Bailey Barbour Reiki Terms and Conditions Agreement
Below is a Disclaimer that encompasses results, professional advice, warranties, and others.
DISCLAIMER
This is a legal notice and agreement by Bailey Barbour (“Company”, “we”, “us”) and all users of this Website and purchasers or consumers of its e-Courses and programs (“You”).
I. Definitions
Content refers to all Reiki sessions, products, services, e-Courses, programs, documents, methods, audio, photos, videos, text, testimonials, recommendations, feedback, stories, logos, promotions, advertisements, and all other materials, information, communication, and other property, viewable, usable, accessible, on or through this Website.
Company refers to Bailey Barbour Reiki and referred here as “we” or “us.”
You/Client refers to all users, accessors, and consumers who use, view, access or purchase from this Website.
II. Terms
By using or accessing this Website, or viewing, consuming, or purchasing this program you have been given notice and agree to the following:
Disclaimer on Earnings or Results
The Website is provided for informational or educational purposes only.
We do NOT guarantee specific results or outcomes related to the use, mis-use, non-use or any actions related to this Website and program.
You agree to be responsible for your actions related to this Website and program.
You assume ALL risks associated with the use, mis-use, non-use or consumption of or through this Website and program.
Disclaimer on Legal, Financial, or Professional Advice
The program does not constitute or substitute for medical, psychological or otherwise professional advice.
You are encouraged to consult with your medical professional for any and all questions and concerns regarding your specific situation.
Reiki, sound healing or any other healing methods taught in this program are not a replacement for medical care.
This program is educational and a compliment to medical care.
Disclaimer of Warranties:
Our Website and program is provided “as is.”
We disclaim all warranties, express or implied, as to our Website and program, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
While we try to update and maintain this Website and program, we do not warrant that it will be functional, uninterrupted, correct, complete, appropriate, error-free, or virus-free.
We do not warrant against harmful components.
We do not warrant the correctness, accuracy, timeliness, or reliability of our Website.
We make no warranty for third-party websites, links or affiliate links contained on our website or in our material.
Disclaimer of Technological Capacity and Functionality
We try to ensure that the availability and delivery of our Website and program is uninterrupted and error-free but we do not guarantee that your access will not be suspended or restricted from time to time.
We will try to limit the frequency and duration of suspension or restriction.
We will not be liable for damages or refunds, or for any other recourse, should our Website become unavailable or difficult to access.
You acknowledge that access to the Website and program may become slow or incomplete for several reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, repairs, or for maintenance.
Disclaimer for Errors and Omissions
We undergo reasonable efforts to present you with accurate, up-to-date information, but because scientific research is constantly evolving, we cannot guarantee accuracy, timeliness, performance, completeness or suitability of information on our Website and program.
You acknowledge that our Website and links to information or external resources may contain inaccuracies or errors.
We assume no liability for errors or omissions on the Website and program, or other information referenced by or linked to the site.
Disclaimer for Third Parties and Links to Other Websites
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content.
These links are provided for your convenience and the inclusion of any link in our Website and program does not imply our endorsement, sponsorship, or approval of that website or its owner.
We do not endorse, and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website and program.
You acknowledge that we have no control over the contents or functionality of third-party websites.
We accept no responsibility for any loss, damage, or otherwise that may arise from your use of third-party links or content that may be accessible through our Website or program.
It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Disclaimer of Liability
You acknowledge that the Company will not be responsible or accountable for any loss, damage, injury, outcome, or results you may sustain or that may occur relating to your use, non-use, mis-use or any actions you may take related to or accessible through this Website and program.
You agree to defend, indemnify, and hold harmless the Company against all demands, actions, suits, and the like, that may be filed against the Company in relation to your use, non-use, mis-use, or any other action or inaction of yours related to or accessed through this Website and program.
For any questions or concerns on this Disclaimer, contact us at info@baileybarbour.com
8. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the relationship with the Company. As such, the Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company. Client understands the program is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
9. Client acknowledges that the program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the program is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the relationship agreed upon by the Client and the Company.
10. The Client understands that in order to enhance the relationship between the Company and the Client, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
11. Services
The parties agree to engage in a 6 month Program through Distance Reiki sessions, and Voxer communication, Zoom training sessions and online self-guided learning. The Company will be available to Client by email and Voxer in between scheduled meetings as defined by the Company. The Company aims to respond to all email and Voxer communications within 48 hours.
12. Schedule and Fees
The fee for the program is 4000 euros.
The calls shall be 60 minutes in length.
