Breastmilk DIY Keepsake Kit

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The following terms and conditions have been put together by our legal team.
TERMS AND CONDITIONS:
Terms & Conditions – Baby Bee Hummingbirds Pty Ltd
Parties to this agreement
These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”) and Amy McGlade of Baby Bee Hummingbirds Pty Ltd (“we”, “our”, “us” or similar) which governs your use of our services such as training, consulting services, workshops.
This Agreement governs the terms by which you interact with us and our content.
Our contact details are
amy.thebreastmilkqueen@gmail.com
Acceptance
Please note that by agreeing to these terms, you are entering into a legally binding contract.
If you do not accept all the Terms and Conditions, you must not enroll in Amy McGlade’s The Breastmilk Jewelry E-Course Bundle use or access our content or attend any session offered by us.
Limitation
This course is for your personal education only. You specifically agree not to create a competing course anywhere in the world. You may not share or modify the material in any way with any other person, including on social media without Amy McGlade's prior written consent. See terms relating to intellectual property for more information on limitations. This is a material term of these terms. You agree to liquidated damages in the amount of USD 500 000 if you breach this term.
Your Responsibility To Determine Your Country’s Certification Requirements
Our main expertise in DNA & Breastmilk Jewellery work is in the USA and in Australia, with the content being relevant to users from all over the world. No certification is required in the USA or Australia for someone to conduct DNA & Breastmilk Jewellery work.
As far as we are aware, at the time of creating this course, there is no certification requirement anywhere in the world for someone to conduct themselves as a DNA & Breastmilk Keepsake Jewellist. Jewellery work appears to be unregulated in every country that we have done research in.
Our fully comprehensive course does provide you with a DNA & Breastmilk Jewellery certification of completion (see section below for more information).
Laws and regulations do change from time to time and it is simply impossible for us to keep up with the requirements of the Jewellery industry for every country in the world. It is YOUR RESPONSIBILITY to find out if certification is a requirement in your country. If it is, please let us know and we will attempt to have our certification officially recognised in your country by the official regulatory body. If your country does not have a certification requirement (which is the situation in every country we are aware of at the time of creating this course), then you can simply rely on our certification of completion without having to do anything else.
It is important to be proactive as a professional and strive to self-regulate before relying on a regulatory body to impose parameters or policy on you. Our training teaches you to operate in full integrity alongside the certification provided.
Certification & Professional Development
12. Our course provides these;
A fully comprehensive course, recommended for you if you are intending to work as a DNA & Breastmilk Keepsake Jewellery Artisan.
Once the curriculum is completed and certifying elements successfully tackled, you will receive an approved listing in our ‘Endorsed DNA & Breastmilk Keepsake Jewellery Artisans’ global directory.
For certification you must:
complete each module
pass a mini-quiz on each module
watch all of the required videos
listen to all of the required audio
read all of the required reading
watch monthly webinars
craft 3 pieces using the crystal or bead mold provided in their kit; containing your choice of DNA or Breastmilk inclusions
provide feedback from the clients you’ve created those 3 pieces for
Provide a short business plan outlining the ways you are going to ‘know and grow’ your business - a sample business plan will be provided to you
Provide a sample of your workflow (how you take and process orders, organisations, continuity, communication, sending orders, hygiene, etc.) - a sample workflow will be provided to you
submit an introspective essay on the theme of your experience training as a DNA & Keepsake Jewellery Artisan, what this work means to you, and what you envision creating/doing with your own DNA & Breastmilk business
The business plan is not a “test”, but rather to help ensure that you are fully ready to step into your business as a DNA & Breastmilk Jewellery Artisan. Guidance will be provided for you for all of the above including how to find your first three clients. We recommend that these should preferably be paid clients. These must be clients you have obtained after starting this course.
It is recommended you take no longer than 14 weeks to complete this course. This is to ensure maximum retention of information, as well as to keep you as motivated and proactive whilst you complete the course.
You will not be told what to charge as a professional DNA & Breastmilk Jewellery Artisan and/or graduated student, but you will be encouraged to use quality product and charge a fee that is aligned to sustainability, profitability and thriveability.
You agree to be bound by our Code of Conduct, which sets high ethical and practical expectations. This Code may reasonably be updated from time to time. Once you are certified you will continue to adhere to the code in order to maintain your certification and association in our ‘Endorsed DNA & Breastmilk Keepsake Jewellery Artisans’ listing & directory. The Code is necessary so that jewellers with our Certification become known as having the highest standards in the DNA & Breastmilk Keepsake Jewellery industry world-wide. You understand and agree that you may be stripped of your Certification should you breach our Code of Conduct after you have certified.
