Membership Terms & Conditions
Our core purpose for Nurture & Connect is to provide done-for-you content for practitioners of eastern medicine modalities which You may edited without limitation to suit Your brand and voice for use in Your own business. This document details from the outset the way in which We will deliver our services to You. If You are planning to join Nurture & Connect, (“the Membership”) then You must read these terms and conditions in full prior to purchasing.
Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership You will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Nurture & Connect. Please read them carefully as they affect Your rights and liabilities under law and set out the Terms under which Nurture & Connect (“we”, “our” or “us”) provide services to You, as purchaser of the Membership. These Terms are subject to any rights You have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates Your acceptance of the terms and agreement to any changes.
Membership Outline
Nurture & Connect is a membership platform that provides done-for-You, editable, customizable content for use in the promotion of Your own business via email newsletter, blog or social media methods. The Membership is an ongoing commitment where You can get regular support and guidance.
The content is written specifically for practitioners of Eastern medicine modalities and most closely aligned with practitioners who are trained in both acupuncture and herbal medicine, but still applicable to any practitioner of any Eastern medicine modality (eg. LAc, DAOM, AMMA Therapy Practitioner, Jin Shin Jitsu Practitioner, Tui Na practitioner, etc.) The aim is to save You time by provide content that may be applied “as is” with minor edits for Your own specific business details. You may customize the content to better reflect Your brand, voice and niche. It is not designed for practitioners of allopathic healthcare professions unless they also practice some form of Eastern medicine.
Eligibility
You must be 18 years or older to register as a Member and have a valid Eastern medicine business for which You are legally allowed to practice in Your jurisdiction.
Membership Specifics
There are five elements to the Membership:
The Monthly Content
Canva Templates
Introductory Video Tutorial
Email Support
Virtual Assistant Services, optional upgrade
The Monthly Content
The Monthly Content will be available in a password protected Member Area for You to download during the month of Your active membership. New content will be posted for download on the 18th-21st of each month prior to the month the content is intended for use. It is Your responsibility to download Your content each month before access is revoked at the end of the download period which is on the 17th of the next month.
Monthly content shall include:
Monthly Newsletter copy in long form meant for distribution as one newsletter or blog article and the same.
Monthly Newsletter copy broken into four smaller sections meant for weekly distribution.
Subject lines for each with at least two options.
Canva Templates designed with that month’s topic and made available via share links from Canva.com
The Canva Templates will be provided in two forms: one set that uses Pro images and fonts which require a paid subscription and a second set that doesn’t. Many of the Canva Templates will use photography and other design elements copyrighted by @lynettedaudt and/or @estudioa54. Your Membership grants You the right to use these photos only for the purposes stated for the Membership and in the designed templates as designed. You may not extract the photos and use them elsewhere.
Terms and Conditions required by Canva are separate from these terms and available on their website help page in the footer (at the time of this writing).
Canva Templates for each month shall include:
12 square IG posts
8 IG reels
4 video scripts for You to use in recording your own video reels
All Content will be written and designed by our team. From time to time we may also be joined by guest writers, contributors and designers. The validity of such content will always be checked and verified. How well You use the content is Your responsibility. However, we make no claims that it is right for your audience or legal in your jurisdiction.
Introductory Video Tutorial
Inside the Membership Area there will be an instructional video tutorial showing you our intended use of both the written content and the Canva designs. Suggestions for use and comments about design features maybe included. However, it is not within the scope of this Membership to teach You how to use the software applications used in creating this content. You may edit or customize any of the content. If you want assistance with the technical aspects of using The Content, we offer a VA Service. See section below for optional Virtual Assistant Services.
Email Support
We will be available via email Monday through Friday during regular business hours in whichever time zone we happen to be in for general questions that are within the scope of this Membership.
Virtual Assistant Service, optional upgrade
If You would like to hire us to edit, customize and upload Your content to Your website, email sending platform and social media accounts, there is an optional upgrade on our home page. Read the details here and then contact us to see if we are a good fit for working together and if we have availability in our works schedule.
