
  • And other information that you may choose to disclose during the course of our time together

How do I store your information?

I use the following storage methods:

Paper I don’t usually take notes in my 1:1 coaching practice anymore, tbh. If you send me specific files pertaining to your life or business, I might possibly keep for the duration of our time together and an additional 6-12 months (unless otherwise decided by ourselves)

Email/SMS/FB Messenger/ your email address and correspondence will be stored in my email account which is currently run and managed by Active Campaign. I may also contact you from Outlook or FB Messenger. If I have your telephone number, it may be stored as a contact in my SMS for ease of messaging if we should choose to exchange messages in this way.

Website: none of your personal information is stored on my website, other than to momentarily collect & send it to my Active Campaign when you choose to subscribe to my mailing lists.

How will I use your personal information?

Information about you is collected to help me process any orders you make, stay connected with you through the mailing lists you are subscribed to and, if you agree, to email you about freebies, opportunities, events, products and services I think may be of interest to you.

If you have consented to receive this kind of marketing communication, you may opt-out at a later date by updating your email preferences through Active Campaign. You have a right at any time to stop us from contacting you if you no longer wish to be contacted for marketing purposes and are unsure of how to do this through the Email Campaign System you can email me at info@clumsygrace.com and I will be happy to assist you. Please note that if you remove yourself from receiving these emails you can also reinstate yourself through updating your profile or contacting me via the same email address.

Your Rights

You have the right to request a copy of the information that I hold about you. If you would like a copy of some or all of your personal information, please email me. Your initial request is free, but there may be a small charge for any additional requests. I want to make sure that your personal information is accurate and up to date, please let me know if any information that is held is inaccurate or incomplete, or you would like it removed (though I can decline whilst the information is needed for me to practice lawfully & competently).

If you choose to commence working with me, an amended version of this statement will be provided for you to read and sign to ensure that your consent is given for our work together and for me to collect, store and use your personal information.

I will endeavour to keep this privacy policy under regular review and will place any updates on this page. You can contact me via my contact page or by emailing me at info@clumsygrace.com. This privacy policy was last updated on May 23rd, 2018 to include the GDPR changes.

Terms of Service

TERMS OF PURCHASE AND SERVICE

Erin McDonald, dba ClumsyGrace

By clicking “Buy Now,” “Purchase,” “Join Now,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Erin McDonald dba ClumsyGrace (“the Coach”), and you are entering into a legally binding agreement with the Coach, subject to the following terms of purchase:

1. TERMS.

a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the product, program, digital download, ebook, and/or course (collectively known as the “Product”) as outlined on Coach’s Website, Sales Page, or other point of purchase.

b. The scope of the Product rendered by the Coach pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on the Coach’s Website at clumsygrace.com (“Website”) as part of the Product.

2. PAYMENT AND REFUND POLICY.

a. Upon execution of this Agreement, User agrees to pay to the Coach the purchase amount as stated on the website.

b. The Coach does not offer refunds.

c. If User selects a payment plan option, User agrees to pay fees to the Coach according to the payment schedule set forth on Coach website, or otherwise provided to User, and the payment plan selected by User (the “Fee”).

d. In the event User fails to make any of the payments within a payment plan on the agreed upon due date, Coach has the right to immediately disallow participation by User until payment is paid in full, including disallowing access to the Product. If User does not commence within seven (7), the Coach has the right to terminate the agreement.

3. DISCLAIMERS.

By purchasing or otherwise utilizing the Product, the User acknowledges that the Coach does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on the Coach’s advice or information. The Coach makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. The Coach disclaims all liability for any inaccuracy, error or incompleteness in the Content.

By purchasing this Product, User acknowledges that the Coach cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Coach cannot make any guarantees other than to deliver information, education, and services purchased as described.

You acknowledge that the Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of the use of the Coach’s Product. Testimonials, earnings, or examples shown on Coach’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Coach’s Product.

Through use of the Product, the Coach may provide the User with information relating to services and/or other products that the Coach believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.

4. INTELLECTUAL PROPERTY RIGHTS.

In respect of the Product sold as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished.

Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the User, nor grant any right or license other than those stated in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or intellectual property, in whole or in part without our prior written consent.

5. GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

6. DISCLAIMER OF WARRANTIES.

The Product provided to the User by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of a deal, course of performance or trade usage.

7. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL
WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF
THE PRODUCT. Additionally, ERIN MCDONALD DBA CLUMSYGRACE IS NOT LIABLE
FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE;
(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR
DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS
OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE
AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY
OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COACH
HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE
DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST
POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COACH CUMULATIVE
LIABILITY TO YOU EXCEED $100.

8. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the British Columbia, Canada, regardless of the conflict of laws principles thereof. Furthermore, all disputes not resolved first by good-faith negotiation between the parties to this Agreement shall take place in British Columbia, Canada or via telephone with attorneys or arbitrators. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

9. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.