1. Every client who subscribes to the services, consultations and courses available on the website has to prepay the amount highlighted at the payment screen emanating from the ItsHealthyMoms or StrongHealthyWomen’s server, and on successfully making the payment, the client will be intimated of the successful payment, resulting in complete access to the services of ItsHealthyMoms’s or StrongHealthyWomen’s to the client.
2. ItsHealthyMoms or StrongHealthyWomen’s provides an option to its clients to make a part payment of not less than 2/3rd of the scheduled payment at the time of subscription, which will entitle them to limited access to the whole course they opt for. The client further undertakes to make the remaining 1/3rd payment within the time specified by ItsHealthyMoms or StrongHealthyWomen.
3. The complete course will become accessible on making the payment of the remainder amount by the prescribed date. In case the remainder is not paid by the date prescribed, the access to the Service Product will be rescinded and the present agreement will be terminated forthwith under Clause 5.3(a) of the present contract.
4. ItsHealthyMoms’s or StrongHealthyWomen’s reserves the sole discretion to sanction any refund to the Client, depending on the conduct of the client and the circumstances that has led to the termination of the present agreement.
5. Term, Duration and Termination:
Note: It is clarified that subscription becomes finalized and the unrestricted access is granted on making of the payment of the course fee.
5.2 Duration-The duration of session and courses offered by ItsHealthyMoms’s or StrongHealthyWomen’s is indefinite and completely depends on the client. ItsHealthyMoms’s or StrongHealthyWomen’s undertakes to give unfettered access to all the materials and expert sessions/classes/lectures to the subscribed client at a single point of time which will be post making of payment. To make use of thematerials offered by ItsHealthyMoms’s or StrongHealthyWomen’s is completely left at the will of the client and ItsHealthyMoms’s or StrongHealthyWomen’s reserves no right to close any subscriber’s subscription for not completing their selected course within a specific period of time unless the contract gets terminated. Hence there is no specific period of time within which a course becomes completed. The contract may be declared as expired, if on completion of the course the Client has no more follow up queries or a need of assistance from ItsHealthyMoms’s or StrongHealthyWomen’s, thus making the present agreement redundant.
5.3 Termination-This Agreement may be terminated at any time as follows:
a. Termination for material breach– For any material breach or failure of performance by either party, the non-breaching party may (reserving all other remedies and rights under this Agreement and at law and in equity), terminate this agreement in whole or in part, by tendering a notice of termination which needs to be reverted to by the breaching party within a week of receiving the notice to show cause. The said notice should depict the breach caused by the breaching party and the breaching party should cure such breach or if dissatisfied with the cause shown or if such breach is incapable of being cured, termination shall become effective from the date of receipt of notice of termination. In case of termination due to material breach, no Client’s request for refund will be entertained and thus will be pre-emptively rejected.
b. Termination for convenience- ItsHealthyMoms’s or StrongHealthyWomen’s may terminate the present agreement in whole or in part at any time upon a week’s prior notice to the client, in the event ItsHealthyMoms’s or StrongHealthyWomen’s determines to terminate the subscription of the client or for any other reason on its sole discretion. Upon termination pursuant to the present clause, ItsHealthyMoms’s or StrongHealthyWomen’s shall be under no obligation to the client, except reimbursement/refund of the subscription amount that was prepaid by the client, given that the client has not unduly or illicitly or in a manner inimical to the terms of the present contract used the materials provided by the ItsHealthyMoms’s or StrongHealthyWomen’s. If yes, then in that situation ItsHealthyMoms’s or StrongHealthyWomen’s reserves due right to forfeit the subscription amount paid by the client.
c. Termination for Unprofessional Conduct– If the client acts in an unprofessional manner including material theft, proprietary infringement, profanity, indecorous behavior in live sessions or any other act that may be labelled as unprofessional conduct by any reasonable man the contract will be liable to be terminated, with a right to forfeit the subscription amount.
d. Effects of termination– After receipt of notice of termination and except as otherwise directed by ItsHealthyMoms’s or StrongHealthyWomen’s:
a. All contractual relationships between ItsHealthyMoms’s or StrongHealthyWomen’s and the client will cease to exist;
b. ItsHealthyMoms’s or StrongHealthyWomen’s will reserve its right to exercise any legal remedy available to it in case of any damage afflicted due to the client’s action;
c. If a part of the contract is terminated then, both the ItsHealthyMoms’s or StrongHealthyWomen’s and the client will strive to continue with complying with the terms of the contract which are not terminated.
d. If otherwise provided, ItsHealthyMoms’s or StrongHealthyWomen’s has all the authority to restrict the access to the material offered to the client to any extent in case of termination;
e. The client upon termination undertakes to disclaim all the material offered by ItsHealthyMoms’s or StrongHealthyWomen’s in their possession and further declare to keep on complying with the terms agreed upon on signing of the present agreement.
Note: On termination of the contracts, all terms and clauses which have been specifically declared to be perpetually surviving will subsist and will bind the parties regardless the termination of this present agreement