Tamara Belšak s.p., TERMS OF AGREEMENT
Last updated May 2018
TERM OF AGREEMENT FOR THE USE OF THE http://www.tamarabelsak.com WEBSITE AND ORDERING OF INTUITIVE COACHING SERVICES OR OTHER SERVICES OFFERED BY TAMARA BELŠAK s.p.
(1) THE TERMS OF AGREEMENT establish the rights and obligations of visitors and users of the http://www.tamarabelsak.com website and the rights and obligations of customers ordering intuitive tutoring services or other services offered by the http://www.tamarabelsak.com website or JUNO KOMUNICIRANJE, TAMARA BELŠAK s.p. (hereinafter: Tamara Belšak s.p.).
(2) Any person visiting the http://www.tamarabelsak.com website or using it by applying to any of the available programs, ordering a service or giving their personal information, explicitly agrees with these General Terms and Conditions. Furthermore, this person explicitly acknowledges these Terms of agreement by concluding any kind of contract with the Tamara Belšak s.p. company or by agreeing with these Terms of agreement in any other manner.
(3) The legislation in force or regulations shall be used in case of any subjects that are not defined in these Terms of agreement in greater detail.
(4) In the event that any provisions in these Terms of the agreement are incompatible with the legislation in force or regulations, this does not affect the validity of the Terms of agreement. In place of these provisions, legislative or regulatory provisions in force shall apply. Other provisions regarding the Terms of agreement shall still apply in such cases.
(5) The Terms of the agreement are always available on the http://www.tamarabelsak.com website so that the visitor, user or customer has access to them at all times.
USE OF TERMS
(1) A visitor is any person that visits the http://www.tamarabelsak.com website but does not order any services or apply to any of the available programs.
(2) A user is any person that uses the http://www.tamarabelsak.com website by applying to any of the available programs, ordering a service or giving his personal information by filling out an online application form.
(3) A customer is any person that orders any of the services offered by the http://www.tamarabelsak.com website or Tamara Belšak s.p.
(4) The personal data administrator or website administrator and provider is Tamara Belšak s.p., Krčevina pri Vurbergu 124C, 2250 Ptuj.
OFFER OR SUPPLY OF SERVICES
(1) Tamara Belšak s.p. or persons authorized by her offer services of education, seminars, counseling, coaching, and other similar services in accordance with prearranged programs or individually.
(2) Tamara Belšak s.p. does not offer healthcare services, medical therapy or psychotherapy, and the use of these services and programs does not substitute standard medicine.
(3) By accepting these Terms of agreement, the user of the website or the customer ordering services declares that he is familiar with the nature of the services offered by the http://www.tamarabelsak.com website or Tamara Belšak s.p.
(4) In the event that an individual wishes to take part in a planned program and orders a service, he acknowledges that he can only use the services that are part of that program. The provider has the right to alter the program before carrying it out and shall inform the customer before the beginning of the program.
(5) By ordering services or a program, the user or customer undertakes to provide adequate professionalism and respect to the provider or the person authorized by the provider or, in case of group programs, other users or customers. At the same time, he will follow the rules or instructions given during the program. In the event that the user or customer does not do so, he shall be held responsible for any loss to the provider or possible other users or customers. In the event that a user’s or customer’s inappropriate behavior or violation of rules puts the health or lives of other people or animals at risk, the provider has the right to exclude that user or customer from the program.
(1) Any natural person that wishes to order a service available on the http://www.tamarabelsak.com website or offered by Tamara Belšak s.p. can do so in several ways: by filling out an application form on the http://www.tamarabelsak.com website or sending an order via e-mail, telephone or by post.
(2) An order is valid if it contains at least the following (personal) data:
the service being ordered,
the name and surname of the customer, and
contact information – telephone number or e-mail address.
(3) The customer that places an order for services by sending a form via a website or in a manner described in the previous point explicitly agrees to these Terms of agreement.
(4) If a service has already been ordered and paid, the customer can withdraw only if the service provider has not yet begun the service, but no later than 3 days before the beginning of the service. If the service that has been paid beforehand is already being carried out, the customer cannot withdraw the order and demand the return of his payment for the service.
