TERMS & CONDITIONS

Our terms and conditions are binding for all events and/or training programs. Making a booking assumes that you have read and accepted these terms and conditions. Bookings are made subject to the following terms and conditions set out below:

Growing Being: a company with its registration located at PC 133 Muscat, Oman.

Growing Being product or services (collectively referred to as ‘the products and/or services’): the products and services offered by Growing Being in relation to its Relationship Healer.

Client: The person or company purchasing the products and/or services from Growing Being.

Commencement Date: the date that Growing Being commences provision of the products and/or services to the client. 

Conditions: terms and conditions as amended from time to time in accordance with clause 14.

Contract: the contract between Growing Being and the client for the supply of products and/or services comprising the order and these conditions.

Fees: the fees payable by the client for the supply of the Products and/or Services in accordance with clause 4.

Order: the client’s order for the products and/or services (and any subsequent ongoing products and/or services) as set out in the order form.

Order Form: Growing Being’s form which can be completed online, over the phone, or in person, which sets out the ees and which incorporates these terms and conditions.

Service: the provision of and grant of access to the Growing Being products and/or services.

Privacy Policy means the policy (as updated from time to time) which can be found on the Growing Being at [PRIVACY POLICY] identifying certain respective rights and obligations in respect of the personal data and privacy under the contract.

Authorized Affiliates means, in respect of the products and/or services, the affiliates of the client (if any) in respect of those products and/or services.

Authorized Users means, in respect of the products and/or services, the users authorized by the client to use those products and/or services in accordance with the contract.

Client Data means all data (in any form) that is provided to Growing Being or uploaded or hosted on any part of any products and/or services by the client or by an authorized user.

Client Systems means all software and systems used by or on behalf of the client, the authorized affiliates, any of its or their direct or indirect sub-contractors, or any authorized user in connection with the provision or receipt any of the products and/or services or that the products and/or services otherwise link, inter-operate or interface with or utilize (in each case whether directly or indirectly).

Protected Data means the information and data referred to in the Privacy Policy.

Services has the meaning of the software platform Growing Being provides to enable the client to market to their customers and the database that the client uses to store their customers details within.

2.1. The contract constitutes the entire agreement between the parties. The client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Growing Being which is not set out in the contract. These conditions apply to the contract to the exclusion of any other terms that the client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

2.2. Any sample materials, descriptive matter or advertising issued by Growing Being, and any descriptions of illustrations contained in Growing Being’s website or brochures, are issued or published for the sole purpose of giving an approximate idea of the products and/or services as offered by Growing Being. They will not form part of the contract or have any contractual force. Growing Being is under a legal duty to supply goods that are in conformity with the contract.

2.3. Growing Being has the right to make any changes or alterations to the nature, scope and content of the products and/or services, without notice to the client, at any time, provided these do not affect the nature of the products and/or services.

2.4. Growing Being will supply the products and/or services to the client and Growing Being warrants to the client that such products and/or services have been prepared using reasonable care and skill. Growing Being provides no guarantee that the products and/or services will provide any results for the client.

2.5. Growing Being will use reasonable endeavors to meet any dates in relation to supporting the products and/or services (including but not limited to dates for the client to attend calls) but any such dates will be provisional only and may be subject to change at the discretion of Growing Being, with no liability attaching to Growing Being in respect of such changes.

2.6. Growing Being will have the right to make any changes to the support of the products and/or services which do not affect their nature or quality (including but not limited to: trainers and teachers, call lengths, session lengths, session frequency, session type, session location, training type, training location, venue location, coach allocated, Facebook group access and content, Kajabi access and content).

2.7. The client shall (and shall ensure all authorized affiliates and authorized users shall) at all times comply with all applicable laws relating to the use or receipt of the products and/or services, including laws relating to privacy, data protection and use of systems and communications.

3.1. The client will: (a) ensure that all information given by the client to Growing Being is complete and accurate; (b) cooperate with Growing Being in all matters relating to the products and/or services; (c) pay the fees strictly in accordance with the payment schedule set out in the order or as otherwise confirmed in writing by Growing Being; (d) not use the products and/or services or any content, data or information derived from the client’s use of the products and/or services for any purpose other than that which has been expressly authorized under the contract; (e) not use the products and/or services for any unlawful purpose; and (f) permit Growing Being to include information of video footage on its website and within the products and/or services highlighting any benefits which the client or client’s business has obtained from the products and/or services and in this regard, the client hereby grants to Growing Being a royalty-free, non-exclusive perpetual license to use any intellectual property rights of the client for this purpose.

