Terms of Use

Welcome to stevesojka.eu. This website is owned and operated by Steve Sojka, a board-certified clinical hypnotherapist with certifications in life, couples and business coaching.

DEFINITIONS

For the purposes of this agreement (also called the “Terms of Use” or “terms” throughout this document) any use of the terms “Trinor”, “Steve Sojka” “us”, “our” or “we” is intended to refer to business entities or sole trader structures owned by Steve Sojka. For this purpose, “business entities” includes relevant business structures owned by Steve Sojka. In certain contexts, unrelated to content ownership, the terms “associated parties”, “us” or “we” may also refer to affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents of Steve Sojka and his related and relevant business entities.

Unless otherwise specified, all references to our services include (but are not limited to) the content, services, courses, educational workshops, lessons, instruction and products available through this website, as well as any software that we may provide to you that allows you to access the services or use our products. The term “user”, “you” or “your” refers to the user of the service or product, including visitors that do not register for an account. The following Terms of Use are a legally binding contract between you and Steve Sojka regarding your use of the Service.

USING OUR SITE

By accessing or using any of our services, you agree to be bound by our Terms of Use and other terms available on this website (also referred to as “site”), such as those contained on the “Privacy Policy” page. Likewise, when using products or services from this site you agree to be bound by the respective terms of that product and/or service.

Each time you access or use our services or purchase something from us including, but not limited to, any courses, you agree to be bound by these Terms of Use and our Privacy Policy whether or not you register with us. You also agree that these Terms of Use and Privacy Policy also applies to any third party or employer you are acting on behalf of. If you or your associated third parties do not agree to become bound by these Terms of Use and Privacy Policy you may not access the site or use any of the content or services distributed through this site, this company or by Steve Sojka.

It is your obligation to read these Terms of Use carefully each time you access or use the services. You are also responsible for periodically reviewing the Terms of Use for this site to ensure you are familiar with any slight or material changes or modifications made to the Terms of Use.

MODIFICATIONS OF TERMS OF USE

Steve Sojka and associated parties reserves the right to change, modify or replace the Terms of Use at any time. If these alternations constitute a material change to site policies you will be notified either by email or by another posting on the site. What constitutes a “material change” will be determined at our discretion under good faith using reasonable judgement. After receiving notification of changes or modifications to our Terms of Use in one of these listed forms you are responsible for reviewing any modifications to these terms before continuing to use the site.

TRADEMARKS AND TRADE NAMES

The company name, graphics, logos, designs, page headers, button icons, background textures, scripts, and other product and service names and logo elements are the trademarks and trade names of Steve Sojka and related entities. These trademarks and trade names may not be used in connection with any product or service in a manner that is likely to cause confusion.

CONTENT OWNERSHIP AND USAGE RIGHTS

Steve Sojka retains all worldwide rights in the intellectual property of this site and any content on the site. This includes, but is not limited to, trademarks, the “look and feel” of the site, its colour combinations, layout, and other graphic elements. Steve Sojka also retains the copyright and intellectual property rights regarding any original content produced on this site.

Unless otherwise expressly noted, everything you read or view on this site is expressly owned by Steve Sojka or his related business entitles. This also includes code or other elements of the page that may not be immediately viewable, but which impact user experience, legibility, and site viewability. These elements must not be copied reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Steve Sojka or unless otherwise permitted by the law.

EXTERNAL LINKS, HYPERLINKS, WEBPAGES AND ADVERTISING

Steve Sojka provides permission for links from third-party sites, search engines and homepages external to this site. However, Steve Sojka and related parties have no ownership or control over external sites or resources that link to us. Thus, we accept no responsibility for the content contained on such external sites or resources. Steve Sojka and related parties are not responsible for the content, advertising, products or materials available on such sites. This includes the use or misuse of intellectual content, copy, ideas or theories supplied by Steve Sojka and any damage directly or indirectly caused by these “off label” uses. It also includes the overall content or context of Steve’s work or ideas being reframed, misused or otherwise framed in a way that may be inaccurate or psychologically harmful. Steve Sojka and related parties do not advocate and are not responsible for extraneous uses of his work, site, software, intellectual property and ideas.

