Slingshot Terms and Condition 

Effective date: May 25, 2022

 

All clauses in this Agreement displayed in BOLD are provisions which limit the risk or liability of Slingshot and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Slingshot or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to this Agreement.

  1. INTERPRETATION AND DEFINITIONS
    1. "Agreement" means the terms and conditions set out in this legally binding agreement that regulate your use of the Services and our relationship with you;
    2. "Platform" means the Kajabi website used by Clients to access the Services and Coaches to provide the Services;
    3. "Client" means the person receiving the Services in terms of this Agreement, subject to clause 6 below;
    4. "Coach" means the coach that provides support to the Client as part of the Services;
    5. "Slingshot" and "us" and "we" means Slingshot, a non-profit company, duly incorporated in terms of the applicable laws of the United States of America, email https://www.helloslingshot.org/contact
    6. "Fees" mean the program fee(s) payable by the Client to Slingshot for the Services;
    7. "Services" means the services supplied by Slingshot to Clients, as further described in clause 8 below;
    8. "Stripe" means the third party payment provider, Stripe Payments Europe, Ltd. and its subsidiaries and affiliates; and
    9. "Website" means https://www.helloslingshot.org including all sub-domains.
  2. WHEN DOES THIS AGREEMENT APPLY?
    1. This Agreement will apply when you use the Services as a Client. You are required to accept the terms of this Agreement in order to use our Services and do so when making payment of the Fees. 
    2. We reserve the right to refuse any request for our Services without notice or reason.
    3. This Agreement will also apply to any future services and interaction channels that may be made available by us unless stated otherwise.
  3. OTHER APPLICABLE TERMS
  4. Your use of the Services will be regulated by this Agreement as well as any other terms that are available on the Website or App ("Additional Terms"). The Additional Terms include the privacy policy governing the use of your personal information ("Privacy Policy") and the general browser terms applicable to the general use of the Website and App ("Browser Terms"). The Additional Terms apply to all users, including Clients, of the Website. If there is a conflict between this Agreement and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) this Agreement, (2) the Privacy Policy and (3) the Browser Terms.
  5. CHANGES TO THIS AGREEMENT
    1. We may change or add to this Agreement, change or cancel the Services or offer new services to you or change or remove the Website from time to time at our discretion. We will notify you of any material changes via email which will contain a link to the updated terms or with a prominent notice on the Website. For continued use of the Services, you may be requested to accept new or amended versions of this Agreement.
    2. We will give you 30 (thirty) days' notice of a material change to this Agreement. Should you disagree with the changes, you must discontinue using our Services.
  6. DURATION OF THIS AGREEMENT
  7. This Agreement applies for as long as you use our Services and the period until any disputes have been settled in the event of any disputes arising from the use of the Services.
  8. OUR CLIENT
    1. Our Services are offered to persons for education-related purposes and may therefore be used by persons who are under the age of 18 (eighteen) ("Minors").We do not enter into this Agreement with a Client who is a Minor.
    2. Where the person receiving the Services is a Minor, our Client will be the parent, guardian or carer of the Minor and who is responsible for the Minor ("Parent"). We enter into this Agreement with the Parent.
    3. Where a Parent is our Client, this Agreement will still apply to the Minor in so far as it applies to the Services being provided and the Minor will be required to comply with its terms.
  9. YOUR ACCOUNT
    1. In order to access the Services, an account must be created on the Website with certain information about the Client, which may include information about the Minor and Parent if applicable (the "Account"). Slingshot will create the Account for the Client and will require the Client to create user login details with a password.
    2. By creating an Account, you acknowledge and agree that all information provided to Slingshot is true. No Minors may provide information for purposes of creating an Account and Slingshot will receive all information from Clients on the basis that it has been provided from a Client who is not a Minor.
    3. Slingshot reserves the right, in its sole discretion, to suspend any Accounts that appear to have been created by Minors on a Parents' behalf.
    4. You, as the Client, are solely responsible for the safekeeping of your Account information. This means that should anyone enter your Account information (whether that be you or anyone else), we assume that the person using the Services is you.
    5. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your Account, and change your Account information.
  10. OUR SERVICES
    1. access to various learning and productivity tools;
    2. communication with a dedicated Coach;
    3. access to learning materials; and/or
    4. any other features which may be made available from time to time.
    1. We offer a face-to-face and online service that coaches young people in developing habits and skills used to develop agency and purposeful direction in work and life.
    2. The Services include:
    3. Slingshot does not warrant that the Services will result in Clients becoming top-performers. The information and tools made available in the Services is on an as-is basis and should be used for informational purposes only. Any reliance on such information and tools is at your own risk.
    4. Changes to the Services. Should any material aspects of the Services be changed for whatever reason, we will notify you of the changes via email and inform you of your options should you no longer wish to use the Services.
  11. SUBSCRIPTION PLANS
    1. Our Services require payment before you can access them. We may also offer trial periods, promotional plans and memberships, products and services of third parties.