Membership Fees and Payment Terms
The cost of the Membership is set at the time You subscribe. You have two subscription options:
Monthly Membership The monthly subscription is $97 USD plus applicable taxes. The first payment is due immediately upon registering for the Membership. You will be automatically charged $97 USD plus applicable taxes every month thereafter until You cancel Your subscription according to the Membership’s Cancellation Policy set forth below.
Annual Membership The annual subscription is $997 USD plus applicable taxes. The first payment is due immediately upon registering for the Membership. You will be automatically charged $997 USD plus applicable taxes every year thereafter until You cancel Your subscription according to the Membership’s Cancellation Policy set forth below. Refunds are not given. Please make sure that you want an annual Membership before you choose this payment option.
Discounts & Bonuses From time to time, the Company may offer discounts or bonuses to individuals who sign up for the Membership. You shall be entitled to bonuses offered to You at the time of Your registration only.
Renewal Authorization On registering You agree to recurring payments (either monthly or annually as per Your registration) via Squarespace Payments. You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Right to Change Payment Options We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that You can decide whether to consider Your subscription. We shall never increase Your membership fees without providing at least 28 days’ notice and without providing You with advance notification.
Refunds and Cancellation It is our aim that You will be completely happy with the Membership and find it a valuable resource that saves You time and effort which allows You to focus on what You do best while serving Your patients and gaining new ones. However, we appreciate that there may come a time when You wish to leave the Membership.
As You have instant access to the Membership resources You will not be entitled to a refund of Your subscription fees should You join and then wish to leave. Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund under any circumstances if You change Your mind. Your statutory refund rights are not affected. To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Membership will forfeit any rights You might have under that cooling-off period.
Should You wish to cancel Your Membership You may do so within Your Member Area. There will be links to Your account with us in all emails and within the Member Area.
You will retain access to the elements of the Membership, which are set forth below, until the end of the existing subscription period. Upon the completion of the existing subscription period, You will lose access to all aspects of the Membership unless otherwise noted below. You shall not be charged after a cancellation.
Right to Cancel Our Services or Your Membership We reserve all rights to cancel the Membership for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel Your Membership with immediate effect:
If You fail to pay Your Membership fees by the relevant due date;
If You commit a repudiatory breach of the Terms of this agreement;
As decided at our sole discretion from time to time
Content Compliance
The Company shall make best efforts, but makes no warranty or guarantee, to provide content in the Content complies with relevant legal and industry regulations concerning healthcare information, which compliance shall be the Client’s sole responsibility.
Client is solely responsible for ensuring content it uses does not violate any state or federal law, legal regulation, or industry practice, including by way of example only and not of limitation, ensuring language used in Content by the Client does not violate FTC regulations concerning supplements and natural foods and medicine.
Client is solely responsible for determining if legal disclaimers are required or recommended in connection with its use of Content and for drafting and using the same with its use of Content.
Authorized Use of Template Content by Client
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources, including written and design templates. These templates must be customized to your needs, while the original content remains the property of the Company.
Permitted Use:
You may use the content for your own personal or business use.
You may modify and adapt the content to meet your needs.
You may use the content for organic posting to all personal or business social media accounts owned by You.
You may use the content for “boosted” posts but no other paid advertisements.
You may use the content for email newsletters to a subscriber list owned by You.
You may use the content in educational handouts or guides that are not for sale.
You may use the content for a blog owned by You.
Recipes may be shared with or without modifications as long as attribution is always given to the original recipe creator as outlined in the content and a link back to the original recipe is included whenever possible. If we have not given an attribution to an original source, then the recipe has been substantially modified or originally created by us. In this case, You may use it without attribution.
Not Permitted:
You may not use the content for any individual or business except your own. For example, if you are a social media manager for multiple clients, each client must maintain their own individual membership license to use the Membership content.
You may not share the template links in any way that will allow others to download, modify, or access the content.
You may not use the content in a fraudulent, defamatory, pornographic, harassing, illegal, or offensive manner.
You may not publish the content to a third party, such as a magazine or online journal.
You may not use the content in paid advertisements except as “boosted” posts.