3.2. The client, for itself and as trustee for any of its directors, employees, agents, authorized affiliates, authorized users or similar, undertakes to observe the obligations set out in clauses 3.1 to 3.7 (inclusive) and shall fully indemnify Growing Being from and against all loss, damage, costs and claims arising from its failure to adhere to those provisions or otherwise to fulfill its obligations under the contract.

3.3. Transmission of storage of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The client agrees to indemnify, and hold harmless, Growing Being from any claims resulting from the use of the products and/or services which damages the client or any other parties.

3.4. Spamming, or the sending of unsolicited emails, using an email address or URL that is maintained on a Growing Being, or directing traffic to a webpage that contains any reference to Growing Being is STRICTLY prohibited. Growing Being will be the sole arbiter as to what constitutes a violation of this provision. This action will result in immediate termination of the products and/or services without any refund to the client and could be subject to legal action by Growing Being against the client. Any service interruptions as a result of client’s spamming will be billed to the client at $25.00 per hour until service is restored.

3.5. Importing or in any way using purchased leads with a Growing Being account is strictly prohibited. If the client has paid money, or in any way purchased a group of pre-existing leads, these may not be used with Growing Being. Only people that have specifically requested information directly from the client may be emailed through Growing Being.

3.6. The client is prohibited from transmitting on or through any of Growing Being’s platforms or servers, including but not limited to social media platforms, any material that is (in Growing Being’s sole discretion) unlawful, obscene, threatening, disruptive, abusive, libelous, hateful, that encourages conduct which could constitute a criminal offense, that gives rise to civil liability, that otherwise violates any national or international law, or that involves the transmission of any pornographic or sex-related merchandise or data.

3.7. The client shall (and shall ensure all authorized affiliates, authorized users or similar shall) at all times comply with all applicable laws relating to the use or receipt of the products and/or services, including laws relating to privacy, data protection and use of systems and communications.

3.8. To be eligible for the money-back guarantee, the client must fulfill the following conditions:

(a) The client must complete all assigned tasks as directed by their Client Success Manager, including but not limited to listening to all program modules, completing and posting all tasks, and addressing any feedback provided on those tasks.

(b) The client must attend a minimum of two live sessions per week for the full duration of the program.

The money-back guarantee is contingent upon the client completing the entire program and adhering to all instructions and steps as provided. Should the client demonstrate no progress after fulfilling these requirements, they may qualify for a refund, subject to verification.

4.1. The fees for the products and/or services are detailed in the order or any agreement made in writing between Growing Being and the client.

4.2. The fees will be paid in full in accordance with the order, written confirmation from Growing Being, or any agreement made with a finance company in accordance with payment for the products and/or services.

4.3. All payments due to Growing Being under the contract shall be made in full without any deduction or any withholding. The client will not be entitled to assert any credit, set off or counterclaim against Growing Being against any sum(s) owed.

4.4. In relation to payment by installments or a payment plan, payment shall be made monthly on the same calendar day as the date of the order or as otherwise agreed in writing between Growing Being and the client.

4.5. The fees will remain payable by the client notwithstanding any decision to cease using the products and/ or services and even if the client does not complete, access, attend or use the entire products and/or services.

4.6. Growing Being shall be entitled to continue processing payments for any monies outstanding using any of the client’s debit or credit card details previously confirmed to Growing Being.

4.7. In the event of any payment due to Growing Being becoming overdue and unpaid for more than 20 (twenty) days, Growing Being may, at its discretion, suspend or withdraw the provision of the products and/or services, without prejudice to any of its other rights as to termination.

4.8. Save as to the cooling off period set out at clause 5, the contract is non-cancellable and payment will be due by the client regardless of whether the products and/or services are used.

4.9. The client acknowledges that they have signed or agreed to the order through their own choice without coercion or any lawful tactics from Growing Being and are fully responsible for their own decisions.

4.10. Growing Being reserves the right to instruct third party legal representation should the client fail to make payment in accordance with these conditions.