The Services are made available in various subscription plans:

 

Slingshot Cohort

Payment plans offered

Subscription period

6-8 weeks

1-time payment - $980

2 payments of $490 for at total of $980

Cancellation notice required

72 hours written notice by the Client prior to the session beginning.

  
  1. "Subscription Plans"
  2.  Prepaid Subscription Plans. Clients subscribe for the Slingshot Coachings which allows Clients access to the Services as agreed with Slingshot.  
  3. Slingshot may offer discounted Fees where a Client subscribes and Fees are waived or paid by private grants or donors for the Subscription Plan in advance. The discounted Fee will be applied where the Client registers for the program using a special link or code provided by Slingshot.
  4. Cancellation of Subscription Plans.
    1. Notice. Cancellation requests must be submitted at least 72 (seventy two) hours prior to the beginning of the coaching program.  Slingshot reserves the right to charge you the Fees associated with a cancellation request in accordance with this clause.
  5. Changes to the Fees. Slingshot may change the Fees for the Services and Subscription Plan from time to time and will communicate any Fee changes to you in advance. Changes to the Fees will not apply to Services that have already been paid for.
  6. Subject to the remainder of this Agreement, no pro-rata refunds will be provided in the event of you canceling your Subscription Plan before the end of the month as you will retain access to the Services until the end of the month.
  1. PAYMENTS
    1. credit or debit card payment via Stripe;
    2. any other payment method made available by Slingshot.
    1. Billing details. Billing details are required before you can use the Services. You warrant that you are authorized to use the relevant billing details, and we reserve the right to terminate any Service if you are not authorized to use such details. You must ensure that there are sufficient funds to cover the Fees when they are billed, and you acknowledge that Slingshot will not be liable for any overdraft fees that you might incur.
    2. Manner of payment. Depending on your location, the Fees can be paid via various payment methods:
    3. Stripe. If and when using Stripe to pay the Fees, you will be required to agree to the terms and conditions stipulated by Stripe and agree to pay any fees that may be charged by Stripe.
    4. Third party payment gateways. If you pay the Fees through a third party payment gateway, you will be required to agree to the terms and conditions stipulated by any such third party and agree to pay any fees that may be charged by the third party.
    5. Under no circumstances will Slingshot be responsible for any fees incurred by you to Stripe or any third parties.
    6. Transaction records. We will make all documentation relating to transactions between you and us available to you via email.
    7. Failed purchase. Should payment of the Fees be unsuccessful, you will be notified of this and will be able to attend to payment again. In the event of a failed purchase, you will not be able to use the Services until you have successfully made payment of the Fees.
    8. Taxes. Other than VAT, all Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under applicable laws, the Client is responsible for any applicable taxes, whether they are listed on the transaction documents or not.
    9. Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or the billing details provided are no longer valid, you will be liable to us and/or Stripe or a third party payment provider for any penalty which we or Stripe or the third party payment provider incur to that bank or other payment processor.
    10. Foreign currency. If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
    11. Exchange control. Where you make payment of the Fees from one country to another, you may be subject to the exchange control regulations and limitations of the country from which the payment is being made. In these circumstances, you agree that any limitation or regulation that is applicable to you, must be accounted for by you in a manner to ensure payment of the Fees in terms of this Agreement.
  2. REFUNDS
    1. Given the nature of the Services, we do not generally offer a refund or credit on  Fees once you have started to use the Services for that month unless required under consumer protection laws.