(5) In the event that the service was ordered and paid but the provider has reasons that prevent him from carrying out the service or program, by accepting the General Terms and Conditions the customer agrees that the funds that have already been paid shall be returned to the same bank account that the customer used to pay for the service, but no later than 5 (five) working days after the customer was informed that the service cannot be carried out. In the event that the funds were not transferred from a bank account, the customer must immediately provide a number of a bank account to which the funds can be returned. In such cases, the provider must return the funds no later than 5 (five) days after receiving the customer’s bank account number.
(6) Due to the nature of the services that Tamara Belšak s.p. provides, the customer ordering the services explicitly agrees that he will not demand compensation because the service or program was not carried out.
PRICE LIST AND METHOD OF PAYMENT
(1) The service price list, which is published on the http://www.tamarabelsak.com website, or the price for the service offered by Tamara Belšak s.p. is listed in euro and already includes VAT.
(2) The provider reserves the right to change the price list at any time. In the event that the price of a service is changed after the customer ordered that service, the price that was published at the time of the order shall be valid.
(3) The customer can pay for the ordered products in advance with a transfer on the bank account nr. SI56 0422 2024 8325 747 at NovaKBM d.d. or via PayPal payment system.
(4) In order to protect himself from payment or credit card misuse, the administrator reserves the right to inform the competent authorities of possible misuse or suspicious and unusual use of credit or payment cards that will be used for the payment for the order. If the customer does not put in the necessary information when paying with a credit or payment card, this could impede the order, for which the website administrator shall not be held responsible.
LIMITATION OF LIABILITY
(1) The website administrator http://www.tamarabelsak.com shall constantly endeavour to enable visitors unlimited access to the website, but he will not be held responsible for the loss that would arising from the inability of using this website due to circumstances he cannot affect.
(2) The website administrator shall also not be held responsible for any loss due to network faults, e.g. the internet network provider cancels his services, hacking or computer viruses.
(3) The personal data administrator will not be held responsible for any errors that were the result of false data given by the customer when he was ordering a service.
(4) The provider will not be held responsible for the loss that the user or customer would suffer during ordering, carrying out or taking part in programs offered or promoted by Tamara Belšak s.p. By accepting these Terms of agreement in any of the manners mentioned above, each user or customer explicitly accepts the responsibility for any consequences arising from taking part in a program or the services rendered.
(5) In the event that Tamara Belšak s.p. or the person authorized by her promotes a program or service of a different provider, the Terms of agreement published by that provider are applicable to the customer or user. In case of loss or responsibility, provisions from the Terms of agreement or rules of the program from the other provider are applicable, and Tamara Belšak s.p. shall not be held responsible for any loss that the customer or provider suffers in relation to that program or service rendered.
(6) The provider shall also not be held responsible for any loss that the user of customer would suffer for not following the instructions given during the program or service or because he used the resources, knowledge or material he received in a manner that was prohibited or unintended.
(7) As provider or promoter, Tamara Belšak s.p. or a person authorized by her is not responsible for the success of the provider or customer ordering a service or program; he does also not guarantee that the user or customer will be satisfied with the content of the service or program. By accepting these Terms of agreement, the user or customer agrees that he is wholly responsible for his success in the program or with the services he ordered.
PROTECTION OF PERSONAL DATA
(1) The personal data administrator and website administrator of the http://www.tamarabelsak.com website is the company Tamara Belšak s.p., Krčevina pri Vurbergu 124C, 2250 Ptuj.
(2) The http://www.tamarabelsak.com website administrator, who will also take over the role of the personal data administrator, shall undertake to protect, save and process personal data of the visitors of the website and any users or customers in accordance with the regulations in the field of personal data protection. At the same time, he shall undertake to use all appropriate organizational, technical and other procedures and measures to prevent unauthorized destruction, alteration, loss or unauthorized processing of data.
