Standard Terms for the Purchase of Online Courses and/or Products
These terms and conditions apply to Services provided by Cleen Carma/Eva Wexler of 20 North Maryland Ave, Port Washington, NY 11050 (Cleen Carma” or “Eva Wexler” or “we” or “us”).
You may contact us at [email protected].
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and print a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
Course Specific Terms and Conditions;
These Standard Terms for the Purchase of Online Courses;
For purchases via our website, by clicking on the “Place Order” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Cleen Carma to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Cleen Carma for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means www.cleencarma.com, www.fitchexamprep.com and www.cleencarma.com/privacy
“you” means the individual purchasing the Services.
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must agree to the terms and conditions.
3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Cleen Carma reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple Online Courses or products, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses and/or products will not be accepted by us of your offer to purchase any other courses which make up your order.
4.1. Subject to clause 4.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within one hour after we have concluded our agreement in accordance with clause 3.3, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of Cleen Carma.
5.1. The Fees for the Services/Courses/Products shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you prior to your purchase the Services.
5.4. Fees for the Service selected by you on the Website or purchased shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Cleen Carma/Eva Wexler shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance or your access onto any Online Course.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Cleen Carma/Eva Wexler aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Cleen Carma’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Product in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Cleen Carma’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and Products made by Eva Wexler are, and remain, the intellectual property of Fitch Cleen Carma or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials or Products without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Remote Call is given
(iii) use the Course Materials and/or Products in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Cleen Carma on the Course Materials and/or Products;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or Products.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Cleen Carma, any coach/energy healer who provides the Courses/Products or any student who attends any Course/Remote Calls; plagiarize any work in connection with the Services or during any examination; steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending our live sessions; intentionally or recklessly damage our property or the property of our employees or other students; are intoxicated through alcohol or illegal drugs while on remote calls; commit any criminal offense committed on our premises or where the victim is our employee or student; are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
Cleen Carma/Eva Wexler shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Cleen Carma,
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Cleen Carma endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Cleen Carma may supplement the information that you provide with information we receive from third parties, such as surveys.
14.8. If you wish to change or update the data we hold about you, please e-mail [email protected]
By purchasing Courses and/or Products that include Energy Healing videos for yourself or another individual, you are agreeing to accept the following Terms and Conditions. If you are registering another person (unless in your capacity as parent/guardian) to receive the Energy Healing, you undertake to inform them of these Terms and Conditions.
Energy Healing is not a substitute for professional healthcare that an individual may be receiving and while we have observed the benefits of Energy Healing we do not claim to diagnose or cure any condition of mind, body or soul. We do not give medical advice, perform medical treatment, prescribe substances or interfere with the treatment of a Healthcare professional. Energy Healing can support physical, mental, emotional, spiritual well being, and it is safe to receive alongside any professional healthcare. The healing is intended as a complementary therapy, or as an aid to personal relaxation or stress reduction, and is not meant to replace one-to-one professional healthcare. Please consult a healthcare professional for any severe physical or psychological ailment that you may be suffering from.
The benefits of Energy Healing may not be perceivable to all recipients. There are many factors that influence an individual’s experience, including personal beliefs, sensitivity to energy, openness to new concepts and the ability to practice relaxation.
Limitation of Liability – Each individual (or their parent or guardian) is responsible for making decisions about their own health and wellbeing. We will not be liable for any loss, damage, personal injury, cost, expense (including reasonable legal fees) or liability of any kind (whether based on breach of contract, tort (including negligence), product liability or otherwise), arising out of or in any way connected with your registration for, receiving of, and/or inability to receive the Energy Healing. This includes, without limitation, any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses. We will not be liable for any loss, damage or injury to the extent arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms and Conditions, or your reliance on reviews and opinions about Energy Healing. You should make your own inquiries before deciding whether Energy Healing is suitable for you.
Indemnification for loss or damage – You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) arising from or in any way related to your registration for, receiving of, or inability to receive, the Energy Healing, including any liability or expense incurred by you or any third parties through you. You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) relating to your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
This Agreement is subject to United States law and the parties submit to the exclusive jurisdiction of the United States courts in connection with any dispute hereunder.
You can contact us by the following method:
Email: [email protected]
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