 

  1. Cancelled Services. In the event of the Services being canceled in terms of clause 11.2, we will provide you with a refund of the Fees paid by you, which may be a pro-rata amount of the Fees.
  2. Reasonable cancellation fee. Where the Client has subscribed to the Subscription Plan for Coaching Course and the unused Course is  canceled Slingshot will refund the Fees in respect of the unused weeks of the course after the Client has been charged a reasonable cancellation fee in terms of applicable law. The cancellation fee will be determined by taking into account the circumstances of and reasons for cancellation and the number of Pre-Paid Periods remaining.
  3. Service changes. In the event of the Services being changed materially, we will provide you with a refund of the Fees paid by you should you no longer wish to use the Services, provided that you have not used the Services after being notified that they are due to change.
  4. Payment of refunds. In the event of a refund being provided, Coachbit will credit the Client with the Fees being refunded within 14 (fourteen) calendar days of agreeing to the refund by making payment to the Client's bank account or payment card as nominated in writing.
  1. PROMOTIONAL CODES
    1. We may, at our discretion, make promotional codes available to you, providing a discounted fee. Promotional codes may for example be made available where you have successfully referred new Clients to us.
    2. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.
  2. ACCEPTABLE USE POLICY
    1. make all necessary information available to the Coach as necessary so that the Coach may provide the Services effectively;
    2. only use language that is appropriate and not offensive or discriminatory and treat the Coach fairly and with respect;
    3. ensure that all communications with the Coach are appropriate and limited to what is relevant for the Services;
    4. not discuss any personal matters with the Coach or rely on the Coach for any form of counseling;
    5. not make any inappropriate suggestions to the Coach;
    6. not send any unsolicited communications to the Coach;
    7. report any dispute or issue, including any inappropriate behavior or illegal activity, with a Coach to Slingshot;
    8. where the person receiving the Services is a Minor, ensure that a Parent is aware of the Services taking place and that the Minor is comfortable to continue with the Services.
    1. The Services are made available for the personal, non-commercial use of the Client only.
    2. All activity and communications on the Website between the Client and Coaches are monitored by Slingshot and are used by Slingshot to improve the Services provided to the Client.
    3. Some devices may not support the use of our Website. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Website, including internet access capabilities.
    4. Client conduct towards Coaches. The Client shall:
    5. Slingshot reserves the right to inform Parents where Minors engage in any conduct that is not acceptable in the circumstances or where Minors discuss their mental health or other sensitive issues with the Coach in making use of the Services. Slingshot may inform the Minor that they will inform the Parent of the issue but may discuss the issue with the Parent without the Minor's knowledge if deemed necessary by Slingshot.
    6. The use of our Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.
    7. You must respect our Services and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, including but not limited to unlawfully copying or monitoring our Website or App; interfering or attempting to interfere with our Website or App; providing false information; or using our Website or App to distribute material that is defamatory, offensive, inaccurate, abusive, contains hate speech or otherwise violates any laws.
  3. SUSPENSION OF THE SERVICES AND/OR WEBSITE OR APP
    1. Slingshot may temporarily suspend the Website or Services for any reason, including repairs or upgrades to the Website or other systems. Slingshot will take reasonable efforts to notify Clients of such suspensions in advance.
    2. In the event that the Websiteor Services are suspended for a period of 30 (thirty) calendar days, resulting in Clients not being able to access the Services, Slingshot will inform Clients of the suspension in advance (if possible) and will, at the Client's election, (i) suspend the Subscription Plan; (ii) refund a portion of the Fees pro-rata to the suspension period; (iii) or terminate the Client's Subscription Plan and refund the Fees pro-rata.
  4. CANCELLATION AND SUSPENSION
    1. At any time, and without cause, we may cancel or suspend your use of the Services in our sole discretion, without any liability, if you are in breach of this Agreement.
    2. If any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
    3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of this Agreement.

 

