TERMS AND CONDITIONS
Dated 7th July 2024.
1. Disclaimer
1.1 The services provided by the Company, such as therapy sessions, implementation of the FFT Free Falling Technique®, mental practices, alternative healing methods, courses, and group programs, do not replace traditional medical care, but complement it and support healing. The Company does not recommend the cessation of the use of traditional medical care.
1.2 We are not doctors so for all heath issues, mental or physical please consult your medical professional.
1.3 The Company offers services for the purpose of the Customer’s mental self-development, life change, awareness-raising, and guidance.
1.4 The Customer is aware that they may experience different sensations in the body or nothing at all during the session.
1.5 The Customer is aware that the effectiveness of therapy and the speed of change depends on the Customer’s energy, resistance, and readiness to fully commit, learn and change.
1.6 The Customer understands and agrees that only he/she is fully responsible for his/her results, success, changes, and possible consequences.
2. Terms and General Conditions
2.1 „Terms and Conditions“ apply to all goods and services (paid or free) offered by the Company. These Terms and Conditions also apply to contracts formed on the website https://ilonasibold.com/ (hereinafter “Website”).
2.2 “Company” Itherapy OÜ is a company incorporated under the law of Estonia with an Estonian registry code 14808941 and location at Harju county, Tallinn, Kesklinna district, Narva mnt 19-33, 10120, email info@ilonasibold.com, who is also the owner of the Website. The Company may also operate under its registered trademark FFT Free Falling Technique® (hereinafter “Trademark”).
2.3 By visiting our Website and/or purchasing something from us, you agree to be legally bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Company assumes that the Customer has carefully read and accepts these Terms and Conditions, also our Privacy Policy, before ordering and using our services.
2.4 The Customer’s submission of personal information to the Company is governed by our Privacy Policy.
2.5 In addition to these Terms and Conditions, the formation, existence, construction, performance, validity and all aspects of all contracts, also all relations between the Company and Customer shall be governed by Estonian law and the parties submit to the exclusive jurisdiction of the Estonian courts.
2.6 “Customer” is any natural or legal person or any user of the Website who submits an Order to the Company or concludes a contract with the Company for the use of goods and/or services.
2.7 “Consumer” is a natural person Customer whose conclusion of the contract is not related to independent economic or professional activity and to whom consumer rights apply.
2.8 „Order“ is an offer by the Customer to purchase goods and services from the Company subject to these Terms and Conditions.
2.9 The website displays the main information related to the goods and/or services. For more detailed information, please contact the Company.
2.10 The Company reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Website. You can review the most current version of the Terms and Conditions at any time on our Website.
2.11 By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2.12 We reserve the right to refuse service to anyone for any reason at any time.
3. Price and Payment
3.1 All prices on the Website are shown in Euros and include the VAT applicable in Estonia at the time of placing the Order.
3.2 The Customer pays the price shown on the Website at the time of placing the Order.
3.3 The Company reserves the right to change the prices of goods and/or services. Price changes are not retroactive.
3.4 The goods and/or services are paid for in advance or by agreement with the Company.
3.5 If an invoice for payment is issued to the Customer, the Customer undertakes to pay the invoice within 7 calendar days after receiving the invoice.
3.6 In case of delay in payment, the Customer will be charged a 0.15% daily late fee of the amount not paid on time for each calendar day of delay in payment.
4. Placing an Order and Conclusion of the Contract
4.1 There are 2 options for placing orders.
4.1.1 First option:
4.1.2 To place an order on the Website https://ilonasibold.com/, click “Packages and programs”, select the appropriate product and/or service and click “Read more”. Then click “Buy now”, after which you will be redirected to a payment environment provided by Stripe. To make a payment, you will be asked to enter the following information: email address, card information, cardholder name and country or region. Then click “Pay”.
4.1.3 Please note that the Stripe Terms and Privacy Policy apply in the Stripe payment environment.
4.1.4 After the purchase is confirmed, an automatic payment confirmation is sent to the Customer’s email address.
4.2 Second option:
4.2.1 To place an order, write to info@ilonasibold.com or contact the Company via the social media accounts shown on the Website. In this case, the Customer provides the Company with their contact details and the goods and/or services for which the Customer wishes to place an Order.
4.2.2 Upon receiving the Order, the Company submits an offer to the Customer generally within 48 hours by email or via the social media account shown on the Website, specifying the price of the goods and/or service, necessary payment information and other important conditions.
