1.1 Parties: These Terms are between Tertia Riegler, her successors and assignees (referred to as “we” and “us”) and you, the person or the organisation or entity described in this proposal (referred to as “you”). These Terms apply to all Services provided by us to you.
1.2 Acceptance. You have requested the Services set out in the Proposal. You accept these terms by:
- Signing and returning the Proposal;
- Confirming by email or verbally that you accept the Proposal;
- Accepting the Proposal online;
- Instructing us to proceed with the Services;
- Making part or full payment for the Services;
1.3 Please read these Terms carefully. You agree that these Terms form the agreement under which we will supply Services to you.
1.4 Please contact us if you have any questions. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms.
Our Contact details:
1.4 First payment instalment: We require that you make the first payment instalment before the Commencement Date. You cannot participate in the Services until you have paid the first payment instalment of our Fee.
1.5 Refunds: To the extent permitted by law, we do not offer any other refunds. You will be required to pay the Fees as set out in the Proposal regardless of your participation in the Services. To further clarify, no refunds will be issued.
2.1 We agree to provide services in Feminine Embodiment Coaching and energy counselling, with due care and skill.
2.2 You agree to abide by all policies and procedures as outlined in this agreement as a condition of your participation in the Proposal.
2.3 The energetic support deals exclusively with the activation and harmonization of the body’s own energy fields (life energy). You agree that you have been informed of this and agree to receive such energetic counselling, which is without exception based on feminine embodiment practices or similar professionally licensed and permitted methods.
2.4 We agree that all information provided by you will be kept strictly confidential, as permissible by law.
3.1 Since these measures serve to restore and harmonize the body’s own energy flow, they do not represent a medical treatment. The mode of action and the success of the energetic treatment has not been scientifically proven or, in the case of certain methods, have been refuted.
3.2 You understand we are not an employee of or agent, lawyer, doctor, registered dietician, psychotherapist, social worker, nutritionist, psychologist, agent, publicist, accountant, financial planner, lawyer, therapist, or other licensed or registered professional. We will not act as a therapist providing psychoanalysis, psychological counselling, or behavioural therapy.
3.3 You understand this Proposal will not prescribe or assess micro-and macronutrient levels; provide health care, medical, or nutrition therapy services; or diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body.
3.4 You understand if you should experience any such issues you should see your registered physician or other practitioners as determined by your own judgment.
3.5 If you are under the care of a healthcare professional or currently use prescription medications, you should discuss any lifestyle (including dietary) changes or potential dietary supplements use with your doctor, and should not discontinue any prescription medications without first consulting your doctor.
3.6 You understand that the information in this Proposal is not medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
4. PRICE, INVOICING AND PAYMENT
4.1 You agree to pay us the amounts set out in the Proposal, including any Deposit required. Payment may be made by way of payment methods as set out in the Proposal when purchasing our Services.
4.2 You agree to pay the Fees by the payment date set out in the Proposal. If you do not pay by the payment date, we may cease to provide the Services to you until we receive payment:
- If payment is more than 7 days overdue, we will suspend access to the Services and
- If payment is more than 14 days overdue, we reserve the right to terminate these Terms.
5. YOUR OBLIGATIONS AND WARRANTIES
5.1 Live Appointments:
- You agree to be on time for all live appointments. If you will be late, notify us in advance.
- If you will miss an appointment, notify us at least 24 hours in advance.
- If you need to reschedule a call with us, you must give at least 24 hours advance notice to us.
- Appointments missed without 24 hours notice will only be rescheduled at our sole discretion.
- If you fail to schedule appointments, those unscheduled appointments are forfeited.
- You understand that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Proposal and will not be carried over.
5.2 When participating in the Services, you must ensure that the area is at all times suitable and safe for the activities which you are undertaking,
5.3 You agree that the power of being successful with any of the Services can only be granted by you, and commit to making that so.
