Circular Marketing Solutions, registered in the Netherlands with the chamber of commerce number 72620676 with a principal place of business in Bergen op Zoom, the Netherlands (the “Company”, “we,” or “us,” or “our”) welcomes you.
We invite you to access and use our website www.palmtreemoments.com, and any functionality, applications, and/or services offered on or through the website. We provide our visitors (“You” or “Visitors”) access to the Website, subject to the following Terms of Use (the “Terms”), which may be updated by us from time to time. Please read the Terms carefully before you start to use the Website.
By using our Website or by clicking “I Accept” or “I Agree” to the Terms when this option is made available to you, you accept and agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
All (future) clients of palmtreemoments.com are subject to the following terms and conditions and other applicable law. If you do not agree with these terms and conditions, please do not use any of palmtreemoments.com’s services.
General Refunds & Guarantees
Astrid Heystee offers the following guarantee. If you purchase a course, product or service, and for some reason, you decide that you would like a refund, you have 7 days to request a refund. This is only applicable if the service is not yet provided by Astrid or her team. If you request a refund within 7 days from the date of purchase, palmtreemoments.com will give you a full refund of your purchase price for the course, product or service. If you do not request a refund within the 7 day refund period, you forfeit this option and will not be eligible for a refund. We do not offer refunds on any additional services that you may purchase in the members’ area once you are a member. Termination of fully pre-paid contracts/courses/products or services that are subjected to a discount will in no case be refunded.
Email Opt-in Policy
When using our freebie library, or any promotional action (challenge, free content, …) you will be opted-in to receive email updates, tips and suggestions we believe will help build, grow and enhance you personally or your business/brand. You may unsubscribe at any time by clicking on the “Unsubscribe or Modify my subscription” link at the bottom of any email sent.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the the Netherlands and other international copyright laws, and is the property of palmtreemoments.com. The collective work includes works that are licensed to palmtreemoments.com. Copyright 2022, palmtreemoments.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with palmtreemoments.com or purchasing our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by palmtreemoments.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, palmtreemoments.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. palmtreemoments.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. palmtreemoments.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
No Professional Advice.
The information provided on our Site, including, but not limited to information contained in videos, on audios, on message boards, in text files, and/or in chats, cannot replace or substitute for the advice of a trained professional with expertise in a specific area, such as a lawyer, health professional, or therapist. If you need such advice, seek the services of those professionals. Our information is provided for educational purposes only.
Accuracy of Information. The content on our Website, e.g., materials, resources, documents, audios, videos, articles, checklists (collectively the “Materials”) is made available for general information purposes. We may update the Materials from time to time, but we are under no obligation to do so. We don’t guarantee the accuracy, completeness, or usefulness of the Materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content. For that reason, you should always confirm the accuracy of information found on our Website or on the Internet in general.
Limitation of Liability
palmtreemoments.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
Astrid Heystee shall not be liable for any loss or damage direct or consequential, occasioned by a failure to perform any of its obligations whether occasioned by negligence or otherwise save in cases occasioned by the direct negligent act of the Agency in which case compensation may be negotiated up to a maximum of the contract price paid by the Customer.
The Customer shall indemnify the service provider (Astrid Heystee) against any claim, cost, loss, damage, and/or the expense that the service provider (Astrid Heystee) may incur as a direct or indirect consequence of the service provider (Astrid Heystee) work, course, service or product.
To the extent permitted by law, the service provider (Astrid Heystee) shall not under any circumstances be liable for indirect or consequential loss of any kind, including loss of profits or revenues, damage to or loss of personal property or of goodwill or reputation provided that nothing in the contract shall restrict or limit the service provider (Astrid Heystee)’s liability for death or personal injury caused by its negligence. The Customer is liable for its own brand, social media profiles, and website.
The service provider (Astrid Heystee) shall not accept any responsibility for loss of circulation or ineffectiveness of any advertisement, growth, service, membership, course, or product owing to circumstances beyond its direct control.
The service provider (Astrid Heystee) is in no case responsible for the actions and results of third-party tools used by the service provider (Astrid Heystee).
Reviews, Comments, Communications, and other Content.
We may allow visitors to our Site to post reviews, comments, and other content (the “User Content”). You retain ownership rights to your User Content. However, by submitting User Content you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content in whatever way we choose. To be clear, you also grant each user of the Site a non-exclusive license to access your User Content, and to use, reproduce, distribute, and display content. You grant us and any user to the Site a perpetual and irrevocable license.
Typographical Errors
In the event that a palmtreemoments.com product is mistakenly listed at an incorrect price, palmtreemoments.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. palmtreemoments.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, palmtreemoments.com will issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by palmtreemoments.com without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
palmtreemoments.com may immediately terminate the agreement at any time by giving written notice to the customer in the event that:
(i) the Customer commits any breach of the terms or conditions of this Agreement
(ii) Any termination under this clause shall be without prejudice to all rights and/or remedies of Astrid Heystee
(iii) The Customer is working with partners, competitors or is uploading content that could be interpreted as offensive, racist, sexist, obscene, heavily politically charged, aggressive or immoral.
