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Terms of Use Please note that you will receive a set of terms and conditions for coaching services separately to these terms of use. GENERAL This website is owned and operated by Maria Clara Whitaker. By using our website, which includes access through other digital platforms such as our app, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website. CONTRACT OF SALE When you order services and/or digital goods from us, the terms in force at the time of your order will apply as the contract of sale between you and us. This contract of sale begins to be formed between us when you go through the steps on our shopping pages to place an order with us. We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. You may receive a second e-mail when the services and/or digital goods you have ordered have been made available for download or uptake. You shall only become the full owner of the digital good once we have received full payment for it. Please note that we may not be able to complete an order where a service or digital good is out of stock or no longer available. If this happens, we will contact you and refund all amounts paid by you according to our refund terms herein. USERS We do not target or expect children (minors) to make use of our website, services, or digital goods. Please notify us if you are a minor and provide us with the appropriate adult authority should you wish to make use of our website, services, or digital goods. RELIANCE The content on our website is provided for general information only. It is not intended to amount to specialist legal or medical advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date. INDEMNIFICATION, LIABILITY, AND LIMITATION The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents. In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms. You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence. For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss. Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services and/or digital goods that is/are the subject of a claim or €50 whichever is less. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services or digital goods to you, which will be set out in our terms when we enter into a coaching relationship with you. INTELLECTUAL PROPERTY Generally material and photographs featured on this website are original and are the property of Maria Clara Whitaker or used under licence from other sources, unless otherwise stated. All the content, trademarks and data on this website, including but not limited to images, software, databases, text, graphics, icons, hyperlinks, private information, designs, templates and agreements are the property of Maria Clara Whitaker and as such are protected from infringement by local and international legislation and treaties, including local and international copyright law. You may not download, print and distribute content from this website without our prior permission. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to instruct you to delete any link to our website without providing a reason. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated. SALES OF SERVICES OR DIGITAL GOODS If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services or digital goods. Certain services or digital goods may be available exclusively online through our website. These services or digital goods may have limited quantities and are subject to return or exchange only according to our returns and refunds arrangements contained herein. We reserve the right, but are not obligated, to limit the sales of our services or digital goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services or digital goods that we offer. We reserve the right to discontinue any product or service at any time. In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature or fitness for purpose of the services or digital goods. We do not warrant that the quality of any services, digital goods, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. MODIFICATIONS TO THE SERVICES, DIGITAL GOODS, AND PRICES All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices for our services or digital goods are subject to change without notice. We reserve the right at any time to modify or discontinue our services or digital goods on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of such. REFUNDS We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis. We encourage you to contact us as soon as possible after delivery should you discover a fault or defect in the services or digital goods. EXTERNAL LINKS Although this website only looks to include quality, safe and relevant external links, you are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. You should therefore note you click on external links at your own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned. SOCIAL MEDIA PLATFORMS Communication, engagement and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively. You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to your own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourages you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email. This website does not use social sharing buttons which help share web content directly from web pages to the social media platform in question. You are advised before using third party social sharing buttons that you do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. Further information on third parties and our usage of social media platforms can be found in our Privacy Policy. USING SEARCH TECHNOLOGY The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website or infringe the intellectual property rights of Maria Clara Whitaker. DAMAGE It is expressly prohibited for you or any person, business, or entity to gain or attempt to gain unauthorised access to any information on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that we should suffer any damage or loss, civil damages will be claimed. TERMINATION We reserve the right to immediately terminate your use of this website in circumstances including (but not limited to) where you or (if applicable) your officers, directors and employees, servants and agents breach or procure a breach of these terms or otherwise engage in conduct which we determine in our sole discretion to be unacceptable or harmful to us or the website’s other users. DATA PROTECTION, PRIVACY, AND SECURITY Your rights to data protection and privacy, including security over data, are very important to us. We treat personal data obtained through the use of this website as private and are committed to providing you with secure access to our online service. This website processes information from you as per our Privacy Policy. When you, amongst other actions, visit our website, enquire about services, use our app, or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Policy. GOVERNING LAW AND DISPUTES This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction. VARIATION OF THESE TERMS & CONDITIONS We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time. SEVERABILITY In the event that any provision of these terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions. WAIVER The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. ENTIRE AGREEMENT These terms and any policies or operating rules posted by us on this website or in respect to our website constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party. NOTICE Any notice required to be given shall be in writing and shall be delivered personally, or sent by pre-paid post, recorded delivery, or by commercial courier to the other party. Any notice hereunder shall be deemed to have been duly received if delivered personally, when left at that address or, if sent by pre-paid post or recorded delivery, at 9.00am on the second working day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. CONTACT INFORMATION You may contact us by e-mail at the following address: hello@clarawhitaker.com. Contact information published on this website is published for the purpose of users or prospective users contacting us about services and digital goods offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.
A privacy policy is available on request.