(3) By giving his personal data or sending an order and thus accepting the General Terms and Conditions, the visitor of the website, who then becomes a user or customer, explicitly acknowledges and gives his consent in accordance with the terms of the Personal Data Protection Act (ZVOP-1) that the administrator may process the personal data that the user or customer has given for various analyses and offering merchandise and services (direct marketing). In the event that the user or customer marked during his registration that he does not wish to receive certain notifications, the personal data administrator shall undertake not to send such notifications.
(4) In accordance with Article 30 of the Personal Data Protection Act, the user or customer may demand to see the catalogue of his personal data that the personal data administrator is processing at any time. The administrator must confirm to the customer whether his data is being processed or not and he must allow the customer to see and copy his personal data that is stored in a collection of personal data and refers to the customer. He must also send the registered user a list of personal data from the collection of personal data that relates to the user if the user wishes so. Furthermore, he must send the registered user a list of users to which he sent the registered user’s personal data, including information on when the administrator did so, how and for what purpose; he must give the user information on the sources on which the collection of personal data is based, the method of processing, information on the purpose of processing and the type of personal data being processed and any necessary clarifications related to it, and explain the technical processes if personal data of individuals is being processed by automatic decision-making.
(5) The user or customer may at any time prohibit the use, processing and storing his data collected directly when giving personal data, ordering or later when the user or customer wishes to change the data. The registered user may demand that via post or e-mail. According to the demand of the user or customer, the personal data administrator endeavours to immediately, but no later than 15 (fifteen) days after receiving the request, prevent the use of personal data of the registered user. He will inform the user or customer requesting this change within 5 (five) days in the same manner in which he received the request.
(6) The user or customer that does not wish to receive notifications or offers from the http://www.tamarabelsak.com website may unsubscribe from receiving such notifications. He can unsubscribe by clicking a link in an e-mail that the personal data administrator sends to him. The unsubscription is normally carried out at once, in cases of technical difficulties no later than 15 days after the manager has received the user’s request.
(2) The visitor of the website can alter the preferences on his computer by disabling the cookies or using them conditionally; the visitor can also erase them but will no longer be able to use all the functions on the website. If the visitor’s web browser or the visitor himself declines a cookie, his access to the http://www.tamarabelsak.com website may be limited or prevented entirely.
(3) When a visitor that wishes to become a user or customer orders a program available on that website orders a service or sends his personal data, he also explicitly and personally allows cookies to be installed and other data to be used and processed as well. That includes the ability to process and connect data from cookies with the user’s personal data that he gave to allow direct marketing.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
(1) All texts, pictures, illustrations, photographs, music, recordings and alike that are published at the http://www.tamarabelsak.com website or as part of a program, are copyright works and are protected in accordance with legislative provisions in the field of copyright and intellectual property law. The visitor of the website has the right to use the content of the website exclusively for his personal, non-commercial use. Any other use of the website content (such as copying, reproduction, distribution, etc.) for commercial purposes is strictly prohibited in accordance with the legislation in the field of copyright and intellectual property law.
(2) Any unjustified and prohibited use of a hyperlink from the http://www.tamarabelsak.com website, except if the Tamara Belšak s.p. company explicitly allows such use.
(3) Any service or program that is published on the http://www.tamarabelsak.com website or offered by Tamara Belšak s.p. is a copyright work of the provider or other legal or natural person for which the provider promotes a service or program. Any unjustified use of the content of a program, service (e. g. copying, reproduction, distribution, etc), or received objects, documents and brochures as part of the program, for commercial purposes is prohibited.
CUSTOMER SUPPORT and DISPUTE SETTLEMENT
(1) The visitor, user of customer can send any questions, complaints or other observations to firstname.lastname@example.org via e-mail or directly to TAMARA BELŠAK s.p., Krčevina pri Vurbergu 124C, 2250 Ptuj.
(2) The administrator or provider shall make an effort to resolve complaints and any disputes in an amicable manner, however, if that is not possible, the disputes arising from the relation between the visitor, user or customer on the one side, and the administrator or provider on the other side shall be dealt with by a competent court.
TAMARA BELŠAK s.p., Krčevina pri Vurbergu 124C, 2250 Ptuj
Phone number: +386 41 343 958