Your Commitment and What Amy teaches
By entering into this agreement, you are committing time and effort to learn and practice the methods and processes that we teach. We do not claim that our methods are the only methods, but they are indeed methods that have been tried, tested and proven to be sound (i.e exclusive preserving methods). To get the best out of this course and to succeed both as a DNA & Breastmilk Keepsake Jeweller, and in running a DNA & Breastmilk Keepsake Jewellery business, we strongly recommend following our teachings, unless you find a way that works better for you in a particular situation, in which case we urge you to brainstorm about this with your peers and educators in the Facebook Group for students.
Being a DNA & Breastmilk Keepsake Jeweller is emotionally, physically and psychologically challenging. You must be prepared to work hard and put time, effort and energy into learning our methods and running your DNA & Breastmilk Keepsake Jewellery business.
We will teach you processes and tools that have worked in Amy McGlade’s own business and the businesses of her clients. Other DNA & Breastmilk Keepsake Jewellery business owners have had very good success with these tools, also. It is important to remember that if you skip steps that we teach or do not follow the processes, you may only have partial success. To get the best results, we recommend that you follow our entire system. Results will vary depending on how closely you follow our systems, how much you interact with our group (online and in person), and the state of the industry in your particular country. Our systems should work anywhere in the world, provided you are putting in the energy required.
You agree to use the highest quality of products and jewellery when creating and crafting in your respective businesses as a student and/or professional. For quality assurance purposes, will not endorse the use of adjustable rings or techniques that involve pouring resin mixture directly into a bezel (as opposed into a mold), as we know this is a flawed process; nor will we endorse the purchase of subpar jewellery.
Academy students are responsible for sourcing proven quality pieces as this will directly impact the end result and outcome, as well as the overall experience of your client/s. Taking due diligence to source quality jewellery will elevate your brand and reputation. If students remain unsure about the quality of an item/s, Amy recommends you 1) test the piece of jewellery BEFORE including it in a package or offering to ensure viability 2) pay attention to price point as small price points typically indicate poor quality and it is best to avoid these. The risks of you not sourcing proven quality pieces are dissatisfactory experiences, poor feedback, negative reviews and the disapproval of the DNA & Breastmilk Jewellery industry as a whole.
You agree to abide by the highest standard of good ethical conduct when using the processes we teach you, including not using the processes or information taught to cause harm or injury or for any illegal purpose (including breach of relevant privacy laws and bloodsafe guidelines.)
You agree not to sell, give away, publish, post or modify any of our content or give anyone access to your user account.
If you make any content available through or in connection with this course, for example, via our group Facebook page, you hereby grant us a royalty-free, irrevocable perpetual right to use it for marketing purposes.
No Guarantees
We cannot offer a guarantee that you will achieve a certain level of engagement, success or profit. A lot depends on how much time and effort you put into following the system that we teach you. Of course, engagement, success and profit level also depends on your local situation.
We can say that the processes we teach have been successful in Amy McGlade’s own business and in the DNA & Breastmilk Keepsake Jewellery businesses of clients she has mentored.
Course Coverage
Our course is a comprehensive DNA & Breastmilk Keepsake Jewellery course which will cover the topics required to ensure that you are an effective and excellent DNA & Breastmilk Keepsake Jeweller ready to sustain a profitable business. Course content may change and be updated from time to time - these minor changes would never affect the integrity of the course.
Intellectual Property & Goodwill
Our intellectual property is everything that we teach, all methods, plans, charts, materials (electronic or otherwise), videos, workbooks, slides, graphics, blogs, trade marks (whether registered in your country or not) and anything else we produce or provide to you in relation to the services that we offer.
We are generous with sharing our intellectual property. Please understand that this information is our intellectual property and shared with you only for your own personal use in creating and operating your own DNA & Breastmilk Keepsake Jewellery business.
Our intellectual property may not be shared with anyone else, or used for any other purpose (whether this is for commercial purposes or otherwise), such as teaching these methods to others without paying us a royalty or licence fee (which we are open to negotiating on a case-by-case basis, but will only be valid once agreed in writing and signed by both you and me). This is a material term of this agreement and you agree that if you break this term, we will be entitled to an amount of liquidated damages of AUD 500 000 for each breach, for breach of trust and loss of confidentiality, plus any further damages as may be assessed.