USE OF SOFTWARE

Software or other downloadable information or resources on this site (herein referred to as “software”) are the property of Steve Sojka (or related associated business entities), such software is protected by the applicable copyright, patent or other intellectual property rights of either Steve Sojka or related associated business entities. The use of such files and documents is also subject to any associated end-user agreements or license terms contained in those files or associated software documentations. You are permitted to use this software for your personal, non-commercial use or legitimate internal business purposes related to your role as a contractor, partner, current/ and or prospective client or customer of Steve Sojka. Steve Sojka shall own and retain all rights, title and interest in and to the software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights contained in the software). Unless otherwise permitted, attempting to reverse engineer or discover underlying ideas, algorithms or source codes for this software is expressly prohibited and is considered a breach of both the relevant copyright or intellectual property laws and these Terms of Use.

ACCESS AND USE OF OUR PRODUCTS AND SERVICES

The products and services available through our site are for personal or professional use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us.

Your right to access and use our products or services is personal to you and is not transferable by you to any other person or entity. Access to our products and/ or services may not be available in all locations.

By using this site and services you agree that you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the products, site or services. You also agree that you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the services. You will not use copyrighted elements, site details, logos, trademarks, information, images, content, original ideas and services in order to build a similar or competitive service. Likewise, you agree not to use extraction and data gathering tools to compile, gather or reproduce our work, services, products and content. You also agree not to interfere with or disrupt our site, network or serves through the use of malware, viruses, spyware or other forms of destructive or disruptive code. You agree to act in the best interest of other users of the site by respecting their confidential communications and not impeding upon their right to access our services.

You are only entitled to access and use our site and services for lawful purposes and pursuant to the terms and conditions of this Terms of Use agreement and our Privacy Policy. Some products or services may have additional Terms and Conditions that apply alongside this Terms of Use agreement. These products or services are also bound by this Terms of Use agreement and any modifications and new features added to the products or services are subject to this agreement. Any action by you that (i) violates these Terms of Use, other relevant terms or this site’s Privacy Policy (ii) prevents the use, enjoyment or access to our site and services or (iii) defames, abuses, harasses, offends and threatens others, shall not be permitted and may result in barring from our site and services.

 

Except as expressly permitted, you shall not collect or harvest any personally identifiable information, including account names, from our site and services. As a user of the site, you or others may generate publicly accessible content. You agree to be personally liable for any of this content you generate. This includes being cautious about publishing your personal information. Steve Sojka and related parties and entities are not liable for this user generated content and its subsequent use and distribution.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your purchases or use of the site, services and products.

We reserve the right to modify or discontinue products or services (or any feature or functionality of said product or service) without notice at any time. All rights, title and interest in and to the products or services and their components (including all intellectual property rights) will remain with and belong exclusively to Steve Sojka and/ or relevant business entity. We also reserve the right to edit or modify our own content, services or products at any time. This helps us correct any mistakes, ensure information accuracy and maintain quality.

ACCOUNT MANAGEMENT

You agree to keep your account details current and accurate. This includes information of a personal or confidential nature. You agree not to misrepresent your identity. You also agree to keep your password and account information secure and safeguard your credentials and account access from third parties. You agree that you are responsible for any activity occurring in your account, whether or not you authorised that activity. If you are aware of unauthorised access to your account you agree to notify us immediately. You agree to keep your account details current and accurate.

We reserve the right to refuse to issue or permit access to an account to anyone, for any reason and at any time. We also reserve the right to modify, suspend or terminate user account(s) or your access to the site and other services for any reason, without notice, at any time, and without liability to you. You can also choose to cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms of Use will immediately cease. Notwithstanding this, if you cancel your account or a product or service after the refund period expires and before you have completed all required installment payments under a payment plan you agree that you will remain obligated to either complete the next installation of payment or the payment plan in full, depending on the terms of that specific agreement. If you are required to complete the payment plan for the related account, service or product you may choose to either pay the remaining balance in one payment or continuing the installments payments until paid in full.

PAYMENTS

You may choose to purchase a product or service from this site by providing us with your method of payment information (i.e. credit card, debit card, Apple Pay or PayPal). By providing this information to us, you authorize us to charge you for purchases using the secure third party payment processor we make available to you. Likewise, you authorise us to hold money in deposit for you and to collect and keep this deposit should you cancel your appointment or service after the relevant cancellation period has ended. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

You agree that we may charge you, and you will pay any fee or penalty that is assessed or charged to us for a “chargeback” resulting from a failure of your selected method of payment for a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favour.

You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account. Notification or requests made to us about or regarding payment or account changes must provide us with a reasonable period of actioning your requests or suspending the charge prior to its withdrawal on our end.