You may not claim the original work as your own.
You may not resell the product.
Contact and Schedule
It is the intention that the Membership will run continuously and that any content material, tutorials and services will be provided as set out above.
Should an unforeseen reason arise which cause a service to be delayed or postponed they will be re-scheduled as soon as possible.
Throughout the Membership we will be available by email at hello@nurtureandconnect.co.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be scheduled in advance of publication. We are passionate about supporting everyone in the Membership and where we can we may respond to You out of hours but we make no guarantees that this will always be possible.
Disclaimers
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that gain trust and authority that grows your business, but neither Your results nor Your success are guaranteed by the Membership.
All content and trainings provided will be general information and guidance and will not be bespoke advice. The same content is provided to every Member. It is up to You to customize it should You wish for Your content to be completely unique to You and Your business. We are not responsible for any action or inaction which You take as a result of the information within the Membership.
We are not responsible for any loss of opportunity or any investments which You make. No content in this Membership should be construed as medical advice, whether mental or physical. If You believe that You require medical attention You should seek assistance from a medical professional immediately.
We ask that all members in the Membership respect the rights of others in respect of their behavior and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from Your use of all or any part of the Membership. We shall not be liable to You for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from You, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of Your breach of these terms, or Your violation of any law or the rights of a third party.
Privacy and Confidentiality
Your privacy and protection of Your personal data is important to us. You are responsible for ensuring that Your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
Your personal data is protected as set out in our privacy policy which can be found www.nurtureandconnect.co/privacy-policy. By providing Your personal data You agree to the terms of our privacy policy.
During the course of the Membership You may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, You agree that You will not use or disclose to any person, organization or company, and shall use Your best endeavors to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorized disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should You decide to leave the Membership then You remain bound by the confidentiality and privacy obligations.
Please be aware that some training sessions may be recorded and Your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If You provide or share any information within these sessions about Yourself or Your business that information will be shared within the group. Should You not wish to be recorded please ensure that if You attend any training Your camera is switched off and Your name field is changed to “Attendee” with Your initials so that support can still be offered but no personal identifiable information will be captured.
Your log-in details must remain confidential, and You must not disclose this information to a third party, without our express permission in writing. If You know, or suspect, that Your log-in details have been obtained by a third party, You agree to change Your password immediately, and provide notification of the same as soon as possible to hello@nurtureandconnect.co.
Intellectual Property
During Your time as a Member You will be provided with done-for-you copy and done-for-you Canva design templates. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the Membership content and resources, including written and design templates as single-use, non-exclusive, non-transferable, revocable assets. These templates may be customized to your needs, yet the original content remains the property of the Company. You are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
Third-Party Content Restriction
“Third-Party Content” means all content not created or owned by Company and not created or owned by Client, which may be included as part of Membership content during this Agreement, including but not limited to images, graphs, photographs, artwork, patterns, logos, trademarks, additional text, and quotations.
Member shall make no use of Third-Party Content other than in the specific manner it is licensed by that third party. For example, Canva templates may use third-party content that is subject to Canva's licensing agreement and which may require a paid Canva account for use.
Client is solely liable for changes it makes to Third-Party Content and any other unauthorized uses of Third-Party Content provided to Client by Company during the Agreement.
Non-Compete
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of Your Membership, You shall not use the confidential information revealed to You for any commercial purpose. In addition, You shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, and the event in question continues for a period in excess of 15 days, performance of their obligations shall be postponed until these circumstances end.
Waiver
In the event that we fail to insist upon Your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
Errors and Inaccuracies
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
Jurisdiction
The Parties agree that this Agreement shall be construed under the laws of Texas, USA, regardless of any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in San Antonio, TX, under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Complaints
It is our aim that You are completely satisfied with the Membership. Should You have any feedback please feel free to share it with us as we are always striving to ensure that we provide You with the highest level of service. If You have a complaint about the Membership this should be made to made in writing to Lynette at hello@nurtureandconnect.co.
General
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to You in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of Your service. Any changes will be notified to You as soon as possible.
Membership Terms & Conditions published on 9 November 2024.