Terms of Use
PLEASE READ THE DISCLAIMER AND THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND IT’S CONTENT. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website and it’s content.
GENERAL DISCLAIMER
The information and resources on this site are for educational and informational purposes only and should not take the place of consulting a doctor or mental health professional. The self-help contents are solely the opinion of the blogger/author and should not be considered as a form of therapy, direction and/or diagnosis or treatment of any kind: medical, spiritual, mental, or other. Instead, the advice included is designed to serve as a component of treatment augmenting the ongoing services of trained professional. If expert advice or counseling is needed for serious psychological, physical, or other issues, please consult a health professional immediately. None of the information provided is meant to treat or diagnose any (mental) health condition nor is any information provided on this site a substitute for medical, or psychological, diagnosis and treatment. The blogger/author does not assume any responsibility for errors, omissions or contrary interpretations of the subject matter herein.
General Terms and Conditions
Article 1. Definitions
1. In these General Terms and Conditions the following words shall have the following meanings, unless expressly stated otherwise or the context otherwise requires:
a. The Vibrant Sensitive: the User of these General Terms and Conditions: The Vibrant Sensitive, Katarina Monster Peters, self employed in Portugal.
b. Customer: the natural person that enters into an Agreement with The Vibrant Sensitive or intends to enter into an Agreement with The Vibrant Sensitive;
c. Agreement: the Agreement between The Vibrant Sensitive and Customer;
d. Session: a group coaching session, a personal coaching session, a parenting coaching session, a teenager personal coaching session or a healing or hypnosis session conducted by The Vibrant Sensitive;
e. Programme: a coaching course or training course offered by The Vibrant Sensitive;
f. Website: the website http://www.thevibrantsensitive.com operated by The Vibrant Sensitive. drs. Karin Monster-Peters.
Article 2. General
1. These General Terms and Conditions apply to all Agreements between The Vibrant Sensitive and Customer, to which The Vibrant Sensitive has declared said terms and conditions applicable. Any deviations from these General Terms and Conditions are valid only if expressly agreed by email.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of The Vibrant Sensitive and/or a supplier to The Vibrant Sensitive. No such materials may be used except as provided in these Terms of Use. Your access to and use of this website, as well as all related websites operated by Karin Monster-Peters (which includes The Vibrant Sensitive and Highly Sensitive Parents) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by The Vibrant Sensitive, (the “Company”) and are the property of The Vibrant Sensitive and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide.
Subject to your compliance with these Terms of Use, The Vibrant Sensitive hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by The Vibrant Sensitive. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of The Vibrant Sensitive, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of The Vibrant Sensitive.
3. All trade names, trademarks, and images and biographical information of people used in The Vibrant Sensitive Content and contained in the Site, including without limitation the name and trademark “The Vibrant Sensitive”, are either the property of, or used with permission by, The Vibrant Sensitive. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of The Vibrant Sensitive and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of The Vibrant Sensitive or third party owner. The Vibrant Sensitive respects the copyright, trademark and all other intellectual property rights of others. While The Vibrant Sensitive uses reasonable efforts to include accurate and up-to-date information in the Site, The Vibrant Sensitive makes no warranties or representations as to its accuracy. The Vibrant Sensitive assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. If you send comments or suggestions about the Site to The Vibrant Sensitive, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of The Vibrant Sensitive. No submission shall be subject to any obligation of confidence on the part of The Vibrant Sensitive. The Vibrant Sensitive shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you
6. The Vibrant Sensitive has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify The Vibrant Sensitive at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
7. In case of uncertainty about the interpretation of these General Terms and Conditions the interpretation shall follow the spirit of these General Terms and Conditions.
8. In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by The Vibrant Sensitive, taking into account the purport and intention of the original provision(s) to the extent as possible.
9. In case The Vibrant Sensitive does not always demand strict observance of these General Terms and Conditions, that does not imply that these provisions would not apply or that The Vibrant Sensitive would in any way forfeit the right to demand strict observance of the provisions of these Terms and Conditions in other cases.
10. For the interpretation of the content and purpose of these General Terms and Conditions the Dutch text shall at all times prevail.
11. In case a situation occurs between The Vibrant Sensitive and Customer for which these General Terms and Conditions do not provide, said situation shall be treated in accordance with the spirit of these General Terms and Conditions.
Article 3. Offer
1. All offers are free of engagement.
2. Prices quoted in offers do not automatically apply to future Agreements.
3. Apparent errors or mistakes on the website or in email messages of The Vibrant Sensitive shall not be binding on The Vibrant Sensitive.
Article 4. Conclusion of the Agreement
4.1 Certain sessions may be purchased by Customer through the website. In case the Agreement is concluded through the website, The Vibrant Sensitive shall send Customer a confirmation by email immediately after conclusion of the Agreement. As long as Customer has not received said confirmation email, Customer may cancel the Agreement free of charge.