COMMENTS

We are under no obligation to moderate user comments. As a user of this site, you agree that you shall not use any communication systems provided on our site and services (such as email, text, message boards, group classes or forums) for any commercial or solicitation purposes without our prior written permission.

Users are responsible for damages suffered by other users or third parties as a result of their comments. You agree that we are not legally responsible for any comments posted or made available on our site, products or services by any users or third parties, even if that information is defamatory or otherwise legally actionable. We reserve the right to remove user comments or information that, in our sole judgment, violates these Terms of Use or negatively affects our site services or reputation.

SUSPENSION AND TERMINATION OF SERVICES

We may limit, suspend or terminate your access to services if you fail to comply with the Terms of Use or Privacy Policy or if you cause legal liability to us or disrupts the use of our site, products and service by other users. These services may also be suspended when we investigate suspected misconduct or due to disruptive behaviour (such as bullying or threatening us, other members or users of these services) on your part. Users who have been terminated or suspended due to their own actions will not be eligible for a refund of any kind for the termination or the period of suspension.

LIMITATION OF LIABILITY

We are not responsible or liable to you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages including, but not limited to, special, incidental, indirect or consequential damages. Examples of these damages noted include (but are not limited to) damages for any personal injury to you or others, or loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our services and products; (ii) your breach or violation of the terms and conditions of this agreement; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) your downloading of any of our content or the collective work for your use; or (v) your reliance upon or use of our content or the collective work, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if we (or other associated parties) had been advised of the possibility of damages. This limitation also applies to products advertised on our site, software, product or services, or received through our services or links.

You agree that, without limitations, we are not to be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control. This includes, but is not limited to, internet failures, computer equipment failures, telecommunication or other equipment failures, electrical power failures, strikes, labour disputes, riots, civil disturbances, material or labour shortages, acts of god, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

You agree that our liability and the liability of any of our associated parties for any and all loss, cost, damage, liability or expense (including legal fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, arising out of this site or the use of our software, services or products, shall not exceed the sum of $100 in the aggregate for all claims. Any cause of action arising out of our software, service, site or products shall commence within one year after the cause of action occurs, otherwise we agree to treat the action as resolved and agree that further legal actions will not occur. Certain states or jurisdictions disallow limitations of liability clauses or limitations on certain damages, if this applies to you this clause will not apply, however we caution you to engage with our site and services by exercising due caution and responsibility in order to prevent any possible claims above our above stated capacity to meet these claims.

INDEMNITY

You agree that you will be personally responsible for your use of the site, services, software and products you purchase from us. This includes any violation of the Terms of Use, Privacy Policy or infringement on intellectual property by you or arising out of your use of the site, services, software and products. Further, you agree to defend, indemnify and hold harmless Steve Sojka and any associated  business structures (including its officers, directors, employees, consultants, affiliates, subsidiaries and agents) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the services or the products you purchase through the service;  (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others;  (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the services or products purchased through the service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECURITY

Violating the security of our site and services is prohibited and may result in criminal and civil liability. Steve Sojka and related parties may investigate incidents involving such violations or breaches; this includes cooperation with the law and seeking legal enforcement if a criminal act is suspected. This includes, but is not limited to, security violations such as unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the site and services or a breach or breaches of security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite these precautions, we cannot guarantee the confidentiality or security of electronic communications. You transmit such information at your own risk and you should decide carefully, with proper consideration of the potential for security breaches, which information you want to send us via electronic communication.

REFUNDS AND GUARANTEES

In order to receive a refund, you must notify us in writing of any dissatisfaction you have within one working day of the end of the relevant event and complete the refund form. If you meet the requirements of a refund (namely a resonable criticism provided in good faith) we can provide you with a credit towards other products and services.

We value your patronage and appreciate any constructive criticism. In rare cases we are willing to offer a partial or full cash refund. However, considering the nature of the products and services we offer these refunds are given out carefully.

SEVERABILITY

If any portion of this Terms of Use and Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use and Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this agreement that is unlawful, void or unenforceable shall be severed.

These Terms of Use constitutes the entire agreement between users of the Site and Steve Sojka regarding the contained subject matters. If you breach any term of the Terms of Use we may pursue legal or equitable remedies available to us, including, but not limited to, direct, consequential, and punitive damages and injunctive relief. Failure to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

Users of this site agree to comply with their relevant state or territory laws, international laws, best conduct practices and the law of the state of New South Wales, Australia. They agree that any action relating to this Terms of Use is files in a court in the state of New South Wales in accordance with the legal requirements of this region.

 

LAST UPDATE: 21 May 2021