Thank you for choosing to join Financial Powerhouse: The Club!
We want you to be satisfied with your decision to join Financial Powerhouse: The Club, so please read these Terms and Conditions carefully.
These Terms and Conditions constitute a contractual offer made by Dare to Dream Financial Planning, LLC (DTDP) for You to enter into an agreement with DTDP on the terms and conditions set out below.
By clicking ‘accept’ you agree to these Terms and Conditions.
These Terms and Conditions are read in conjunction with the information set out on the Program Information Page at (the Program Information Page) and on the subsequent booking page where you provide your details to make the purchase (the Booking Page). The Program Information Page can also be accessed via the website at https://annanjiekonte.com (the Website).
PARTIES
You are the Participant, and your details are set out on the Booking Page.
DTDP means Dare to Dream Planning, LLC dba Dare to Dream Consulting of 5268-G Nicholson Lane #144 Kensington MD 20895.
DTDP offers an online financial education titled Financial Powerhouse: The Club (the Program) in a group setting, (the Services). You have engaged DTDP to provide the Services.
You have engaged DTDP to provide the Services.
The Engagement
1.1. DTDP agrees to provide the Services for You, for the Fees over the Term, as set out on the Program Information Page or agreed to in writing by the parties from time to time.
1.2. DTDP agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions by You, and upon payment of the required Fees.
1.3. The Commencement Date is outlined on the Program Information Page.
1.4. DTDP will work with you in a group setting to support You to do the work required of You so you can work towards achieving your personal goals and objectives.
1.5. Both Parties agree that the Services will be provided online.
1.6 DTDP will only provide you with a refund of the Services Fees in the event DTDP is unable to continue to provide the Services (the Refund).
FEES
2.1. You agree to pay DTDP the Fees as set out on the Booking Page, which is one of the following options:
(a) 5 payments of $400; or
(b) a Single up-front payment of $2,00.00 USD.
2.2. The Fees payable to DTDP to provide the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by DTDP.
2.3. You agree to make Payment of the Fees via the Website, by the due date of your respective payment plan option.
2.4. In the event that any payment under these Terms and Conditions is not made in full on the due date, DTDP is entitled to charge You interest at the rate of 5% per annum, calculated daily.
2.5. In the event that any payment under these Terms and Conditions is not made in full on the due date, DTDP is entitled to charge You interest at the rate of 5% per annum, calculated daily.
2.6. You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by DTDP for steps taken to enforce payment terms will be recoverable and payable by You.
2.7. Unless otherwise stated, all amounts are listed in United States dollars (USD).
TERMINATION
3.1. You must notify DTDP of an intention to terminate the Services as soon as practicable through e-mail to [email protected] and abide by the following (Termination Policy).
3.2. The Program is non-refundable. This is due to the nature of the Program and that fact that you have access to the Program materials and DTDP’s intellectual property from the commencement date. You acknowledge and agree that You are receiving considerable value upon registering for the Program that extends beyond the monthly coaching sessions. This means that if you wish to terminate the program after the expiry of the Refund Period, all unpaid amounts of the Fees are non-refundable.
3.3. If you have chosen to pay through a payment plan and you wish to terminate the Program early, the amount of the Fees outstanding as at the date of termination will immediately become due and payable. In this event You agree that DTDP has the right to immediately collect all outstanding amounts owed without notice by charging your method of payment and your access to the Services will be revoked.
3.4. If You are unable to attend a group session, you will not be provided with a refund.
3.5. DTDP may change the Termination Policy at any time without notice with and registrations completed in advance of the change will not be affected.
3.6. DTDP reserves the right to terminate Your involvement in the Services for breach of these Terms and Conditions with 7 days notice by e-mail.
3.7. If DTDP terminates the Services, You agree to pay DTDP for the portion of the Services completed up to the date and time of termination
DELIVERY OF PROGRAM AND LICENSE INFORMATION
4.1. Each purchase of the Services grants to You access to the Program through a Kajabi Membership Portal (the Membership Portal).
4.2. When You purchase the Program through the Website, DTDP grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (the Licence).
4.3. The Licence is valid for so long as you are a member of Financial Powerhouse: the Club. This means the Program will be viewable via the download link for the duration of your membership. After this time the Program will expire and you will no longer be able to access the Program.
4.4. The Program is intended for use by a single person only within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental program materials, booklets, and access to any other aspect of the Program.
GROUP COACHING
5.1. As a participant in the Program You expressly agree that you will not, through any means:
- harm, harass, hassle or abuse other participants; or
- send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- infringe the intellectual property or privacy rights of any participant or any third-party.
5.2. DTDP at its discretion, reserves the right to remove, edit or alter any content created by You or on the Kajabi membership community or any other platform utilised in the delivery of the Services.
5.3. DTDP retains the right to deny You access to the Services at any time for breach of these Terms and Conditions.
YOUR OBLIGATIONS
By registering for the Program, You agree to the following conditions:
(a) Your registration and participation in the Program will not be in breach of any law of your own country.
(b) You have the authority to agree to these Terms and Conditions.
(c) The information You provide when registering for the Program is accurate, and You will keep your contact and payment information up to date.