4.2 To be eligible for most sessions Customer must complete an online questionnaire and submit said questionnaire through the website. On the basis of the information provided by Customer in the questionnaire The Vibrant Sensitive decides whether it can provide service to Customer. In case in the opinion of The Vibrant Sensitive the complaints and/or situation of Customer do not match the sessions, Customer will be informed of that by email and The Vibrant Sensitive will suggest to Customer where Customer may find the help he needs. In case The Vibrant Sensitive is able to provide service to Customer, The Vibrant Sensitive will inform Customer by email about the way in which Customer can effect payment. After receipt of the payment by The Vibrant Sensitive the Agreement has been concluded.
4.3 These General Terms and Conditions are made available to Customer prior to or on conclusion of the Agreement.
Article 5. Payment
5.1 Payment for sessions can be made by Paypal or Stripe. Customers living in the Netherlands or Portugal may also pay by transfer of the invoice amount to the bank account number specified by The Vibrant Sensitive.
5.2 The sessions are not compensated by a health care insurance.
Article 6. Course
1. A course consists of several sessions and has a certain duration. The contents of the course, the number of session of which the course consists and the time conditions of the course are specified by The Vibrant Sensitive in the course description.
2. Sessions must be booked by Customer within the duration of the course. In case not all sessions have taken place before the end of the duration of the course these sessions will be cancelled and Customer is not entitled to repayment of the costs of said sessions or any other form of compensation.
3. Customer himself needs to ensure that the sessions are booked and will take place during the duration of the Programme.
Article 7. Booking sessions
1. Sessions are booked by mutual agreement during sessions or by email.
2. In case Customer has booked a session with The Vibrant Sensitive, The Vibrant Sensitive will send Customer an appointment reminder by email prior to the session.
Article 8. Rescheduling and cancelling a session
1. In case Customer cancels a session 48 hours or more prior to the start of a session, the session may be rescheduled free of charge, provided that the date of the new session is within the duration of the course.
2. In case Customer cancels a session less than 48 hours prior to the start of the session and Customer does not have a backup plan or in case the backup plan cannot be used because Customer is not available or The Vibrant Sensitive cannot reach Customer, the session shall be cancelled and Customer shall not be entitled to repayment of the costs of the session or any other form of compensation.
Article 10. Premature termination of a course
10.1 In case it appears during a course that the remaining sessions are not necessary, that Customer does not wish to follow any sessions any longer or that The Vibrant Sensitive does not wish to provide any sessions to Customer any longer, the course may be terminated prematurely.
10.2 The Customer who wishes to terminate the course prematurely, must notify The Vibrant Sensitive of this by email 48 hours or more prior to a booked session. In case Customer notifies The Vibrant Sensitive of this later than 48 hours prior to a booked session, this booked session will not be repaid to Customer.
10.3 In case The Vibrant Sensitive wishes to terminate the course prematurely, The Vibrant Sensitive will notify Customer of this by email 48 hours or more prior to a booked session.
10.4 In case of premature termination of the course by Customer before the first session has taken place, the costs for the first session shall not be repaid to Customer, unless the session had not been booked and Customer may invoke his right of withdrawal in accordance with article 12.
10.5 In case of premature termination of a course the sessions that have not taken place shall be repaid to Customer, subject to the exceptions referred to in article 10.2, second sentence and article 10.4.
Article 11. Money back guarantee
11.1 The Vibrant Sensitive gives a money back guarantee for a specific training of 14 days. This guarantee only applies to the do-it-yourself part, not for additionally booked sessions.
Article 12. Right of withdrawal
12.1 In case the Agreement has been concluded through the website Customer has the right to withdraw from the Agreement within 14 days of conclusion of the Agreement free of charge, without stating reasons, unless a session booked by Customer has been scheduled within 14 days of conclusion of the Agreement. In case Customer books a session within this term, Customer is expressly advised that, by booking this session, Customer agrees that the performance of the Agreement commences on that date and that Customer cannot invoke his right of withdrawal. In the confirmation email that is sent to Customer, Customer will be advised of this right of withdrawal.
12.2 Withdrawal from the Agreement must take place by email. After cancellation of the Agreement the amount paid by Customer will be repaid to Customer within 14 days after cancellation.
Article 13. Performance of the Agreement
13.1 The sessions are conducted through Zoom
13.2 The sessions are conducted in English or Dutch.
13.3 The Vibrant Sensitive shall make every effort to perform the Agreement in a conscientious way, in accordance with proper professional standards. The engagement is an obligation on The Vibrant Sensitive to perform to the best of its ability, not an obligation to produce results. The success also depends on Customer.
13.4 The sessions are part of alternative care. That means that the sessions cannot be considered a replacement for seeking medical advice and/or taking medication.
