Terms of Service
BARBARA STCLAIRE-OSTWALD COACHING
TRAUMA SUPPORT PROGRAM
1. ACCEPTANCE OF TERMS OF SERVICE. The provisions set out in this section shall apply when you use or browse any website owned or operated by Barbara StClaire-Ostwald Coaching (The Company) (either directly or indirectly) including barbarastc.com and www.barbarastc.com/program (collectively, the “Site”). By using or browsing the Site or accessing any information while using or browsing the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Service, our Privacy Policy (found at https://barbarastc.com/privacy-policy/) which is incorporated into these Terms of Service by reference, and all applicable laws and regulations.
YOU FURTHER AGREE THAT BY USING THIS SITE, YOU ARE AT LEAST 18 YEARS OLD, OR, IF LESS THAN 18 YEARS OLD, THAT YOU HAVE THE CONSENT OF A PARENT OR GUARDIAN TO USE THIS SITE, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
It is your responsibility to review these Terms and conditions periodically, and if at any time you find these Terms and conditions unacceptable, you must immediately leave the Site and cease all use of the Site or any User Content.
The Company may change these Terms and conditions at any time and without notice to you, so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them. These Terms and Conditions shall prevail in the event of any discrepancy between them and the provisions of the General Terms and Conditions of the Company.
2. MEDICAL DISCLAIMER. The Company does not provide medical services, clinical therapeutic services or health advice. The content presented on this website or otherwise is not a substitute for professional medical advice, diagnosis or treatment. The content presented is intended to provide general health information for educational purposes only. It should not be used as a substitute for medical or psychiatric advice. The Company does not claim to diagnose or treat any medical or psychiatric condition and does not replace care from your physician. No person or persons acting on our behalf is a clinical therapist or any other licensed healthcare provider. Additionally, your use of the Site does not create or constitute a fiduciary relationship between You and the Company.
You understand that you may experience uncomfortable feeling or memories through our services and that if these uncomfortable experiences persist, you are encouraged to seek counselling with a licensed health professional. If you are concerned about your mental health, or you are physically addicted to any drug, including alcohol, please contact your healthcare provider.
If you are thinking about self-harming in any way, please dial a local emergency number or go to your nearest local emergency room.
European Emergency number: 116 123
North America: email: info@nami.org or call 1-800-950-NAMI (6262)
– TXT HOME to 741-741 (USA) and HOME to 686868 (CANADA)
Australia: Freephone 1300 029 131
United Kingdom: 116 123 or email: jo@samaritans.org or TXT HOME to 85258
You understand that the decisions that you make regarding your healthcare are your responsibility and that we are not responsible for any consequences of your decisions, medical or otherwise.
3. INFORMATION AND 3RD PARTY CONTENT. The Site and its Contents are maintained with the utmost care. Nevertheless, the Company cannot guarantee that the information on the Site and Content is always complete, correct or up-to-date. The information is only intended solely as a source of information and is not intended as advice. The Company cannot guarantee that the online-content does not infringe the intellectual property rights of third-parties or is otherwise unlawful towards third-parties.
Any content on the Site originating from third-parties only reflects the personal opinion of those third-parties. The Company is not responsible for this content and accepts no liability for it. Links on this Site may lead to services or sites not controlled or operated by the Company. The Company provides these links for your convenience and information. Links are not an endorsement of the third-party’s site or content. The Company assumes no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
4. SITE ACCESS AND ACCOUNT SECURITY. The Company reserves the right to amend or withdraw this Site, and any service or material it provides on the Site at the Company’s sole discretion and without prior notice. The Company will not be liable if for any reason ALL or ANY PART of the Site is unavailable at any time for any period.
You are responsible for making all necessary arrangements for you to have access to the Site (should you take part in a coaching program). To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition or your use that you agree to provide your correct, current and complete information.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms of Service.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
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In any way that violates any applicable international law, federal, state, local, or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries or the US);
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation:
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Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
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Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
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Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
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Using the Site or Service to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
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Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or
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Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
5. INTELLECTUAL PROPERTY RIGHTS. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws in other countries and the US.
These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
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You may store files that are automatically cached by your Web browser for display enhancement purposes;
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If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
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If we provide links to Sites or applications owned or operated by a third-party (for example, to our social media accounts), you may take such actions as are enabled by such features.