4.2.3 In the offer, the Company explains to the Customer that the present Terms and Conditions and Privacy Policy apply to the goods and/or services, and the Customer is given the opportunity to review the referenced terms. By accepting the offer and making a purchase, the Customer agrees to all conditions.
4.2.4 With the offer, the Company may forward a contract to the Client for signing.
4.2.5 If the Company has not contacted you within 48 hours after placing the Order, please contact the Company at info@ilonasibold.com.
4.3 Orders that have not been paid for on time may be cancelled by the Company after 3 calendar days from the payment due date.
4.4 The contract enters into force after the payment has been received by the Company.
4.5 The Customer must provide current, complete and accurate purchase and other information to the Company, as the delivery, availability and use of the goods and/or services is dependent on it, so the Company can complete the Customer’s transactions and contact the Customer when needed. The Company is not responsible for any damage or any other consequences arising from incorrect information provided by the Customer.
4.6 We reserve the right to refuse any order you place with us. The Company does not guarantee the availability of goods and/or services displayed on the Website. If the Customer submits an Order and it turns out that the Company is unable to fulfil the Order, the Customer will be informed of this and the amount paid will be returned as soon as possible, but no later than within 14 days of sending the notification.
5. Right of Withdrawal
5.1 The Consumer shall have a period of 14 days to withdraw from contract without giving any reason.
5.2 The withdrawal period expires 14 days after:
5.2.1 the day of entry into contract, in the case of a contract the object of which is the provision of a service or other continuous performance,
5.2.2 the day when the Consumer or a third person other than the carrier and indicated by the Consumer acquires physical possession of the goods, in the case of a contract the object of which is the delivery of goods.
5.3 The Consumer may withdraw from a contract by presenting an unequivocal application for withdrawal at info@ilonasibold.com.
5.4 The deadline for withdrawal from a contract shall be deemed to have been observed by the Consumer if the Consumer has dispatched a notification concerning the withdrawal to the Company during the withdrawal period.
5.5 Upon receipt of an application for withdrawal, the Company shall return to the Consumer immediately but at the latest after 14 days all the payments received from the Consumer based on the contract, inter alia the costs of delivery of the goods borne by the Consumer. If the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Company, the Company shall not be required to reimburse the Consumer for the costs which exceed the costs relating to the type of standard delivery. The Consumer shall carry out the reimbursements using the same means of payment as was used by the Consumer for making the payments, unless the Consumer has expressly agreed on the use of other means of payment and provided that the Consumer does not incur any service charges or other costs as a result of such reimbursement.
5.6 If, according to the Consumer’s request, the provision of the service began within the withdrawal period, the Consumer will pay for the used service proportionately until the withdrawal from the contract.
5.7 The Consumer’s right of withdrawal does not apply to contracts the object of which is:
5.7.1 the delivery for such digital content which is not delivered on a physical medium;
5.7.2 the delivery of sealed audio or video recordings or computer software if the Consumer has opened the package;
5.7.3 a gift card and the unique code provided on it has already been used.
5.8 The Consumer’s right of withdrawal does not apply if the Customer is a legal entity.
5.9 The Customer must notify the Company in writing of the cancellation of the agreed individual session at least 24 hours before the start time of the agreed session. In case of shorter notice, the Customer must pay 50% of the amount of the service. Written notifications must be sent to info@ilonasibold.com.
5.10 The Customer has the right to withdraw from the purchased service (e.g., group program, training, paid group) if they notify the Company thereof on the basis of a written application within 14 calendar days from the purchase of the service, but not later than 7 calendar days before using the service. In case of shorter notice, the Customer must pay 50% of the amount of the service. Written notifications must be sent to info@ilonasibold.com.
5.11 The fee is not refundable if the Customer terminates the use of the service after the service has already started.
6. Use of the FFT Free Falling Technique® trademark
6.1 FFT Free Falling Technique® is a technique that the Company uses in its operations and also teaches Customers to use FFT Free Falling Technique® at the Academy.
6.2 The Trademark is registered at EUIPO (The European Union Intellectual Property Office) (no 018243264).
6.3 The Company grants the Customer the right to use the Trademark, but the use of the Trademark must be agreed upon in advance.
6.4 By using the Trademark, it is prohibited to modify or transform it in any way.
6.5 Before using the Trademark, a design project sample must be submitted to the Company at info@ilonasibold.com, which the Company must approve or refuse to approve within 10 working days at the latest. The Company has the right to grant permission for the use of the Trademark as shown in the design project, make proposals for amendments in the project or refuse to grant permission for the use of the Trademark. A project with amendments must be resubmitted to the Company for granting permission. It is prohibited to use the Trademark without permission.
