Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.barbaraosiecka.com website (“Website”) operated by Barbara Osiecka LLC (“us,” “we,” or “our”), which offer a variety of journals (“Products”) and coaching services: sessions, workshops, event (collectively “Services”).
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website, Products or Services. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you should leave the website immediately and you are not permitted to access the Website, Products or Services.  In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services.

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. We reserve the right to update or modify these Terms or the Privacy Policy at any time and you should frequently check and review these Terms and the Privacy Policy for any updates or changes. Modifications will be effective on the day they are posted on the Website. By using the Website after we make any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. Nothing in these Terms shall be deemed to confer any third party rights or benefits.

PURCHASES

If you wish to purchase any Products or Services made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. The cardholder must retain a copy of transaction records.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

VALIDITY PERIOD FOR SERVICES

Each coaching package is to be used within the duration specified for that package.  Any unused sessions will not be refunded or credited back beyond the validity period of the package. 

CANCELLATIONS AND NO-SHOWS FOR SERVICES

Appointment must be cancelled 24 hours in advance in order to avoid charges. Appointments not cancelled prior to that time, including no-shows, will be charged in full.

REFUNDS

Services purchased are non-refundable. If you choose not to continue your sessions, you are not eligible for a refund. 

Products purchased can be returned in the original packaging without sign of the usage within 14 days from the date of purchase at your cost. Any opened and used Products are not eligible for a refund. The processing fee, shipping and handling fees are non-refundable and will not be returned.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and notify you of the status (approval or rejection) of your refund. If your refund is approved, then we will be in touch for the refund payment method.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

ELIGIBILITY

The Website is intended solely for anyone who is 18 years of age or older. By using the Website you represent and warrant that you are 18 years or older.

LIMITATION OF LIABILITY

To the fullest extent permitted by law in the applicable jurisdiction, under no circumstances (including negligence) shall Barbara Osiecka LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you or anyone else for any direct, indirect, incidental, special, punitive or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (i) the use of, or any inability to use, the Website(ii) errors, mistakes, or content inaccuracies, (iii) unauthorized access to our secured servers and personal information stored therein, (iv) interruption or cessation of transmission to or from the Website, (v) bugs or viruses which may be transmitted to or through the Website by any third party, (vi) defamatory, offensive or illegal conduct of any third party, and/or (vii) third party content or third party products and services.

These limitations apply to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been informed of the possibility of such damages. The total liability of Barbara Osiecka LLC will be limited to the fullest extent permitted by applicable law.

You agree to defend, indemnify and hold us harmless, and our directors, employees, partners, agents, suppliers, or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

OWNERSHIP AND USE OF CONTENT ON THE WEBSITE

Content on the Website (collectively, “Content“) including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, digital downloads, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to Barbara Osiecka.

Content is protected by copyright and trademark laws and is for your information and personal use only. You may download copies of posted materials for personal, non-commercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material. You may not modify, copy, reproduce, publish, display, transmit, adapt, distribute, display, sell or in any way exploit any content for any purposes whatsoever without the prior written consent of Barbara Osiecka. Our Website may link to, interact with or be available on third party services or products such as social media providers and third party devices. If you access such third party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

We may take photographs or movie shots of the events, products and services provided by Barbara Osiecka. You may be included in some of these photographs, either individually or as a group. We reserve the right to use such photographs or movie shots for press or promotional purposes unless you instruct us otherwise.

DISCLAIMERS; NO WARRANTIES

To the fullest extent permitted by law in the applicable jurisdiction, Barbara Osiecka LLC, its directors, employees, partners, agents, suppliers, or affiliates, disclaim all warranties, express or implied, in connection with the Website and your use thereof.

Barbara Osiecka LLC makes no warranties or representations about the accuracy or completeness of the Website, content provided thereon, or the content of any sites linked to the Website and assumes no liability and responsibility for any use of the Website.

We do not warrant that the Products or Services will meet your requirements, and we cannot guarantee any specific results from the use of Products or Services. You expressly acknowledge and agree that the use of the Products and Services is at your sole risk. The Products and Services are provided on an “as is” and “as available” basis. The Products and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ENTIRE AGREEMENT, NO WAIVER

These Terms, together with our Privacy Policy, and any other legal notices published by Barbara Osiecka LLC on the Website, shall constitute the entire agreement between you and Barbara Osiecka LLC. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

CHANGES TO TERMS AND CONDITIONS

We reserve the right to update or change our Terms and Conditions at any time and you should check these Terms and Conditions periodically. Your continued use of the Website after we post any modifications to the Terms and Conditions on this page will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified Terms and Conditions. Modifications will be effective on the day they are posted on the Website.

GOVERNING LAW, JURISDICTION AND ARBITRATION

These Terms, any other legal notices published by Barbara Osiecka LLC on the Website and any disputes or claims arising out or in connection with these Terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and Barbara Osiecka LLC agree that the courts of the Sharjah Free Zone shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. You and Barbara Osiecka LLC agree that any cause of action arising out of or in connection with these Terms must commence within one year after the cause of action accrues, otherwise, such cause of action is prohibited. In the event of any litigation or binding arbitration arising from or related to these Terms the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation or binding arbitration.

CONTACTING US

If you have any questions regarding these Terms or the Website, please contact us at: hello@barbaraosiecka.com.