Termination of fully pre-paid contracts that are subjected to a discount will in no case be refunded. Termination of coaching packages or services are subject to the contract between client and Astrid.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a palmtreemoments.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
palmtreemoments.com does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, palmtreemoments.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, palmtreemoments.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to palmtreemoments.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless palmtreemoments.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, palmtreemoments.com may link to sites operated by third parties. However, even if the third party is affiliated with palmtreemoments.com, palmtreemoments.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of palmtreemoments.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, palmtreemoments.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).
Consulting services
1. CONTRACT PRICES
1.1 The contract prices are based on the information provided by the Customer to the Service Provider.
Should the amount of work to be performed vary from the contract, for whatever reason, the difference will be charged to the Customer based upon the indicated unit-prices.
1.2 At any point, the Service Provider has the right to change the contract price to adjust for inflation or exchange rates.
1.3 At any point, the Service Provider has the right to change its product pricing.
2. PAYMENT
2.1 Unless otherwise agreed between the Parties, the Service Provider shall invoice the contract price within 30 days after the signature of the contract.
2.2 All Invoices are due 14 days after invoice date in the currency mentioned in the invoice, without discounts or reductions, withholdings, set-offs or counterclaims. In case of a barter agreement, goods and services offered in exchange of content, the barter agreement will be valid for an unlimited time. In case the Customer does not allow the Service Provider to use the barter 100%, the Service Provider is entitled to invoice the difference.
2.3 In case of non-payment or partial payment on the expiry date, all sums due by the Customer to the Service Provider shall become immediately and automatically due for payment. In addition, any outstanding debts shall be increased automatically and without prior written notice, will be charged a fixed compensation of 10% of the overdue sums, with a minimum of 25 USD.
2.4 The Service Provider will be entitled to recover from the Customer all legal and other costs incurred by the Service Provider arising from the Customer’s default in payment and the collection of any overdue amounts.
3. TERMINATION BY THE SERVICE PROVIDER
The Service Provider may immediately terminate this Agreement at any time by giving written notice to the Customer in the event that:
– the Customer commits any breach of the terms or conditions of this Agreement
– Any termination under this Clause shall be without prejudice to all rights and/or remedies of the Service Provider.
– The Customer is working with partners or is uploading content that could be interrupted as offensive, racist, sexist, obscene, heavily politically charged, aggressive or immoral.
4. WAIVER
Any waiver given by the Service Provider with regard to a term or condition must be in writing to be effective and shall not be deemed to be a waiver of any other term or condition of the contract or a subsequent breach of such term or condition.
5. INTELLECTUAL PROPERTY
5.1 The Customer acknowledges and agrees that it shall have no title or interest in any intellectual property rights arising as a result of any use of the Service.
Each party will, throughout the Agreement and for 2 years after its termination for any reason, keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained from and/or regarding the other party under or in connection with this Agreement and/or the provision of the Service and will not, without the prior written consent of the other party, disclose that information to any person (other than its employees or professional advisers and, in the case of the Service Provider, the employees of any subsidiary or holding company of the Service Provider or other subsidiary of that holding company and its suppliers, who need to know the information). For the avoidance of doubt, the obligations of confidence prescribed above will not apply to:
– any information that has been published other than through a breach of the Agreement
– any information lawfully in the possession of the recipient before its disclosure under the Agreement took place
– any information obtained from a third party who is free to disclose it
-any information that a party is requested to disclose and if it did not, would be required by law to do so.
Online Consultations and coaching –
Terms and Conditions
Client acknowledges that consultations should be scheduled 1-4 weeks in advance depending on availability of coach/consultant.
Clients are obliged to send notification in writing regarding cancellations of scheduled consultations/training 24 hours prior to the schedule. The Service Provider reserves the right to bill the client for consultation/training canceled less than 24 hours prior to the schedule. If cancellation is done 24 hours prior to the schedule, an option for a reschedule of the consultation/training will be provided.
During the scheduled consultation, coach will wait a maximum of 15 minutes. Clients who fail to show up within the grace period will be given a one-time chance to reschedule. Failure to show up for the rescheduled consultation/training, the service providor is entitled to bill the client for the missed consultation/training.
Service Provider reserves the right to cancel or reschedule consultations/training should the service provider be prevented from doing these events beyond its reasonable control, including in particular but not limited to illness of consultant/coach.
In the event that the Service Provider is obliged to cancel a consultation/training, clients will be notified 24 hours prior in writing.
Consultations, coaching, and training are non-refundable.
Contact
If there are any questions regarding these terms and conditions you may contact us.