Terms of Service.

Hello there! We are Marama Health and we would like to invite you to read these terms and conditions that rule the operation of our website. By accessing or using this website you approve that you have read, understood, and agree to be bound by these Terms.

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Overview

Throughout the site, the terms “we”, “us” and “our” refer to Marama Health. Marama Health offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, collaborators, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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Article 1 Identity of the service provider

Marama Health BV
Durmelaan 12
9160 Lokeren
Belgium

BE0795.285.281

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Availability
Monday to Friday from 9:00 until 17:00 CET/CEST
You can contact us here.

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Article 2 Applicability

1. Our Terms and Conditions apply to all offers by us as coach, therapist or teacher/trainer, to you as Consumer (any natural person who, for non-professional purposes only, acquires or uses products or services on the market).

2. We deliver our services worldwide.

3. Our services will be delivered in English. Some of our services might also be delivered in Dutch or in Spanish. If this is the case, this will be clearly stated on the service description page.

4. You need to be at least 18 years of age to place an order or contract our services. By agreeing to these Terms of Service, you confirm that you are at least the age of 18. If you are not 18 yet, we would like to ask you to have your parents or a legal guardian place the order. If we notice that an order has been placed by a minor, we can refuse this order.

5. Visiting or placing an order on the website counts as explicit acceptance of our Terms and Conditions, which can be always accessed through our website.

6. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any Belgian or European laws or laws in your jurisdiction (including but not limited to copyright laws).

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Article 3 Our products, services, payments, and your order

1. We will describe what and how we sell as fully and accurately as possible. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. If we use images, these will be for illustrative purposes only. Errors could happen, and if we have clearly made a mistake, we are not required to deliver afterwards.

2. The content and material presented for view or sale on this website is for educational and informational purposes only. The content should not be used for diagnosis or treatment of any condition or disease. The case histories presented are provided for illustrative purposes only. No express or implied guarantee of results is made. If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, please consult with that provider prior to changing or modifying any treatment program.

3. During our one-to-one sessions, we will provide you with our insights and services to the best of our abilities. However, please be aware that none of our therapies are meant to replace or substitute conventional medical treatment and that none of our coaching sessions are meant to treat medical conditions or to replace or substitute conventional medical treatment. Our services are always meant to be used in addition to any recommended conventional medical treatment as prescribed by your physician or specialist.

4. If you order from us, you will receive a confirmation by email. If the payment company does not approve of your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered payer or cardholder will not be accepted or processed.

5. For booking an online session, you are required to create an account through the online scheduling system. Without this, the session cannot be booked.

6. You are required to create an account for placing your order (e.g. webinars, courses, online content, etc.), as this is where you will be able to access your purchased content. You can always ask us to delete your account should you not wish to keep it. Be aware that if you delete your account, your access to purchased content will be removed as well.

7. To purchase a product, you add the product to your shopping cart. To be able to move forward with your purchase, you will need to log in or create an account. You can set up different billing information if you require so. The next step will be to select your payment method and enter payment details, accept terms and conditions, and place the order. During these steps, you will see an overview of your order: What you see is what you pay. Once you have completed these steps, your purchase is final. 

8. We have the right at any time to modify or discontinue the Service (or any part or content thereof) or to limit the quantities of any products or services that we offer, without notice at any time, by updating the information on our website. We can also change at anytime the description and pricing of our products or discontinue them without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

9. We can only accept payment via the payment modules on our website. To guarantee secure online payments and the security of your personal data, the transaction data is transmitted via the internet, encrypted with SSL technology. You can recognize that we use a secure SSL connection by the "lock" icon in your browser's status bar.

10. Our prices are VAT inclusive. There are no hidden fees or charges, what you see in your order total is what you will pay.

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Article 4 Order fulfillment

1. It is important that you double-check your account details before placing your order as we use this data to deliver our products and services. What you provide us with, is what we will use for fulfilling your order. If you made a mistake, please notify us as soon as possible so we can help you. Once the order has been delivered, we cannot change the delivery account, or guarantee the recovery of your order. We will do everything we can to help you, but we cannot be held responsible for this.

2. We will take the greatest possible care when receiving and implementing product orders.

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Article 5 Cancellations and Refunds for Products, Subscriptions, Sessions, and other services

We want and hope that you are satisfied with our products and services. Cancellation and refund policies are as follows.

• All digital products are non-refundable and non-exchangeable. Please review the detailed description of the digital product, on the product page, before completing your purchase.

• All online courses and workshops are non-refundable and non-exchangeable.

• All sessions (coaching/therapy) are non-refundable and non-exchangeable once they have taken place.

• If a session (coaching/therapy) is cancelled more than 48 hours before the booked date and time, it will be refunded minus a 10% administrative fee. If you cancel less than 48h before your appointment, the appointment will not be refunded. No refund will be applicable if you are cancelling a previously rescheduled session.

• Rescheduling of a session (coaching/therapy) is possible until 48 hours in advance of the booked date and time.

• Rescheduling of your appointment within 48 hours of the booked date and time, will only be possible if there is availability, you need to contact us to verify this. If there is no availability to reschedule your appointment, refund will not apply. If rescheduled, an administrative fee of 10% of your session price will apply.

• If you cannot attend to the session due to force majeure, please notify us as soon as possible and in any case before your session starts. If we receive a valid proof of these circumstances, we will refund you. Each case will be assessed individually.

• Please note that malfunctioning of your internet connection, due to which the session cannot take place, or does not meet common quality standards, leaving you with a sense of dissatisfaction, does not qualify to apply for a refund. It is your responsibility to make sure that, your internet, your mobile device (computer/laptop/tablet/phone), your camera and microphone, and video platform are functioning properly before the start of the session.