Reiki levels 1 and 2 will be taught over Zoom. Dates and times will be set by the Company and will accommodate the Client’s availability as much as possible.
13. Refund Policy
All sales are final and no refunds will be granted.
14. Procedure
The time of the session calls will be determined by the Company and Client based on a mutually agreed upon time. The Company will call the Client at the scheduled time. If the Client does not answer, the Company will attempt to call the Client back after 5 and 10 minutes. After 10 minutes the session will be considered a No Show and will not be added on to the remaining number of sessions.
15. Confidentiality and Privacy Policy
The relationship between the Client and the Company, as well as all information (documented or verbal) that the Client shares with the Company as part of this relationship, is bound by the principles of confidentiality. However, please be aware that the Company-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Company agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Company will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Company’’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Company from a third party, without breach of any obligation to the Client; (d) is independently developed by the Company without use of or reference to the Client’s confidential information; or (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
https://www.baileybarbour.com/ ('Website') is provided by Bailey Barbour ('I'/'me'/'my'). In doing so, I may be in a position to receive and process personal information relating to you. As the controller of this information, I am providing this Privacy Notice ('Notice') to explain my approach to personal information. This Notice forms part of my Terms and conditions, which governs the use of this Website.
I intend only to process personal information fairly and transparently as required by data protection law including the General Data Protection Regulation (GDPR) Directive (EU) 2016/680 and supplemented by the Data Protection Acts 1988 to 2018. In particular, before obtaining information from you (including through use of cookies) I intend to alert you to this Notice, let you know how I intend to process the information (including through use of cookies) and (unless processing is necessary for at least one of the 5 reasons outlined in clause 2 below) I will only process the information if you consent to that processing. The GDPR also defines certain 'special categories' of personal information that's considered more sensitive. These categories require a higher level of protection, as explained below.
Of course, you may browse parts of this Website without providing any information about yourself and without accepting cookies. In that case, it is unlikely I will possess and process any information relating to you.
I will start this Notice by setting out the conditions I must satisfy before processing your data. However, you may wish to start with the section titled ‘Information I expect to collect from you’ which summarizes what I intend to collect, or the section titled ‘ Cookies and other internet tracking technology’, which summarizes my use of cookies. The Notice also explains some of the security measures I take to protect your personal information, and tells you certain things I will or won't do. You should read this Notice in conjunction with the Terms and conditions.
Sometimes, when you take a new service or product from me, or discuss taking a new service or product but decide against it, I might wish to provide you with further information about similar services or products by email or other written electronic communication. In that situation, I will always give you the opportunity to refuse to receive that further information and if you change your mind, please let me know. I will endeavour to remind you of your right to opt-out on each occasion that I provide such information.
Identity and contact details
Bailey Barbour
info@baileybarbour.com
I will only collect personal information relating to you if one of the following conditions have been satisfied:
You have clearly told me that you are content for me to collect that information for the certain purpose or purposes that I will have specified.
The processing is necessary for the performance of a contract that I have with you.
The processing is necessary so that I can comply with the law.
The processing is necessary to protect someone's life.
The processing is necessary for performance of a task that's in the public interest.
The processing is necessary for my or another's legitimate interest - but in this case, I will balance those interests against your interests.
How to consent
At the point of collecting the information, I will endeavour to explain how I intend to use the information and which of these purposes apply. If I rely on consent, I will provide you with the opportunity to tell me that you are happy to provide the information.
If at any point in time you change your mind and decide that you do not consent, please let me know and I will endeavour to stop processing your information in the specified manner, or I will delete your data if there is no continuing reason for possessing it.
If you do not consent to a particular bit of processing, I will endeavour to ensure that the Website and my service continue to operate without the need for that information.
Sensitive information
Certain information I collect may be considered to be in a special category of personal information. In particular, it may relate to your health.
If I do collect such information as specified in clause 4.1, I will also ensure that one of the additional reasons for processing outlined in Article 9 of the GDPR applies.
Information I expect to collect from you
I envisage asking for the following types of information from you:
I may collect personal information about you from a number of sources, including the following:
From you when you agree to take a service or product from me, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
From you when you contact me with an enquiry or in response to a communication from me, in which case, this may tell me something about how you use my services.
From documents that are available to the public, such as the electoral register.
From third parties to whom you have provided information with your consent to pass it on to other organizations or persons - when I receive such information, I will let you know as soon as is reasonably practicable.
If you refuse to provide information requested, then if that information is necessary for a service, I provide to you I may need to stop providing that service.