6.6 Customers may advertise themselves as students of FFT Free Falling Technique® Academy before receiving the certificate. There is no restriction on what name is used (coach, therapist, healer, helper, etc.). For example, you can call yourself a Therapist and a student of the FFT Free Falling Technique® Academy.
6.7 Customers may use the FFT Free Falling Technique® in all group programs and courses that are not visibly similar to the Company’s group programs.
6.8 The Customer does not have the right to grant or transfer the right to use the Trademark to third parties.
6.9 The Company has the right to exercise control over the use of the Trademark.
6.10 The Company has the right to publish the users of the Trademark on its Website. If the Customer does not want their name published on the Website, they must inform the Company in writing.
6.11 The company has the right to publish Customer feedback of the FFT Free Falling Technique® on its Website. If the Customer does not want their name and feedback published on the Website, they must inform the Company in writing.
6.12 A graduate of the FFT Free Falling Technique® Academy has the right to offer the FFT Free Falling Technique® Tool for sale to their customers. Customers can receive the content of the tool as a link to their Google Drive in order to send it to their customers or sell it through their website. The tool consists of a manual and an introductory video. It is not allowed to change the content of the tool. When selling the tool, it must be reported to the Company in order to activate the tool for a specific customer.
7. Liability in Case of Violation of Improper Use of the Trademark
7.1 In the event of a violation of the Company’s Trademark, the Company may demand an agreed contractual penalty for the violation in the amount of:
7.1.1 300 euros in the event of a violation committed by a natural person;
7.1.2 1000 euros in the event of a violation committed by a legal entity.
7.2 If the Company’s Trademark is repeatedly infringed, the Company has the right to demand from the person specified in 7.1.1 and/or 7.1.2 damages in the double amount for each case of repeated infringement.
7.3 Demanding and paying the penalty does not preclude the Company’s right to demand immediate termination of the violation.
8. Study Materials and Study Environment
8.1 Participants of the FFT Free Falling Technique® Academy training, program, panel, course, etc. will receive comprehensive educational materials (including written materials, videos) (hereinafter “Materials”). The Materials for online programs are issued personally by email or made available in cloud service. Materials can also be made available via the Company’s Facebook group. Customer’s receive the Materials in printed form if the program takes place in a physical location.
8.2 The Materials and the study environment can be accessed by a Customer who has paid the entire participation fee in advance or has made at least the first payment in agreement with the Company.
8.3 Customers submit independent work electronically if the program is held online.
8.4 At the end of the program, the study outcomes will be evaluated and the Customer will be issued a certificate. If the entire amount of the program has not been paid before the end date of the program, the Company has the right not to issue a certificate to the Customer.
8.5 The Materials distributed at trainings, programs, panels, courses, etc. are protected by copyright. Copyright of all materials, images, videos belongs to the Company.
8.6 The Materials may not be used for commercial purposes or be distributed, modified, reproduced, exhibited, sold, rented or publicly displayed without a written permission from the Company.
8.7 In the event of a violation of the Company’s copyright, the Company may demand an agreed contractual penalty for the violation in the amount of:
8.7.1 300 euros in the event of a violation committed by a natural person;
8.7.2 1000 euros in the event of a violation committed by a legal entity.
8.8 If the Company’s copyrights are repeatedly infringed, the Company has the right to demand from the person specified in 8.7.1 and/or 8.7.2 damages in the double amount for each case of repeated infringement.
8.9 Demanding and paying the penalty does not preclude the Company’s right to demand immediate termination of the violation.
9. The Customer’s Rights and Obligations
9.1 The Customer’s Rights:
9.1.1 participate in the prescribed training, program, session, panel, etc. according to the chosen study program in the prescribed volume after the first payment or full payment has been made;
9.1.2 receive information about study arrangements;
9.1.3 demand a full refund if the study program was cancelled due to the Company’s fault;
9.1.4 receive a certificate for completion of the study program if all required payments have been made;
9.1.5 The Customer understands and agrees that only they are responsible for their success and life changes. The Customer decides for themselves whether and how they use the FFT Free Falling Technique® in their work or everyday life. The Customer acknowledges and understands that the Company cannot guarantee the goal set or expected when providing goods and services.