6. NON-DISCLOSURE OF PROPRIETARY MATERIALS.
6.1 Materials and processes given to you in the course of the Services are proprietary, copyrighted, and developed specifically by us. This pertains to:
- our pre-existing proprietary material, including but not limited to copyright which subsists in all creative and literary works incorporated into our pre-existing proprietary material; and
- proprietary material that we create during the course of the Services, including but not limited to copyright which subsists in all creative and literary works in all proprietary material that we create during the course of the Services;
6.2 You agree that such proprietary material is solely for your own personal use.
6.3 Any disclosure to a third party is strictly prohibited.
- You are not allowed to alter or modify our proprietary material.
- You are not allowed to create derivative works from our proprietary material.
6.4 This clause will survive the termination of these Terms.
7.1 We are committed to providing you with a positive experience.
7.2 By accepting these Terms, you agree that we may, at our sole discretion, terminate these Terms and limit, suspend or terminate your participation in the Services without refund or forgiveness of monthly payments if you become disruptive or upon material violation of these Terms.
7.3 If you decide to terminate these Terms, no refunds will be issued, unless we have materially violated these Terms.
8.1 These Terms are considered a mutual non-disclosure agreement.
8.2 Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Proposal (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with these Terms, and shall not include information rightfully obtained from a third party.
8.3 Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
8.4 The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
8.5 Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of these Terms.
9. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION
9.1 Notwithstanding anything in the foregoing, in the event you are required by law to disclose any of the Confidential Information, you will:
- provide us with prompt notice of such requirement prior to the disclosure, if not forbidden by the applicable law, and
- give us all available information and assistance to enable us to take the measures appropriate to protect the Confidential Information from disclosure.
10. CONSENT TO DATA PROCESSING FOR CLIENT FILES
10.1 You agree that your personal data such as name, contact details and coaching specifics used with the framework of energetic counselling and feminine embodiment coaching will be recorded in writing.
10.2 This data will be used by us to create your file and to control the course of the energetic counselling and feminine embodiment coaching, and will not be passed on to third parties.
10.3 You can revoke your consent at any time by email to firstname.lastname@example.org. The data shall be handled by us in strict compliance with GDPR.
11. CONSENT TO DATA PROCESSING FOR MARKETING PURPOSES
11.1 You agree that your personal data such as name, email address, and telephone number collected with the framework of energetic counselling and feminine embodiment coaching by us will be used for newsletters, company updates, and special promotions and offers.
11.2 You can revoke your consent at any time by email to email@example.com.
12. LEGAL NOTICE PERTAINING TO DATA PROCESSING
12.1 You have the right to information, correction, deletion, and restriction of your data. This includes in addition, the right to data portability and the right of objection to data processing.
13. RIGHT OF APPEAL
13.1 Should you believe that the processing of your data violates the data protection act or that your data protection rights have been violated in any other way, you can submit the complaint to Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Austria.
14. GOVERNING LAW
14.1 These Terms shall be governed by and construed in accordance with the laws of Austria, regardless of the conflict of laws and principles thereof.
15. ENTIRE TERMS; AMENDMENTS; HEADINGS
15.1 This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof.
15.2 Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
15.3 No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties.
15.4 The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
16.1 These Terms may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
17.1 Should any provision of these Terms be or become invalid, illegal, or unenforceable under applicable law, the other provisions of these Terms shall not be affected and shall remain in full force and effect.
18.1 The waiver or failure by us to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
19.1 These Terms may not be assigned by either party without the express written consent of the other Party.
20. CLIENT RESPONSIBILITY; NO GUARANTEES
20.1 You accept and agree that you are 100% responsible for the progress and results of the Services.
20.2 We will help and guide you; however, participation is the one vital element to the Proposal’s success that relies solely on you.
20.3 We make no representations, warranties, or guarantees verbally or in writing regarding your performance.
20.4 You understand that because of the nature of the Services and extent, the results experienced by each client may significantly vary. By agreeing to these Terms, you acknowledge that there is an inherent risk of loss of capital and there is no guarantee that you will reach your goals as a result of participation in the Services and our comments about the outcome are expressions of opinion only.
20.5 We make no guarantee other than that the Services offered in this Proposal shall be provided to you in accordance with these Terms.