  1. DISCLAIMER
  2. Slingshot endeavors to render an excellent service, in collaboration with its Coaches. However, Slingshot does not make any guarantees regarding the level of improvement the Client will achieve. Ultimately, it is the Client's (and the Minor's) responsibility to invest the time and effort needed to achieve goals.
  3. WARRANTIES AND REPRESENTATIONS
  4. SUBJECT TO APPLICABLE LAWS:
    1. the Client has the legal capacity to agree to and be bound by this Agreement and is at least 18 (eighteen) years old; and
    2. this Agreement constitutes a contract valid and binding on and enforceable against the Client.
    1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement;
    2. continue and remain in force irrespective of whether this Agreement are active, suspended or canceled; and
    3. be deemed to be material.
    1. Slingshot warrants that all Services provided in terms of this Agreement shall be provided in a workmanlike manner and that Slingshot will comply with its obligations in terms of this Agreement. Save for this warranty, Slingshot gives no other warranties and makes no representations to the Client. The Client's sole and exclusive remedy for breach of warranty shall be re-performance of the Services, or termination of this Agreement and return of a portion of the Fees paid by the Client.
    2. The Client warrants to and in favor of us that:
    3. Each of the warranties given by you will:
  5. LIMITED LIABILITIES
    1. Except as expressly provided for in this Agreement or in terms of applicable law, Slingshot will not, under any circumstances, be liable to the Client for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts which the Client may sustain or suffer (or with which the Client may be threatened) as a result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of this Agreement or in the course of the discharge or exercise by Slingshot or its employees, agents, professional advisors or delegates of their obligations or rights in terms of this Agreement or the termination of this Agreement for any reason.
    2. Where any matter results in a valid claim against Slingshot, Slingshot's liability will be limited to the Fees paid by the Client in respect of the Subscription Plan for the specific month(s) from which the valid claim arose, unless the matter arose as a result of the gross negligence of Slingshot.
  6. INDEMNITY
  7. Very important: the Client indemnifies Slingshot against any claims by any third party that Slingshot may suffer or incur as a result of any breach by the Client of any of the terms of this Agreement.
  8. DISPUTES
    1. In the event of a dispute between the Client and a Coach regarding their working relationship or the Services provided, the Client authorizes Slingshot to assist in investigating and mediating such dispute with the Coach on its behalf.
    2. Any dispute which arises out of or pursuant to this Agreement between the Client and Slingshot (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force.
    3. The parties shall use their best endeavors to procure the expeditious completion of the arbitration.
    4. The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
  9. ELECTRONIC MESSAGES AND COMMUNICATION
    1. We will primarily use email, and electronic notices on the Website as our main communication tool for all communications relating to our Services or this Agreement. This may also include the use of SMS (short message services), registered mail or telephone.
    2. Please note that by accepting this Agreement and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws. This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
  10.  FORCE MAJEURE
  11. Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
  12. SECURITY
    1. It is in your interests to familiarize yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.
    2. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your personal information through the Services.
  13. GENERAL
    1. Slingshot selects the address and email address indicated on each invoice and in clause 1.5 above, as updated from time to time, as its physical and email address for the service of all formal notices and legal processes in connection with this Agreement.
    2. The Client hereby selects the physical and email address indicated on each invoice as its physical and email address for service of all formal notices and legal processes in connection with this Agreement. The Client may change these details by providing Slingshot with 7 (seven) calendar days' notice in writing.
    3. Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and date of sending, subject to the terms of this Agreement that may regulate alternative specific notice requirements in some instances.
    1. Intellectual Property. The Client acknowledges and agrees that all right, title and interest in, and to, any of Slingshot's intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or the Services is proprietary to Slingshot or the respective owner(s)' property and will remain our or the owner's property at all times. The Client agrees that it will not acquire any rights of any nature in respect of that intellectual property by using the Services.
    2. Personal information. Slingshot takes the right to privacy seriously and is committed to taking steps to protect the Client's and Coach's privacy when using the Services and implements business practices that comply with applicable laws. All personal information of Clients and Coaches will be processed in accordance with Slingshot's privacy policy and in compliance with applicable laws. The privacy policy can be found on Slingshot’s Website.
    3. Entire agreement. This Agreement, together with the debit order mandate form and another other written agreement if applicable, constitutes the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this Agreement.
    4. Confidentiality. Neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
    5. Law and jurisdiction. This Agreement and all obligations connected to or arising from it shall be governed and interpreted in terms of the laws of the United States.  
    6. Good faith. The parties shall in their dealings with each other display good faith.
    7. No waiver. The failure of Slingshot to insist upon or enforce strict performance by the Client of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of Slingshot's right to enforce any such provision or right in any other instance.
    8. No assignment. The Client will not be entitled to cede its rights or delegate its obligations in terms of this Agreement without the express prior written consent of Slingshot.
    9. Relationship between the parties. The parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
    10. No representation. To the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    11. Severability. Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement.
    12. No stipulation. No part of this Agreement shall constitute a stipulation in favor of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
    13. Notices.
  14. LEGAL DISCLOSURE
    1. Website owner: Slingshot
    2. Legal status: Slingshot is a non-profit company, incorporated in terms of the applicable laws of the United States of America.
    3. Directors: Tyler Lafferty and Lisa White
    4. Description of main business of Slingshot provides coaching face-to-face and online to inspire young people with purposeful direction for work and life through the use of various technological tools, information and communication with coaches.
    5. Email address: [email protected]
    6. Website address: https://www.helloslingshot.org

 

 

Contact Us

If you have any questions, concerns or complaints about thisSlingshot Terms and Conditions,  please contact us:

  • By email: helloslingshot.org
  • By visiting this page on our website: https://helloslingshot.org
  • By phone number: 509.599.9722 
  • By mail: 244 W. Main, Spokane, WA. 99201