You may not:
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Modify copies of any materials from this site;
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Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
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Except with our prior written consent, access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Trademarks:
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without prior written permission.
6. ALLEGED COPYRIGHT INFRINGEMENT. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
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A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
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Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
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Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to our designated agent either by email or first-class mail at:
Barbara StClaire-Ostwald Coaching
Attn: Copyright Agent
ul. Adama Mickiewicza 41
81-866 Sopot
POLAND
7. BILLING AND PAYMENT. Barbara StClaire-Ostwald Coaching uses third-party payment service(s), including STRIPE, WISE and PayPal (each, a “Payment Service”) to facilitate orders and payments made by users. These payment services are made available on the Site via an integrated application owned and operated by the third-party Payment Services, not Barbara StClaire-Ostwald Coaching.
To learn more about STRIPE please visit: https://stripe.com/en-gb-pl for terms of service.
To learn more about WISE, please visit: https://wise.com/ for terms of service.
To learn more about PayPal, please visit: https://www.paypal.com/us/home for terms of service.
Prices
All prices posted on the Site are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
Order Acceptance and Cancellation
By placing an order to purchase a Service on our Site, you agree that your order is an offer to buy, under these Terms, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before 7 days after ordering any product, which can be done by emailing our support team at support@barbarastc.com .
Authorized Payments are Final
User’s use of the Site, Service, or Payment Service constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When You accept the Service: (a) the Company shall have no further liability to any party with respect to payment for such services, (b) You acknowledge that the Company has provided a complete service with respect to the payment made by You for the assumed payment liability or Invoice, as applicable; and (c) You hereby release the Company from any and all liability with respect to such payment.
Refunds
Except for any services designated on the Site as non-refundable, we will accept a refund of your purchase price, provided such request of dissatisfaction is made within 14 days of payment and provided you have made such request via email to support@barbarastc.com within the designated timeframe of 14 days. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Fraudulent Transactions; Erroneous or Duplicate Transactions; Chargebacks
Barbara StClaire-Ostwald Coaching (The Company) reserves the right to seek reimbursement from you, and you will reimburse the company, if the Company discovers a fraudulent transaction, erroneous or duplicate transaction, or if the Company receives a chargeback or reversal from any credit card, company bank, or PayPal for any reason. You agree to and acknowledge the Company’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by the Company in an effort to investigate fraud. You agree that the Company has the right to obtain such reimbursement by deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your account.
Payment Default
In the event of default in payment of any payment owing to the Company under these Terms of Use, the Company reserves the right to: (a) charge you interest at a rate of 2.5% of any balance due on any unpaid amount, if such amount goes unpaid for more than 30 days from its due date; (b) refuse you access to the Site or Service until all payments, including any applicable interest, are made; and (c) undertake legal action to collect said payment.
8. TERMINATION. We reserve the right to terminate your use of the Site in our sole discretion. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. We reserve the right not to disclose the existence or occurrence of such an investigation unless required by law, but we also reserve the right to terminate your account or your access to the Site immediately, with or without notice, if we believe that you have violated any of the Terms of Service, furnished us with false or misleading information, or interfered with use of the Site by others.
9. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES.
THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE SITE OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE.
10. GOVERNING LAW AND JURISDICTION. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Republic of Poland and the laws applicable therein. You agree that the courts of the Republic of Poland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation, including non-contractual disputes or claims of these Terms.
11. CONTACT INFORMATION. If you wish to contact The Company in writing, or if these Terms require you to give notice in writing, please contact us at:
Barbara StClaire-Ostwald Coaching
Attn: Barbara StClaire-Ostwald
ul. Adama Mickiewicza 41
81-866 Sopot
POLAND