Terms of service
Terms and Conditions of use.
Terms and Conditions of Use for Sun Kissed Virtual Assistant
Last Updated on March 16th, 2023.
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
This website is owned and operated by Sun Kissed Virtual Assistant, a Florida company.
You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Sun Kissed Virtual Assistant (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at [email protected] and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Sun Kissed Virtual Assistant, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may use Our intellectual property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.
ONLINE COURSE INTELLECTUAL PROPERTY
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Sun Kissed Virtual Assistant.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
● Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
● Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
● Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing © Sun Kissed Virtual Assistant as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
● Re-sell or trade Your access to the Offering.
● Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
● Use the Offering to generate revenue as a virtual assistant, social media manager and/or any other public listings.
● Reprint or republish any of the Offering, in part or in whole.
● Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
● Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
● Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
● Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at [email protected].
CIVIL AND CRIMINAL PENALTIES
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Florida by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe and Paypal. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at [email protected].
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as ThriveCart, Thinkific, SquareSpace, Shopify, Google and CinchShare.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
We take Your investment seriously, and We’d appreciate if You took Our investment of time and resources into Your success seriously, too.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to [email protected] to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
LAW AND JURISDICTION
ALL RIGHTS RESERVED
Email: [email protected]
Terms and Conditions of use for Product Drop Organizer Club membership.
If you are enrolled in the Product Drop Organizer Club membership, the above terms apply in addition to the following:
Our core ethos for Sun Kissed Virtual Assistant is to provide a valuable Product Drop Organizer Club membership that provide tools to streamline your online business tasks. This document details from the outset the way in which we will deliver our services to you. If you are planning to join Product Drop Organizer Club, (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
1. 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 Sun Kissed Virtual Assistant. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Sun Kissed Virtual Assistant (“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.
2. Membership Outline
Product Drop Organizer Club is a membership platform for streamlining your product drop process. The Membership is an ongoing commitment where you can get regular support and guidance.
The aim of this membership is to assist handmade sellers in organizing their products drops. If you do not have sell a product that requires ongoing, rotating product offerings. This club may not be a good fit for you.
This membership is suitable for those who are over the age of eighteen and who has an active handmade, physical product-based business.
4. Membership Specifics
There are five elements to the Membership:
i) 20 weekly product mockups
ii) Shopify & Wix CSV import files
iii) Monthly Q&A or Training Sessions
iv) A Content Calendar voucher (expires month end)
v) Private Facebook Group
20 weekly product mockups
The mockups will be provided as a zip file for personal use download. Mockups will be stored for three months and available for download. After three months, the mockups will be removed from the membership portal.
Shopify & Wix CSV Imports
A Google Sheet file will be provided monthly for both the Shopify & Wix platforms to match the provided mock-ups. The CSV files will be available for six months.
Monthly Q&A or Training Sessions
Each month there will be a Q&A session or training session on a specific topic.
Regarding the Q&A sessions, you will get the chance to ask questions about the product drop process or specified monthly topic. Question forum will be provided prior to the Q&A. Questions provided on the live training are not guaranteed to be answered live, but will be answered at a future date.
Regarding month's with a live training, it will be led by the owner of Sun Kissed Virtual Assistant, hired Independent Contractor, or volunteer for "How I Did This." From time to time they may also be joined by experts in various industries to share their expertise.
The Q&A or Training will take place live (on rare occasion the training will be pre-recorded).
The information and guidance shared will be based on experience, proven methodology, research, personal education and sourced references.
The live sessions will be recorded and made available in the membership portal for no less than six months for replay.
Content Calendar voucher (expires month end)
A coupon code to receive one Content Calendar for 100% OFF will be updated monthly. The code expires month end and will not be available for use if the window is missed. The Content Calendar does not include graphics and will need to be purchased separately from my collaborator, Queen B Graphics & Design.
Private Facebook Group
You will have access to a private Facebook group to support you during the Membership. The intention of the Facebook group is to provide community support and a network of individuals at a similar stage of the Product Drop Organizer club and who are facing similar challenges.
From time to time, Amy Wheat (membership owner) and Administration team may post and offer support in the Facebook Group but there is no guarantee that posts will be responded to immediately or that any Facebook mailboxes will be monitored.
Please be advised that whilst we hope that you will be able to utilize the Facebook group, we make no guarantees as to the availability of the group and/or the content within the group at any time. Therefore, always ensure that you have back-up copies of any information shared within the group.
Sun Kissed Virtual Assistant cannot guarantee the offering of certain Facebook tools and their availability depending on your account. Any technical issues will need to be submitted directly to Facebook.
It is requested that at all times your behavior towards others is polite and respectful. Should your behavior be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behavior, and we will not be held responsible for the behavior or actions of any other Members.
6. Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is inclusive of taxes. Upon subscription enrollment, you will agree to monthly payments via your chosen payment platform.
The Membership is an ongoing monthly subscription and payment will be taken on the same day each month.
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.
7. Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and find more freedom, both figuratively and literally by scheduling your product drops in advance. 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 if you change your mind. Your statutory refund rights are not affected.
Should you wish to cancel your Membership, you can do so directly within your Membership account portal. You will not be rebilled on your next billing date.
We reserve all rights to cancel the program 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
8. Contact and Schedule
It is the intention that the Membership will run continuously and that any training material, live Q&As and live training sessions will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible.
Throughout the Membership we will be available via email at [email protected].
If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. 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.
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 you will receive content that allows you to schedule efficiently by saving time from searching for it yourself.
All training provided will be general information and guidance and will not be bespoke advice. 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.
11. Privacy and Confidentiality
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 [email protected].
12. Intellectual Property
During your time as a Member you will be provided with mockups, CSVs, videos, PDFs, templates, audio files, transcripts, and written tools. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
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 for yourself or by sharing with another business. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them.
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.
15. 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.
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 Amy Wheat at [email protected].