9.2 The Customer’s obligations:
9.2.1 Make payments by the due date;
9.2.2 The Customer must be willing to fully commit, learn and change to achieve the desired results using the FFT Free Falling Technique®. The Customer agrees that the achievement of results depends on the Customer’s own contribution;
9.2.3 The Customer is aware that in order to participate in a program online, a private location is needed to achieve maximum results, which allows you to feel free and speak loudly;
9.2.4 The Customer agrees to respect all the Company’s rules to complete the program and to do homework to achieve the desired results;
9.2.5 not to film, photograph or in any other way copy or record the Materials and execution;
9.2.6 not use the Materials for commercial purposes or distribute, modify, reproduce, exhibit, sell, rent or publicly display the Materials without a written permission from the Company;
9.2.7 The Customer confirms that what happens in the study program is strictly confidential and cannot be shared or taught to third parties. The Customer can only pass on the knowledge they have acquired.
10. Protection of Personal Data
10.1 Itherapy OÜ (Estonian registry code 1480894, legal address Harju county, Tallinn, Kesklinn district, Narva mnt 19-33, 10120) is hereby the Data Controller and responsible for the processing of your data.
10.2 The Company’s Privacy Policy applies to this contract. Our Privacy Policy is available at https://ilonasibold.com/privacy-policy/.
10.3 The Company collects and processes the Client’s personal data to fulfil obligations arising from the contract, to submit invoices, to manage accounting and other internal information systems, and to fulfil obligations arising from the law. The Customer’s personal data is also processed based on the Customer’s consent.
10.4 The Customer’s data is stored until the end of the validity of the contract or until it is necessary for the Company to fulfil its obligations arising from the law or to resolve disputes.
10.5 The Customer consents to receive the Company’s newsletters and questionnaires, marketing materials, offers, information about events organized by the Company, and other e-mails necessary to evaluate the Customer’s satisfaction.
10.6 The Customers give their consent to publish their first and last name on the Company’s Website if the Customer uses the Company’s Trademark.
10.7 The Customers give their consent to publish their first and last name and the feedback given to the Company on the Company’s Website.
10.8 The Customer has the right to withdraw consent at any time by notifying the Company by email at info@ilonasibold.com.
11. Delivery of Notices
11.1 All notices sent by email are deemed to have been received within three working days after sending the email.
11.2 Customers must inform the Company of changes in their contact details.
12. Termination for Cause
12.1 The Company may, by written notice to you, terminate any programs or services, or any part thereof, if you breach any of the terms and conditions or any agreement. By ways of example:
12.1.1 failure by you to make timely, complete and conforming payment according to the program of service you purchased;
12.1.2 you are abusive, rude, aggressive, or otherwise elicit threatening behaviour in writing, physically, or verbally towards anyone within the Company;
12.1.3 breach of the representations or warranties set forth in these Terms and Conditions or any other agreement, shall entitle the Company to terminate its contractual relations with you.
12.2 If any agreement is terminated for cause, the Company shall have no payment obligation to you. Moreover, there will be no reimbursement of payments you already made and, in the event a payment plan was agreed upon, you will remain liable for the full payment.
13. Termination for Convenience
13.1 You may, by written notice to the Company, terminate all or part of any agreement, for any or no reason, for your convenience. Upon notice of termination, you shall immediately stop using any program and/or service pursuant to any agreement. If you terminate for convenience, you shall pay any remaining outstanding balance, if any, for any program or service you purchase. If you terminate for convenience before the end of a program or service, the Company will have no obligation to reimburse any amount paid the whole as liquidated damages.
14. Limitation of Liability and Dispute Resolution
14.1 Our Website is available “as is.” We do not warrant that our Website will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our Website. Our goods and services are also 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 the Company’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
14.2 By purchasing our goods and services, the Customer accepts all risks that may arise from the use of the Company’s goods and services.
14.3 The Customer agrees that the Company is not liable if harmful results occur as a result of the use of the Company’s goods and services.
14.4 The Company does not take responsibility for the deterioration of the Customer’s health as a result of using the Company’s goods and services.
14.5 Indemnification. You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.6 In any case, the Company’s liability is limited to the price of the contract.
14.7 These Terms and Conditions and any separate agreements whereby the Company provides the Customer with goods and services shall be governed by and construed in accordance with the laws of Estonia. All relations between the Company and Customer shall be governed by Estonian law and the parties submit to the exclusive jurisdiction of the Estonian courts.
14.8 Questions about the Terms and Conditions should be sent to info@ilonasibold.com.
14.9 The Customer has the right to contact the Company at info@ilonasibold.com if there is a problem with the Company’s goods and/or services.
14.10 All claims will be reviewed as soon as possible, but no later than within 14 days of receiving the claim.
14.11 The Company is not responsible for any damages incurred if the damage is due to circumstances that the Company could not influence or foresee (force majeure).