Article 14. Obligations of Customer
14.1 Customer shall ensure that all personal information specified by The Vibrant Sensitive as necessary or which Customer should reasonably understand to be necessary for the performance of the Agreement, are available in time.
14.2 The data and information provided to The Vibrant Sensitive by Customer must be complete and may not contain any inconsistencies and/or false representations.
14.3 Customer must refrain from any acts which prevent The Vibrant Sensitive from properly performing the session.
14.4 Customer is obliged to immediately notify The Vibrant Sensitive of any facts and circumstances which may be relevant in connection with the performance of the Agreement.
14.5 In case of misconduct by Customer during a session The Vibrant Sensitive has the right to terminate the session prematurely. In such a case the remaining time of the session will be cancelled and Customer will not be entitled to repayment of part of the costs of the session.
Article 15. Force Majeure
15.1 The Vibrant Sensitive reserves the right to change the date and/or time of the session in those cases in which Force Majeure applies. The date and time of the new session will be determined in consultation with Customer.
15.2 Force Majeure on the part of The Vibrant Sensitive includes (but is not limited to): internet disruption, computer failure, energy disruption, fire, sickness of the natural person that performs the Agreement on behalf of The Vibrant Sensitive.
Article 16. Liability and limitation
1. The Vibrant Sensitive cannot be made liable for any damage directly or indirectly caused by:
a. an event beyond the actual control of The Vibrant Sensitive, which therefore cannot be attributed to its acts and/or omissions;
b. any acts or omissions on the part of Customer.
2. The Vibrant Sensitive is not liable for any damage, of whatever kind caused by the fact that The Vibrant Sensitive has acted upon incorrect and/or incomplete information provided by Customer.
3. The Vibrant Sensitive does not accept any liability for physical, mental or any other type of damage caused to Customer in connection with a session that is or has been attended by Customer.
4. The Vibrant Sensitive is not liable for any misinterpretations of the content matter of a session by Customer.
5. Customer himself is always responsible for any choices made, Customer’s own conduct and the consequences thereof, both during the time jointly spent by Customer and The Vibrant Sensitive and afterwards.
6. In case The Vibrant Sensitive should be liable for any damage, the liability of The Vibrant Sensitive is limited to the amount paid to The Vibrant Sensitive by Customer for the sessions.
7. The limitations of liability contained in these General Terms and Conditions do not apply in case the damage is caused by intent or conscious recklessness of The Vibrant Sensitive.
8. Customer is obliged to instigate any actions within 1 year in case Customer is not satisfied with the performance of any acts of The Vibrant Sensitive. In case Customer does not act in a timely manner the claim shall lapse.
Article 17. Confidentiality and personal information
17.1 Both parties are obliged to keep secret any confidential information which they have obtained from each other or other sources as part of their Agreement. Information is considered confidential if declared confidential by the other party or if this results from the nature of the information. The party receiving confidential information shall use this information only for the purpose for which it has been provided.
17.2 The Vibrant Sensitive processes personal information in accordance with the GDPR. Confidential information about Customer received by The Vibrant Sensitive during a session or in any other way shall not be disclosed to any third parties, unless the law imposes an obligation on The Vibrant Sensitive to disclose certain information.
Article 18. Intellectual property
18.1 The intellectual property rights in any documents, advice, (instruction) materials and such provided to Customer by The Vibrant Sensitive shall at all times vest in The Vibrant Sensitive. Customer is not allowed to publish or reproduce the provided documents, advice, (instructional) materials and such unless The Vibrant Sensitive has expressly approved of that.
18.2 Any intellectual property rights in sessions developed by The Vibrant Sensitive shall remain vested in The Vibrant Sensitive.
18.3 The Vibrant Sensitive has the right to use the accrued knowledge for other purposes as well, to the extent that no confidential information of Customer is made available to third parties as a result of this.
18.4 Without the prior approval of The Vibrant Sensitive it is not permitted to make video and/or audio recordings of a session.
Article 19. Applicable law and competent court
19.1 Any Agreements between The Vibrant Sensitive and Customer are governed by Dutch law.
19.2 In case a dispute has arisen between the parties, the parties shall first submit the dispute to an independent mediator before seeking intervention by a court of law. In case mediation does not result in a satisfactory settlement of the dispute in the opinion of either party, the parties may refer the matter to a court of law.
19.3 Disputes with respect to Agreements between Customer and The Vibrant Sensitive that have not been settled by way of mediation shall be submitted to the jurisdiction of the competent court of law in the district in which The Vibrant Sensitive has its registered place of business. The Customer has the opportunity to opt for settlement by the court having jurisdiction in accordance with the law, within one month after The Vibrant Sensitive has invoked this article in writing.
Last updated December 2022.
