Stella Seaspirit Website Terms and Conditions of Service

 

Please read these Terms and Conditions carefully before using this Website.

 

 

Website Terms and Conditions of Use Relating to http://www.stellaseaspirit.co.za These Terms and Conditions (the Terms and Conditions) govern your (the User) use of the Stella Seaspirit (the Provider) website located at the URL http://www.stellaseaspirit.co.za (the Website).

 

 

By accessing, viewing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.

 

 

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

 

E-Commerce & Privacy

The Website provides content, services, programs and products for educational, informational and self-help purposes only. The information provided is not intended as a substitute for professional medical, legal or financial advice.

 

 

The use of any content, program, service or product acquired from this Website is at the user/purchasers risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages arising from whatsoever cause as a result of using the products sold on the Website.

 

 

The private information required for executing the orders placed through the e-commerce facility, amongst others, the Users personal information, e-mail address, delivery address and telephone numbers etcetera will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering products.

 

 

Upon supplying the Provider with a contact e-mail address and/or phone number the User consents to receiving promotional material from the Provider.

 

 

The User may unsubscribe to the Providers e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications. The Provider manages e-mail lists through a list management system. Unsubscribing from one list managed by the Provider will not necessarily remove the User from all publication email lists. If the User has questions or experiences problems unsubscribing, the User may contact the Provider.

 

 

While every reasonable precaution is taken, the Provider cannot be held responsible for security breaches occurring on the Users electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate online security, encryption, virus protection software or spyware that the User may inadvertently have installed on his/her device.

 

 

To use certain features of the Website or its Content, the User may require a username and password. It is the Users responsibility to maintain the confidentiality of the username and password, and the User is responsible for all activities, whether by the User or by third parties, that occur under the Users username or password and within the Users account.

 

 

The User agrees to notify the Provider immediately of any unauthorised or improper use of the Users username or password or any other breach of security. To help protect against unauthorised or improper use, the User may log out at the end of each session requiring the Users username and password.

 

 

No refunds. No cancellations. No exceptions. Services by the Provider constitute a professional service and due to the bespoke nature of the service and labour involved, all services are non-refundable.

 

 

The Provider reserves the right to cancel an order for which payment has already been received. In the event the Provider declines to perform the service purchased by the User a full refund will be issued to the User via the account associated with the Users PayPal transaction before any work has commenced. However, once the service has commenced or the service has been fully rendered by the Provider, no refund will be issued to the User.

 

 

Payment Methods

The Provider accepts transactions via PayPal. All payment transfers are done through the third party platform(s) operated by PayPal, the User is responsible for familiarity with the privacy policy and terms of use for these third party platforms. The Provider is not liable for any mishandling by these third party platforms.

 

 

If the Users credit card is declined or payment is not properly transferred due to deficiencies on the Users end, then the Provider will be entitled to the balance owed plus a 25% interest as additional charge for the deficiency.

 

 

If the User needs to cancel or reschedule a coaching call appointment, the Provider requires a minimum of twenty-four (24) hours notice by e-mail. A rescheduling link will be made available by the Provider. However, the Provider only permits one rescheduling of a coaching call appointment.

 

 

If the User does not call in at the prearranged time, the Provider will contact the User to reschedule. If the User then misses the rescheduled time the coaching call is forfeit. In the event the User misses two coaching call appointments consecutively, the service will be cancelled without refund by the Provider.

 

 

Service, Not Goods

All services by the Provider are services, not goods, and therefore shall fall under the scope of applicable codes and regulations for services, not goods.

 

 

Statement of Divinatory Reading Ethics

A statement of ethics is provided at www.stellaseaspirit.co.za/policies-and-ethics, which covers the ethical policy of the Provider, hereby integrated and incorporated into these Terms of Service.

 

 

Scope of Life Coaching Services

The Providers holistic healing services and divinatory reading services are akin to life coach services and strives to help the User work on goals for the future and create the life path the User desires. The Providers services are in no way a replacement for professional counseling from a licensed counselor or therapist and cannot be relied upon in lieu of sound legal, medical, or financial advice from licensed or qualified professionals.

 

 

The Provider in no way diagnoses problems, but rather, suggests creative perspectives for the Users understanding of current problems or assists the User to come up with actions the User can take to empower themselves in a way that will maximise their personal and professional potentials. The Provider strives to help the User improve their quality of your life by tapping into their own intuition. The role of the Provider as a life coach is supportive and complementary.

 

 

Disclosure of Limitations

Services by the Provider should never be used in place of professional counseling. Services by the Provider cannot offer legal, medical, business, or financial advice nor does any portion of services from the Provider purport to do so. The User should not rely on the Provider to make any decision that would affect the Users legal, financial, or medical condition.

 

 

If the Users inquiry involves the law, finance, or medicine, then it is the Users responsibility to seek the advice of a licensed or qualified legal, financial, or medical professional. Services by the Provider cannot replace qualified mental health care. Services by the provider can only facilitate how the User copes spiritually with a given situation.

 

 

Fortune Telling Laws

Pursuant to applicable laws of certain jurisdictions, a person can be guilty of fortune telling when, for a fee or compensation, that person claims or pretends to tell fortunes, or holds him or herself out as being able, by claimed or pretended use of occult powers, to answer questions or give advice on personal matters or to exorcise, influence, or affect evil spirits or curses, unless otherwise done so explicitly for entertainment purposes only.

 

 

Any and all services by the Provider neither claims nor pretends to tell fortunes and neither claims nor pretends to use occult powers in ways that would run against such laws. In certain jurisdictions, the Provider is required to disclose to you that holistic healing services and divinatory reading services should be for entertainment purposes only, and if such a law applies to the User, then the User is hereby expressly advised thereof.

 

 

For Entertainment Purposes

In compliance with the fortune telling laws of certain jurisdictions and the policies of certain third party hosting services, please understand that services the User books with the Provider are for entertainment purposes only and shall be construed by law as an entertainment service.

 

 

Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the Users responsibility to periodically check these Terms and Conditions at the Website for changes or updates. The Users continued use of this Website following the posting of changes or updates will be considered notice of the Users acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

 

Copyright and Intellectual Property Rights

The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (the Content).

 

 

All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (the Owners), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

 

 

Limitation of Liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an as is basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

 

 

The Provider, its holding company, affiliate or subsidiary similarly make not warranties, guarantees or undertakings pertaining to the products so sold on the Website, their efficacy, results or other properties.  The use of services, even in strict adherence to instruction, will realise different results in different persons and the Provider cannot predict, condone, warrant or guarantee the same results in every application of its services.  Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of any service so purchased from the Website.

 

 

Privacy: Casual Surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

 

 

Choice of Law

The Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all laws applicable to the User at that time and the Provider is hereby indemnified and held harmless by the User from any and all liability arising, howsoever, from the User’s transgression of the laws so applicable to it.

 

 

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the South Gauteng High Court (Johannesburg) in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed to the minimal extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

 

 

 

First posted: 7 April 2010

Updated: 22 May 2016

Updated: 25 May 2018

Updated: 21 November 2019