5.1. The client has the right to cancel and terminate this Agreement within three (3) days following the Effective Date by providing Growing Being written notice of termination no later than 5:00 p.m. GMT on the third day. If the client exercises this right, Growing Being will refund the total amount paid for the services, minus a 10% administrative fee to cover onboarding, processing, and material costs incurred. If a refund is not requested within the cooling-off period, the client is obligated to complete all remaining payments as agreed under this Agreement, as our services are digital products, they are deemed "used" after being emailed, downloaded, and/or opened. Refunds are not provided under any other circumstances except as outlined in the money-back guarantee provision (Section 3.8).

5.2. If the client initiates a chargeback transaction, they shall be liable for a finance charge of 1.5% per month on the amount of the chargeback until paid in full. Additionally, Growing Being is entitled to reimbursement from client for all damages, reasonable attorneys’ fees, and costs incurred by Growing Being in connection with chargeback reversals and otherwise pursuing and collecting any and all sums owed under this Agreement.

6.1. Neither party shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control including but not limited to acts of God; flood; drought; earthquake or other natural disaster; epidemic or pandemic; terrorist attack; civil war; civil commotion or riots; war; threat of or preparation for war; armed conflict; imposition of sanctions; embargo; the breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; any labor or trade dispute, strikes, industrial action or lockouts; and non-performance by suppliers or subcontractors. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 6 months, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party.

6.2. Growing Being will, under no circumstances, be liable to the client (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), for any indirect or consequential loss, special damages, or any costs or losses attributable to loss of profits or opportunities arising from or in connection with the subject matter of the contract.

6.3. The maximum amount of damages payable by Growing Being to the client in respect of any and all liability (apart from that mentioned above), including liability arising from negligence, under or in connection with the contract shall not exceed the amount paid by, or on behalf of, the client to Growing Being for the preceding calendar month or calculated based on 1/12th of the fees in the preceding 12 months.

7.1. During the Term of this Agreement and for twelve (12) months following its expiration or termination, the client shall not, without Growing Being’s prior written consent, directly or indirectly engage in any business or commercial venture offering services that are competitive with Growing Being’s services. This includes, but is not limited to, services related to relationship healing, emotional wellness programs, personal development coaching, or marketing strategies that target the same clientele as Growing Being.

7.2. During the Term and for twelve (12) months following expiration or termination, the client shall not, without Growing Being’s prior written consent, directly or indirectly solicit or encourage any of Growing Being’s clients, vendors, contractors, or strategic partners to discontinue or modify their relationships with Growing Being.

8.1. Growing Being retains ownership of all rights in its proprietary materials, procedures, methods, techniques, data, information, and trade secrets, along with its trademarks, service marks, copyrights, and patentable subject matter (collectively, “Growing Being Proprietary Materials”). Nothing in this Agreement gives the client any rights or interest in Growing Being Proprietary Materials. 

The client:

(a) shall not copy, reproduce, publish, or disseminate any of Growing Being Proprietary Materials without Growing Being’s prior written consent;

(b) shall not remove or modify any copyright or trademark notices or logos from the materials;

(c) shall not use the materials except for the intended purpose authorized by Growing Being.

9.1. Protected data shall, at all material times, remain the property of the client or its licensor.

9.2. Except to the extent Growing Being has direct obligations under data protection and other applicable laws, the client acknowledges that Growing Being has no control over protected data hosted as part of the provision of the products and/or services and may not actively monitor or have access to the content of protected data. The client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of protected data and non-personal data and that its use (including use in connection with the products and/or services) complies with all applicable laws.

9.3. If Growing Being becomes aware of any allegation that protected data or non-personal data may not comply with the contract, Growing Being shall have the right to permanently delete or otherwise remove or suspend access to any protected data or non-personal data which is suspected of being in breach and/or disclose protected data or non-personal data to law enforcement authorities (in each case without the need to consult the client). Where reasonably practicable and lawful, Growing Being shall notify the client before taking such action.

9.4. Growing Being shall have the right to suspend the products and/or services at any time, and for any reason, without notice. The client accepts and acknowledges that the products and/or services can be withdrawn or may be unavailable due to technical and other issues, or as a result of updates, maintenance or similar circumstances.

10.1. The client agrees to maintain confidentiality of all proprietary information, including program materials and intellectual property, for the lifetime of the agreement. Any unauthorized disclosure of confidential information shall result in immediate termination of access to the program, and Growing Being reserves the right to pursue legal remedies.

10.2. Growing Being will disclose protected data only to those of its officers, employees, agents, contractors and direct and indirect sub-contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the contract or as otherwise reasonably necessary for the provision or receipt of the products and/or services.