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Article 6 Force majeure

In the event of force majeure, we are not required to carry out our obligations. In the case of force majeure, we can either postpone our obligations for the duration of the force majeure or terminate the agreement permanently.

Force majeure includes any situation outside of our will and control which prevents us from fulfilling our promises to you. This includes but is not limited to strikes, fire, malfunctions, natural disasters, power failures, network failures in, for instance, telecommunication networks, connections, or used systems of communication, or the unavailability of our website at any time, non-timely delivery by suppliers or other third parties.

In case of unavailability of one of our team members at the time of your appointment, due to unforeseen circumstances such as illness, you will be offered to reschedule the session or to be refunded.

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Article 7 License to Use Service

You are granted a nonexclusive, non-transferable license to use the Service to view, read, listen to, access, copy and privately perform and display the information, text, photos, illustrations, recordings, and other content ("Content") that is posted on or uploaded to the portions of the Service to which you are granted access; and to access the various services provided in the Service and to use them in accordance with these terms and other terms as may be posted throughout the Service. Notwithstanding the foregoing, you shall have no rights to copy any of the Content for public distribution, transmission, display, performance, archiving, sublicense, rent, lease, or further use or distribution or for the creation of derivative works other than as specifically allowed herein.

Under no circumstances are you allowed to record or distribute in any way or form, whether it is audio only or video and audio combined, the coaching and/or therapeutic sessions. Taking personal notes during the sessions is allowed.

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Article 8 Intellectual property

Marama Health respects the intellectual property of others, and we ask our users to do the same. Marama Health may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others (or otherwise appear to violate the law).

The Service, and all materials therein or transferred thereby, including, without limitation, the website, software, apps, logos, texts, videos, music, photos, names, content, trademarks, patents, copyrights, and all our communication, in general, are protected by Intellectual Property Rights known to us, or to our suppliers or other beneficiaries. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Article 9 Materials Provided to Service

For information regarding use of the material and information you supply or communicate with the Service, please see our Privacy Policy. By ordering products, posting messages, inputting data, or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You represent, warrant, and agree that such posted information and materials do not violate any of the terms of this Agreement; are not libellous, defamatory or otherwise infringe on the proprietary or privacy rights of others; are original to you or are used with permission of the owner, or are clear for use on the Service; or otherwise violate any laws or regulations. Notwithstanding the foregoing, we will not use your credit card or other personal payment information for any purpose other than to complete your ordering transactions, and we will not maintain records of such credit card or ordering information after the order has been fulfilled and full payment received, nor will we disclose any confidential information as discussed during the coaching or therapy sessions in such way that you should be identifiable or recognizable to 3rd parties.

Marama Health reserves the right, but undertakes no duty, to review, edit, move or delete any materials, information, postings or Content provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice. Marama Healthshall have the right to change the Service or your access to the Service without notice or liability.

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Article 10 Website tools and resources

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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Article 11 User comments, feedback and other submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, images, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, discriminatory, refer to hate speech, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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Article 12 Promotional emails and content

If you subscribe to our mailing list, you agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please just notify us at any time.

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Article 13 Errors, inaccuracies, and omissions

Even if we strive to achieve perfection, Errare Humanum Est, so there is a probability that there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product charges, times and availability. We will do our best to correct these mistakes promptly, so we have the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time (including after you have submitted your order).

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Article 14 Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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Article 15 Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We do not represent or warrant that there will be no failures, errors or omissions, or loss of transmitted information, or other harm to your software, hardware, or equipment, or that no viruses will be transmitted on the service.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Marama Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or anyone else affiliated with the company, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, in no event shall Marama Health be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Marama Health assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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Article 16 Indemnification and severability

You agree to indemnify, defend and hold Marama Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any and all claim, demand or liability (including attorney fees and legal costs), which may arise from your submissions of Content to the Service, from your unauthorized use of material, email addresses, information, or Content obtained through the Service, from your breach of this Agreement or any of the terms herein, from your violation of any law or the rights of a third-party, or from any acts related to your use of the Service by yourself or by any third party. Marama Health reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to this indemnification.

If any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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Article 17 Miscellaneous

You may not assign or transfer this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be enforceable in full. Marama Health makes no representation that materials on the Service are appropriate, available, or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.

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Article 18 Bulletin Board and Advertisements

Marama Health does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards, forums, or otherwise contained in the Service. Nor does Marama Health or its third-party Owners make any warranties with respect to any of the merchandise featured, advertised, or mentioned in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Marama Health or its third-party Owners.

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Article 19 Termination, entire agreement, and changes

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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Article 20 Complaints procedures and disputes

We want and hope that you are satisfied with our products and services. If you do have a complaint, please let us know as soon as possible via our contact form. We'll do everything we can to help you within 5 working days.

All agreements that we conclude with our clients, regardless of their place of residence, are governed exclusively by Belgian law, and in case of a dispute, only the competent Belgian courts are competent. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts If for reasons of international law, another law applies, Book VI of the Belgian Economic Law Code will be referenced when interpreting the current Terms and Conditions.

The Consumer Mediation Service of the FOD Economie is qualified to process any request to settle extrajudicial consumer disputes. They will, in turn, process the request themselves or send it to a qualified entity. You can reach the Consumer Mediation Service via this link: https://www.consumentenombudsdienst.be/en

If there is a cross-border dispute, the consumer can rely on the Online Dispute Resolution Platform of the European Union via this link: https://ec.europa.eu/odr.

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