Anyone breaking this rule or making plans with anyone else to break this rule will be immediately removed from our social media group/s and online course access without notice and without any refund.
Our intellectual property is licensed to you under the terms of this agreement. No intellectual property will be transferred to you as a result of attending our course.
You agree you may not (i) copy, modify, or create derivative works based on our intellectual property (ii) distribute, transfer, sublicense, lease, lend, or rent our intellectual property to any third party; (iii) modify, decompile, or disassemble our intellectual property.
All rights in and to our content, including, without limitation, all copyright and other intellectual property rights, are retained by us.
The intellectual property provisions provide ongoing obligations which will survive the termination of this agreement.
You acknowledge that if you create or attempt to create a course which is in competition with this course or with our business anywhere in the world, we will cancel your membership of our site and groups, remove your access to our site and groups, and you will receive no refund in such an event. If you have not yet attained certification, no certification will be provided in such circumstances. In addition, you agree that at a minimum, you will be liable to us for an amount of AUD 500 000 liquidated damages for breach of trust, being our estimated investment in the creation of this course, in financial outlay as well as unpaid time expended by the course creators. In addition, we reserve the right to an injunction to stop you from offering such a course and also reserve the right to recover from you damages and/or an account of profits.
You agree that clause 36 is fair and reasonable, given:
This course is a world-wide first,
It has a unique approach and unique content,
A significant amount of original thought and effort, time and money has been invested in creating this course. Costs (including unpaid time of the creator are estimated at around AUD 500 000 or more), such costs having been incurred on a speculative basis with no guarantee of return on investment.
Confidentiality and Respect
We recognise that anything that you share with us is regarded as confidential, whether it is business or personal information. We undertake not to, at any time, either directly or indirectly use or disclose any information that you share with us, unless we are required to do so by law, or when seeking legal advice, or if you give us permission to share such information. We may share what we talk about in a way that does not reveal your identity.
While we do ask attendees of our groups to be mindful of confidentiality of any business information revealed during workshops or group sessions, we do ask that you do not reveal anything you are not comfortable having repeated, because sometimes people do forget about the confidentiality requirements, and we cannot guarantee that people in our groups will keep any shared information confidential.
Social Media
FACEBOOK / MEETUP / LINKED IN GROUPS / OTHER SOCIAL MEDIA GROUPS - All members need to follow our group rules which we may change from time to time. These will be shown on the relevant social media group page. These would say things like you need to treat other members with respect, even after you or they leave the group.
Also, please note that social media platform rules change from time to time. Sometimes these changes may mean that a technique we have taught you that is affected by the rule change is no longer (as) effective. Naturally, we have no control over such changes, and will not be responsible for any losses arising from such changes.
Anyone trying to convince people not to attend our course will also be removed from our social media groups without notice. We reserve my full legal rights in respect of such comments, should they occur.
Breach of these material terms (and our intellectual property terms) means that you forfeit your membership to our group/s and online content, no matter what membership plan you have entered the group under and even if you have paid for such membership (and no refund will be given if such payment has been made).
Please remember that social media can be a wild place and people may create false or misleading profiles. Sensible caution should be taken when doing business (or having personal contact) with anyone you meet via social media.
While we make every effort to ensure that we know members of our social media groups personally or at least by online reputation, we give no guarantee of any sort about anyone you meet via social media including via our group/s.
Cancellations & Replacements
Given the extent of information available through our online portal (which is accessible as soon as you make your first payment), we do not accept cancellations or offer refunds. Naturally, you may elect not to complete all the course requirements. No refunds are given under any circumstances.
Payment
Costs are available on the website and will carry depending on current and future offerings.
Enrolment into The Baby Bee Hummingbirds DNA & Breastmilk Keepsake Academy will cost $1699 AUD.
Installation Payments
If we have agreed that you may pay by instalment, you must pay each instalment to us in full by the instalment payment date.
If you miss an instalment payment, then you agree that all amounts under this agreement become due and owing and must be paid to us immediately, without off-set, counterclaim or delay. If any payment dates are not met, we reserve the right to cancel this agreement and no refund or credit will be given and you will still be responsible for the full payment amount. This may result in loss of access to group/s and/or online material.