10.3. In order to promote and respect the confidentiality of all clients and intellectual property the client understands that the products and/or services, now and in the future, are limited to people who have registered in the respective training. In consideration of, and as a condition for permitting the client to participate in the products and/or services, the client agrees to not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the products and/or services.

11.1. Growing Being gives no warranties of any kind, whether express or implied, for the products and/or services it provides under the contract. Growing Being also disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or interruptions to the products and/or services caused by Growing Being’s negligence or the client’s errors or omissions. Use of any information obtained via Growing Being is at the client’s own risk. Growing Being makes no warranty, whether express or implied, as to the accuracy of quality of information obtained through its products and/or services.

12.1. The client will not, without the prior written consent of Growing Being, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the contract. For the avoidance of doubt, the client will not share the products and/or services or any content, data or information derived from the client’s use of the products and/or services with any third party without the prior written consent of Growing Being, which may be withheld.

13.1. A waiver of any right under the contract is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default.

14.1. Except as set out in these conditions, any variation including the introduction of any additional terms and conditions, to the contract will only be binding when agreed in writing between the Growing Being and the client.

15.1. Any dispute of legal issue arising from the conditions will be determined by the law of Sweden or current registered country court. 

15.2. Each of the paragraphs referred to in the conditions shall be severable and distinct from one another and, if at any time, more and more of such provisions become invalid, illegal or enforceable, the validity, legality and enforceability of the terminating paragraphs shall not in any way be affected or impaired by this.

16.1. The products and/or services are limited to people who have registered for the products and/or services.

16.2. The client will not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the products and/or services.

16.3. The client recognizes that any breach of confidentiality may cause Growing Being and/or other clients irreparable and substantial harm even though it may be impossible to ascertain the full monetary extent of their financial loss.

16.4. Nothing in this contract is intended to limit the client from sharing their experience of the products and/or services with anyone.

16.5. Nothing in this contract is intended to limit Growing Being from sharing coaching recordings, results and any testimonials (written or by video) in relation to the products and/or services, for any reason (including to promote the business of Growing Being) with anyone by any means.

17.1. The client understands that the coaching services they will be receiving are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. The customer also understands that the coaching they are receiving is not from an acting mental health counselor or a medical professional.

17.2. The client understands and agrees that they are fully responsible for their well-being during their coaching sessions, and subsequently, including my choices and decisions.

17.3. The client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and they will not use it in place of any form of therapy.

17.4. The client understands that all comments and ideas offered are solely for the purpose of aiding in achieving the defined goals and that they have given their informed consent, and hereby give such consent to their coach to assist them in achieving such goals and understand that results are not guaranteed.

17.5. The client hereby releases, waives, acquits and forever discharges Growing Being, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages they may claim to have or that they may have arising out of acts or omissions by themselves or by Growing Being as a result of the advice given or otherwise resulting from the coaching relationship contemplated by this agreement.

18.1. Growing Being is committed to providing high quality products and/or services.

18.2. Growing Being has a written complaints procedure in place to ensure that all complaints are handled fairly and promptly. A copy of Growing Being’s complaints procedure can be provided on request.

19.1. Growing Being reserves the right to alter or cancel published dates and change venues without any liability whatsoever.

19.2. Growing Being reserves the right to make changes to the programs, services, products, speakers or venue should that be necessary.

19.3. From the date the contract commences, any behavior displayed by the client that Growing Being deems as disruptive, disrespectful, threatening, abusive or untenable in anyway (to the sole discretion of Growing Being), either in person, via email, via social media or any other forms of means of communication, either directed at Growing Being, Growing Being’s other clients, Growing Being team members or associates, may result in the client being denied access to all aspects of the products and/or services, including but not limited to online support, Facebook groups, live events or coaching calls. All remaining fees would remain payable and any monies for the products and/or services will be non-refundable.

19.4. The client agrees that Growing Being has not made any promise, guarantee, or other representation with respect to the client’s future relationship resulting from the provision of the product and/or service, and that the client has not been induced to enter the contract as a result of any alleged promise, guarantee or representation.

19.5. These conditions supersede any previous arrangement with your concerning their subject matter.

19.6. The client will have lifetime access to course materials. If at any point the client displays behavior that Growing Being deems disruptive, disrespectful, threatening, abusive, or inappropriate, either in person, via email, on social media, or through any other means of communication, Growing Being reserves the right to deny the client access to any or all aspects of the products and/or services, and all fees will remain payable with no refund.