(d) You will not use any username or display name that is likely to mislead or deceive other participants.
(e) You will not use any username or display name that incorporates the name, image or likeness of another person.
(f) You are not registering to become a participant for anyone other than yourself.
(g) You will not transfer your registration to any third party, without prior written permission from DTDP.
(h) You will keep your registration secure and You will not share your password or username details, or do anything else to jeopardize the security of your registration.
(i) You will notify DTDP immediately if You believe that any files or information You have accessed via the Program and/or the Website, contains viruses, spyware or other forms of malware.
WARRANTY PERIOD FOR THE SERVICES
7.1. DTDP will use its best efforts and take all reasonable steps to help You work towards achieving your desired goals and objectives. However, DTDP makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
7.2. To be clear, DTDP wants you to fully acknowledge and understand that You will only get out of the Program what You are willing to put into it. If You are not prepared to do the work required to move You towards your goals and objectives, You should not complete a registration.
7.3. For major failures with the Service, You are entitled to cancel Your Service contract with DTDP and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
DISCLAIMER
8.1. You are solely responsible for the decisions taken as a result of information obtained through the Service. As such, You agree that DTDP is not and will not be liable or responsible for any actions or inaction, including effects on You, or for any direct or indirect result of any Services provided by DTDP.
8.2. Material presented is believed to be from reliable sources and no representations are made by our firm as to other parties’ informational accuracy or completeness. All information or ideas provided should be discussed in detail with an advisor, accountant, or legal counsel before implementation.
8.3. DTDP solely provides financial education and does not offer financial advice to members of Financial Powerhouse: The Club. Any information provided should be thoroughly researched and vetted by You before implementing.
8.4.
The information contained within Finbancial Powerhouse: The Club and the resources available for download through this website is not intended as, and shall not be understood or construed as, financial advice. Anna N’Jie-Konte is a CERTIFIED FINANCIAL PLANNER certificant and financial advisor, however she is not entering into a financial advisory relationship through this agreement. The information contained on this Website is not a substitute for financial advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a financial professional to address your particular information. DTDP expressly recommends that you seek advice from a professional.
LIABILITY AND WAIVERS
9.1. Liability
The total liability of DTDP arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9.2. Waivers
(a) A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.
DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION
10.1. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
10.2. DTDP must not disclose any Confidential Information to any third party without your prior consent.
10.3. These Terms and Conditions prohibit the disclosure of Confidential Information by DTDP with exception to the following circumstances:
(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions has consented to the disclosure of such information to the professional adviser;
(b) the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of DTDP.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
11.1. You agree that any works, items, materials or information of whatever nature produced or developed by DTDP or under the direction of DTDP pursuant to or in the Program of providing the Services will remain the sole and complete property of DTDP, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(a) If You have fully complied with these Terms and Conditions and if the works, items, materials or information referred to in clause 10.1(a) have been produced by DTDP as part of the Services, DTDP grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(b) There is no assignment of Intellectual Property Rights by DTDP to You pursuant to these Terms and Conditions.
(c) Nothing in these Terms and Conditions affect the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
INDEMNIFICATION
12.1. You hereby indemnify and agree to keep indemnified DTDP against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
FORCE MAJEURE
13.1. If circumstances beyond the control of DTDP prevent or hinder its provision of the Services, DTDP is free from any obligation to provide the Services while those circumstances continue. DTDP may elect to terminate these Terms and Conditions or keep these Terms and Conditions on foot until such circumstances have ceased.
13.2. Circumstances beyond the control of DTDP include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
DISPUTE RESOLUTION & MEDIATION
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
14.1. If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under the terms of these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
14.3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
14.4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the relevant jurisdiction.
14.5. It is agreed that mediation will be held in Montgomery County, Maryland, with the venue to be agreed.
14.6. The parties agree to be equally liable for the Fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
14.7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
14.8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
NON-DISPARAGEMENT
15.1. The parties agree that they will not, in connection in any way with the Program and/or the Services, either during the Program or after the termination of the participant’s involvement in the Program for any reason, make or publish any adverse, disparaging or other comments that are intended to, or have the effect of, bringing another party into disrepute.
15.2. The parties acknowledge and agree that a breach of this clause may cause damage to the other party, and an aggrieved party may have the right to commence legal proceedings seeking damages should this clause be breached.
MARKETING
You agree that any testimonials that may be provided by you from time to time may be used by DTDP for marketing purposes.
NO PARTNERSHIP OR AGENCY
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
GOVERNING LAW & JURISDICTION
18.1. These Terms and Conditions are governed by the laws of Montgomery County, MD.
18.2. In the event of any dispute arising out of or in relation to the Services, DTDP agrees that the exclusive venue for resolving any dispute shall be in the courts of Montgomery County, Maryland.
SEVERANCE
Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
ENTIRE AGREEMENT AND MODIFICATIONS
Both You and DTDP confirm and acknowledge that these Terms and Conditions, Financial Powerhouse: The Club Program Booking Page and Program Information Page of the Website constitute the entire agreement between You and DTDP and shall supersede and override all previous communications, either oral or written, between the parties.