At the time of collecting information, by whichever method is used, I will endeavour to alert you and inform you about my purposes and legal basis for processing that information, as well as whether I intend to share the information with anyone else or send it outside of the European Economic Area. If at any point you think I've invited you to provide information without explaining why, feel free to object and ask for my reasons.
Using your personal information
Data protection, privacy and security are important to me, and I shall only use your personal information for specified purposes and shall not keep such personal information longer than is necessary to full fill these purposes. The following are examples of such purposes. I have also indicated below which GDPR justification applies, however it will depend on the circumstances of each case. At the time of collecting, I will provide further information, and you may always ask for further information from me.
To help me to identify you when you contact me. This will normally be necessary for the performance of my contract.
To help me to identify accounts, services and/or products which you could have from me or selected partners from time to time. I may do this by automatic means using a scoring system, which uses the personal information you've provided and/or any information I hold about you and personal information from third party agencies (including credit reference agencies). I will only use your information for this purpose if you agree to it.
To help me to administer and to contact you about improved administration of any accounts, services and products I have provided before, do provide now or will or may provide in the future. This will often be necessary, but sometimes the improvements will not be necessary in which case I will ask whether you agree.
To allow me to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information. This will sometimes require that you consent but will sometimes be exempt as market research.
To help to prevent and detect fraud or loss. This will only be done in certain circumstances when I consider it necessary, or the law requires it.
To allow me to contact you by written electronic means (such as email, text or multimedia messages) about products and services offered by me where:
these products are similar to those you have already purchased from me,
you were given the opportunity to opt out of being contacted by me at the time your personal information was originally collected by me and at the time of my subsequent communications with you, and
you have not opted out of me contacting you.
To allow me to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by me and selected partners where you have expressly consented to me doing so.
I may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
Before doing that, I will always tell you of my intentions and of the specific purpose in making the recording. Sometimes such recordings will be necessary to comply with the law. Alternatively, sometimes the recording will be necessary for my legitimate interest, but in that case, I will only record the call if my interest outweighs yours. This will depend on all the circumstances, in particular the importance of the information and whether I can obtain the information another way that's less intrusive.
If I think the recording would be useful for me but that it is not necessary, I will ask whether you consent to the recording, and will provide an option for you to tell me that you consent. In those situations, if you don't consent, the call will either automatically end or will not be recorded.
When it is required by law, I will check your details with fraud prevention agencies. If you provide false or inaccurate information and I suspect fraud, I intend to record this.
I will not disclose your personal information to any third party except in accordance with this Notice, and in particular in these circumstances:
They will be processing the data on my behalf as a data processor (where I will be the data controller). In that situation, I will always have a contract with the data processor as set out in the GDPR. This contract provides significant restrictions as to how the data processor operates so that you can be confident your data is protected to the same degree as provided in this Notice.
Sometimes it might be necessary to share data with another data controller. Before doing that, I will always tell you. Note that if I receive information about you from a third party, then as soon as reasonably practicable afterwards I will let you know; that's required by the GDPR.
Alternatively, sometimes I might consider it to be in your interest to send your information to a third party. If that's the case, I will always ask whether you agree before sending.
Where you give me personal information on behalf of someone else, you confirm that you have provided them with the information set out in this Notice and that they have not objected to such use of their personal information.
In connection with any transaction which I enter into with you:
If you provide false or inaccurate information to me and I suspect fraud, I will record this and may share it with other people and organizations. I, and other credit and insurance organizations, may also use technology to detect and prevent fraud.
I may need to transmit the payment and delivery information provided by you during the order process for the purpose of obtaining authorization from your bank or from PayPal.
I may allow other people and organizations to use personal information I hold about you in the following circumstances:
If I, or substantially all of my assets, are acquired or are in the process of being acquired by a third party, in which case personal information held by me, about my customers, will be one of the transferred assets.
If I have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
I may employ companies and individuals to perform functions on my behalf and I may disclose your personal information to these parties for the purposes set out above, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. Those parties will be bound by strict contractual provisions with me and will only have access to personal information needed to perform their functions, and they may not use it for any other purpose. Further, they must process the personal information in accordance with this Notice and as permitted by the GDPR. From time to time, these other people and organizations to whom I may pass your personal information may be outside the European Economic Area. I will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Notice and the GDPR.
Protecting information
I have strict security measures to protect personal information.
I work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software to encrypt information you input.
I reveal only the last five digits of your credit card numbers when confirming an order. Of course, I transmit the entire credit card number to the appropriate credit card company during order processing.
I maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. My security procedures mean that I may occasionally request proof of identity before I disclose personal information to you.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
The internet
If you communicate with me using the internet, I may occasionally email you about my services and products. When you first give me personal information through the Website, I will normally give you the opportunity to say whether you would prefer that I don't contact you by email. You can also always send me an email (at the address set out below) at any time if you change your mind.
Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered - this is the nature of the internet. I cannot accept responsibility for any unauthorized access or loss of personal information that is beyond my control.
Cookies and other internet tracking technology
When I provide services, I want to make them easy, useful and reliable. This sometimes involves placing small amounts of information on your computer, which is sent back to me at a later time. These are called 'cookies'. These cookies are listed in the table at clause 9.5. Some websites don't use cookies but use related technology for gaining information about website users such as JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. Multiple cookies may be found in a single file depending on which browser you use.
Where applicable, this section of the Notice also relates to that technology, but the term 'cookie' is used throughout.
Some of these cookies are essential to services you've requested from me, whereas others are used to improve services for you, for example through:
Letting you navigate between pages efficiently
Enabling a service to recognize your computer so you don't have to give the same information during one task
Recognizing that you have already given a username and password, so you don't need to enter it for every web page requested
Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast
This Website uses, or allows use of, the cookies listed at https://www.baileybarbour.com/privacy-policy:
The distinctions referred to in the above table are as follows:
First party versus third party cookies - I set first party cookies myself; third party cookies are set by other entities via my Website.
Session versus persistent cookies - session cookies only persist for the duration of that visit; persistent cookies last for longer
Identifying information removed - just because I've done this, they will still be personal information if the relevant information can be reassembled
Categories 1-4 found in the ICC UK Cookie guide, as explained below. Category 1 cookies do not require the user's consent, though one must still tell them about the cookies. Categories 2-4 do require their specific and informed consent.
As with any other information I may collect from you, I will work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software to encrypt information you input.
Further information
If you would like any more information or you have any comments about this Notice, please email me at Data Protection Manager, Bailey Barbour, at info@baileybarbour.com.
Please note that I may have to amend this Notice on occasion, for example if I change the cookies that I use. If I do that, I will publish the amended version on the Website. In that situation I will endeavour to alert you to the change, but it is also your responsibility to check regularly to determine whether this Notice has changed.
You can ask me for a copy of this Notice by writing to the above address or by emailing me at info@baileybarbour.com. This Notice applies to personal information I hold about individuals. It does not apply to information I hold about companies and other organizations.
If you would like access to the personal information that I hold about you, you can do this by emailing me at info@baileybarbour.com or writing to me at the address noted above. You can also ask me to send the personal information I hold about you to another controller.
I aim to keep the personal information I hold about you accurate and up to date. If you tell me that I am holding any inaccurate or incomplete personal information about you, I will promptly amend, complete, or delete it accordingly. Please email me at info@baileybarbour.co or write to me at the address above to update your personal information. You have the right to complain to the Data Protection Commissioner if I don't do this.
You can ask me to delete the personal information that I hold about you if I relied on your consent in holding that information or if it is no longer necessary. You can also restrict or object to my processing of your personal information in certain circumstances. You can do this by emailing me at info@baileybarbour.com or writing to me at the address noted above.
I will tell you if there is a breach, or a likely breach, of your data protection rights.'
Just-in-time' notices
Privacy notice about necessary information
I have asked for personal information from you. This information is necessary for one of the reasons specified in the General Data Protection Regulation.
For more information, please read my full privacy notice at https://www.baileybarbour.com/privacy
If you have any concerns, please contact me using the details provided in my privacy notice.
16. Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Company 48 hours in advance of the scheduled calls/meetings. Company will attempt in good faith to reschedule the missed meeting.
The Company may reschedule calls/meetings, if needed, and will give the Client sufficient prior notice and reschedule the missed meeting.
17. Termination
Either the Client or the Company may terminate this Agreement at any time. Client agrees to compensate the Company for all services rendered. No Refunds will be offered if the Client terminates the Agreement before the end date.
18. Limited Liability
Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered. In no event shall the Company be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all services rendered through and including the termination date.
19. Entire Agreement
This document reflects the entire agreement between the Company and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Company and the Client.
20. Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Company agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover legal fees and court costs from the other party.
21. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
22. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
23. Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the Republic of Ireland without giving effect to any conflicts of laws provisions. However, if you live outside Ireland but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
24. Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
