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TERMS OF USE
General
This website (the “Site”) is owned and operated by Elżbieta Żyrek “elazyrek.com”, “graceofsuccess.com” (“COMPANY,” “we” or “us”).
By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please leave the Site. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.
Anyone may access the Site, for which no personal data are collected, meaning that visitors may stay anonymous. However, if visitors/users wish to use certain services or products, whether paid or unpaid, they may have to leave personal data. We assure the users that any leaving of personally identifiable data will be dealt with in accordance with highest privacy standards and in particular in line with General Data Protection Regulation (hereinafter referred to as ‘GDPR’), and our Terms and Conditions and Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (I) that you are the owner of the material, consenting to submit the material, or are making your posting or submission with the express consent of the owner of the material; and (II) that you are thirteen years of age or older if you come from non-EU countries or 16 years or older if you come from an EU country. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
CONFIDENTIALITY
The Coach recognises that anything Client shares is regarded as confidential, whether it is business or personal information. Client’s identity and ongoing coaching relationship will be kept strictly confidential, unless the client has given the coach the authority to release the identity of the client. The Coach will only release confidential information with the Client’s written permission or if required by court order and will never disclose the Client’s name as a reference without the Client’s prior written consent.
GROUP SESSIONS
Some sessions may be conducted in a group format. By reading and accepting this agreement, the Client commits to maintaining the confidentiality of all information communicated to Client by other coaching clients and by the Coach. While both parties understand that progress is often enhanced when clients are allowed to discuss their coaching relationship with trusted colleagues and friends, the Client must in no way share information that leads to the identification of others in the group. If the Client is ever in doubt regarding what to reveal and what not to reveal, the Coach asks that he or she err on the side of protecting the privacy of others, thereby preserving a vital and nonnegotiable element of such group interaction.
LEGAL DISCLOSURE
The Client should be aware that there are certain, limited situations where confidentiality cannot and will not be maintained:
(1) the physical or sexual abuse of a child will be reported to the appropriate authorities;
(2) elder abuse will be reported to the appropriate authorities;
(3) if it appears that Client at imminent risk to him or herself or someone else or if Client makes threats of imminent violence against another person, Coach will take appropriate action. These situations rarely occur, and the Coach will make every effort to discuss the breach of confidentiality with you before taking action.
DISCLOSURE TO STAFF
The Coach may choose to employ administrative staff, with whom confidential information will be shared for administrative purposes, such as scheduling, billing and quality assurance. All staff members have agreed not to release any information outside of the coaching relationship without prior written consent.
INTERACTIVE FEATURES
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, county, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Elżbieta Żyrek may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Elżbieta Żyrek, Grace of Success Academy or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by Elżbieta Żyrek outside contributors, or by users not connected with Elżbieta Żyrek some of whom may employ anonymous user names. Elżbieta Żyrek expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Elżbieta Żyrek or any of its subsidiaries or affiliates.
Elżbieta Żyrek has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
REGISTRATION
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, postcode and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
PASSWORDS
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
LIMITATION OF LIABILITY
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND ELŻBIETA ŻYREK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been made by Elżbieta Żyrek OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any PROGRAMME.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Earnings Disclaimer:
Nothing on our Sites or is a promise or guarantee of earnings, revenue, income or profit. We do not guarantee your success, income level, or ability to earn revenue. Any forward-looking statements outlined on our sites or in our Promotions are not guarantees or promises of actual performance. By using this site and becoming our Affiliate Partner and/or Licensee you release us from any and all liability, including direct, consequential or indirect damages or claims. No guarantees are made that you will achieve any results from our ideas or models presented on this site or any of our other sites. We offer no professional, legal, psychological, medical, or financial advice.
Licensee Disclaimer:
Elżbieta Żyrek has no affiliation with any of the Licensees listed on this website or any other website or platform. If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with a Licensee, you are required to address your grievance with the Licensee directly. By visiting this site you agree, Elżbieta Żyrek is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the attendance of any Licensee event, use or misuse of Grace of Success Academy materials or any programs, events, products or services administered by any Licensee.
Elżbieta Żyrek Affiliate Disclaimer:
If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with an Affiliate of any of Elżbieta Żyrek products or services, you are required to address your grievance with that Affiliate directly. By visiting this site you agree, Elżbieta Żyrek is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from relationship with any affiliate.
ONLINE COMMERCE
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.
If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. In line with GDPR before placing your purchase order, we will ask you to consent on leaving the personal data needed for the transaction, like the above mentioned credit card number and contact information, and you will also be explained in clear and intelligible manner about the purpose of presenting such data. We shall always use only the data which are necessary for achieving that purpose, in line with the principle of data minimisation and purpose limitation. We shall also keep data only for the time that is necessary for fulfillment of its purpose, as declared in Privacy Policy. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. However, we always strive to make arrangements with those merchants who are reliable in business world and compliant with GDPR. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services, about which you will be duly informed.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.
You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
DELIVERY
The shipping of any physical goods is processed through a 3rd party fulfillment center, therefore we make no promise or guarantee (expressed or implied) as to the time of your product delivery.
Your items will be prepared for shipping within 3 business days. Typical delivery time can range from 5 – 7 business days depending on the ship-to address and other variables.
At this time all items are shipped from Poland.
TERMINATION
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
REFUND POLICY
Your purchase of a product or service or ticket to an event does not provide for any refund (unless stated differently). No refunds of past payments are given.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Elżbieta Żyrek pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
No waiver of any of the provisions of this Agreement by Elżbieta Żyrek shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Elżbieta Żyrek.
The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