If you miss an instalment payment and the amount owing is not paid to us immediately, you understand a third party collection service will be engaged to retrieve balance owing until it is the amount is paid in full.
Force Majeure
If any services under this agreement need to be postponed due to an “act of God” or an act of nature or other circumstances beyond our control, such as strikes or cancellation of flights or internet outages, we will notify you as soon as we can of the postponement and the alternative dates.
Insurance
Should we hold any in-person workshops, they will be held in locations that we trust, but please make sure that you have your own insurance to cover you in the unlikely event of damage or loss of property or personal injury when attending our events, as we will not be responsible for any such damage or costs.
Your Indemnity
To the fullest extent allowable by law, you agree to indemnify, defend and hold us, our people, our affiliates, our content providers and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) as a result of any services you provide after being trained by us or in connection with our training, this agreement, the performance or alleged or actual breach of it.
General Provisions
To the extent permitted by law, we and our people shall not be liable for any damages, costs or losses whatsoever arising as a result of attending our training or using our training or materials.
Should any liability attach, despite the clauses above, to the extent permitted by law, our liability and the liability of our people under this agreement shall not exceed the total aggregate amount you have paid to us for our services.
Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right for any later instance of performance or enforcement.
This Agreement is not assignable by you without our prior written consent. We may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
Where we reasonably believe that content provided under our training is being used outside of the scope of the license granted under this Agreement, you agree to, at our request, provide a certificate of compliance signed by you, in a form to be approved by us. In particular, our intellectual property is licensed for your use within your own DNA & Breastmilk Keepsake Jewellery business and not licensed for you to teach it to others (i.e creating a competing program).
If any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision of an enforceable provision or provisions, that as closely as possible reflects the terms of the unenforceable whole or part provision but makes them enforceable.
Unless prohibited by operation of law, this Agreement will be governed by the laws of the State of Queensland and the federal laws of Australia.
Neither party will be liable for performance delays nor non-performance due to causes beyond its reasonable control, except for payment obligations.
We do not make any guarantees as to the accuracy or quality of any third party information or services provided to you on our platforms or during our course, or linked to our platforms / courses / sites / pages. You agree that we will not be liable or responsible for any loss, damage, refunds, costs or any other matters of any sort as a result of dealing with such third party information or services.
Acknowledgement
You acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. In consideration of us agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement.
By signing up for our services, attending one of our workshops or webinars or coaching sessions, accessing our online content, or making any payment to us, you agree that you have read, understood and agree to be bound by these terms and conditions.
By ticking a tick box agreeing to these terms and conditions or otherwise agreeing to these terms and conditions or by the act of using our content or registration as a user of our website, you agree that you have read, understood and agree to be bound by these terms and conditions.
You warrant that you have full legal capacity to enter into this agreement.
Should any clause or sub-clause be deemed unenforceable, the remainder of this agreement will be enforceable so as to give effect to the remainder of this agreement, with an interpretation as near as possible to the unenforceable provision, as is enforceable.
Should any liquidated damages amount in this agreement be considered inappropriate or unenforceable by a court, a different amount may be substituted by a court, being an amount as close as possible to the amount stated in this agreement, as allowed by the court.
This agreement is governed by the laws of Australia and you agree that any disputes will be subject to the exclusive jurisdiction of the competent court nominated by us at the time a dispute arises.
This is an important legal agreement and we recommend you seek legal advice before entering into it and agreeing to your obligations in it.
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    Breastmilk DIY Keepsake Kit$99

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    • 1xBreastmilk DIY Keepsake Kit$99
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    All prices in AUD

    "I had no idea how much this business would take off — THANK YOU SO MUCH!"

    Ash
    The Spilt Milk Co.

    "Our pieces have been turning out BEAUTIFULLY since we began using your product and system from our training. Seriously, THANK YOU."

    Maria
    Milk and Honey Breastmilk Jewelry

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