Terms Of Services

 

Terms of Services

These “Terms of Services”(the “Agreement”) regulates and controls your access and general use of the “MarianAaspru.Com” own and operated by “Mariana Aspru” (Registration Nr. Ust-IdNr: 122/5016/5281”). Your accessing or using this website and it services deem to be your sole acceptance of these “Terms of Services” and our “Privacy Policy”. These “Terms of Services” constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written.  

We highly recommend you to read the following “Terms of Services” before using this site, if you don't agree with these “Terms of Services”, you are suggested not to use our website.

Use of any term like, "We", "Our", "Us" “Company” etc., in this “Terms of Services” will be deemed to be a representation of “MarianAaspru.Com”. And the use of any term such as "You", "Your" “Client” etc. in this "Terms and Condition" will deem to be the representation of users or client of “MarianAaspru.Com” 

General Use:

If you choose to use or visit “MarianAaspru.Com” (the “Site”) and any of the features of the website, it will deem to be your sole acceptance to abide by all of the terms of these “Terms of Services”. 

We may change, modify, add or eliminate any portions of these “Terms of Services” at any time, which shall become effective instantly upon posting. The user or clients should be concerned to review these “Terms of Services” prior to each use of the website and its services. By continuous use of the “MarianAaspru.Com”, it will deem to be your sole acceptance to such modifications.

Eligibility, User Accounts, and Account Security:

This site is intended for users who are 13 years of age or older. You may need to register for an account to access some of our Services. If you register for an account, you must accurately provide your legal full name, valid email address, and other requested information at signup. 

We reserve the right to suspend or terminate service to anyone, at any time, without any prior notice if we feel our Terms are being violated or integrity of service is being disrupted. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. Your use of our site and software is at your own risk. We cannot guarantee the security of any data passing through our networks. You agree to be responsible for safeguarding your data, including usernames, passwords, and content. 

We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold the legal claim, including trademark rights, in those usernames.

Our Services: 

Upon execution of this Agreement we agree to render services related to education by means of a seminar, consulting, coaching, and/or business coaching (the "services"). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

You acknowledged and agreed that the services are in the nature of coaching and education. The scope of services rendered by “MarianAaspru.Com” (the “Company”) pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. We reserve the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

Also upon any special request from any of our user or client, we may also provide some other services including but not limited to Branding, Graphic Design, Web Design etc. The “Terms and Conditions” to use those services will be same as our other program stated in this “Terms of Services” or we may proceed with those services with an additional service agreement/contracts. 

The following terms and conditions will be applied to use our all programs

  1. Enrollment Agreement:

By clicking “I Agree,” to this “Terms of Services”, entering your credit card information, you are entering into a legally binding agreement with the Company, subject to the following “terms and conditions:

  1. Course Rules

To the extent that, your interaction with our staffs and/or other clients, you agree to behave, at all times, courteously and respectfully. 

You agree to abide by any Course rules and/or regulations presented by “MarianAaspru.Com”. The failure to abide by Course rules and regulations shall be a material breach of these “Terms of Services” and therefore sufficient cause for immediate termination of this Agreement by “MarianAaspru.Com”.

In the event of such termination, you as the client will not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

  1. Use of Course Materials

All clients consent to recordings being made of courses and the other Programs, We reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by “MarianAaspru.Com”, without compensation to the Client.

You as the Client consents to your name, voice, and likeness being used by our Company for a future lecture, teaching, and marketing materials, and further other goods/services provided by our Company, without compensation to you or need for further agreement by you.

  1. No Substitute of Medical Treatment:

You agree to be mindful of your own health and well-being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

We do not provide and does not hold ourselves out as providing, medical, therapy, or psychotherapy services. You acknowledge and agree that we are not responsible for any decisions made by Client as a result of the coaching and any consequences thereof. 

  1. Disclaimer of Guarantee

You the client acknowledged and agree that

  1. You are entirely and solely responsible for your progress and results from the Program.
  2. We cannot control the Client’s responses to the provision of the services under this Agreement.
  3. We make no representations or guarantees whatsoever regarding the performance of this Agreement other than those specifically stated herein.
  4. We and our affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
  5. We make no guarantee or warranty that the Program will meet our Client’s requirements or that all clients will achieve the same or similar results.
  1. No Resale of Services Permitted:

You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.

This agreement is not transferable or assignable without the Company's prior written consent, where such consent may be withheld at the Company's absolute discretion.

  1. Limitation of Liability:
  1. By enrolling in the Program and using our services, Client releases “MarianAaspru.Com”, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.
  2. The Program is an educational/coaching service only.
  3. Client agrees that he/she accepts any and all risks, foreseeable or non-foreseeable, arising from such services.
  4. In any event, if “MarianAaspru.Com” is found to be liable, our liability to Client or to any third party is limited to the lesser of:
  5. The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and$1000.
  6. All claims against “MarianAaspru.Com” must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.
  7. Client agrees that “MarianAaspru.Com” will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential or exemplary damages happening from the use or misuse of our services or enrollment in the Program.

IX. Client agrees that he/she uses Company’s services at Client’s own risk.

  1. Termination of Services:

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. We will be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.

In no event, where the Client is in arrears of payments shall not be permitted to use or receive any of Company’s services or to participate in any Program.

Service Fees, Payment and Refund Policy:

  1. The accuracy of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

  1. Service Fees:

You agree to pay fees to the “MarianAaspru.Com” according to the payment schedule set forth on “MarianAaspru.Com”, or otherwise provided to you and the payment plan selected by you(the “Fee”). We may charge a 10% (ten percent) first-week late fee with 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between us.

  1. Payment:

In general, payment for services will be made on the relevant third party website when applying for those services. All prices for our Services are shown in Euro. Only the PayPal and Credit Card payment methods acceptable to purchase our Services By purchasing a Service through our websites, you represent and warrant that you are authorized to use the PayPal or Credit Card payment method. The payment amount may include taxes and any other amounts described on our website. 

Our prices are subject to change and we will provide you with reasonable notice of any such changes. Any purchases of our Services are non-refundable, except as otherwise may be required by applicable law.

If the PayPal account or credit card account you designated as your payment method cannot be verified or invalid or is not otherwise acceptable, we may suspend or cancel your order automatically.  You are responsible for resolving any problem we encounter when processing your order

  1. Refund Policy:

Upon execution of this Terms of Services, all client agrees to pay to Company the full amount of the Fee.

IF CLIENT CANCELS ATTENDANCE AT OR PARTICIPATION IN, THE PROGRAM FOR ANY REASON WHATSOEVER, CLIENT WILL NOT BE ENTITLED TO RECEIVE A REFUND. IF COMPANY IS UNABLE TO RENDER A PORTION OF THE PROGRAM AS AGREED AND NO SUITABLE RESCHEDULING IS ABLE TO BE ARRANGED, THEN A REFUND OF THAT PORTION ONLY OF THE PROGRAM WILL BE MADE TO CLIENT.

Only certain refund requests for Subscriptions may be considered by “Mariana Aspru” on a case-by-case basis and granted at the sole discretion of “MarianAaspru.Com”

  1. Chargebacks and Payment Security:

To the extent that Client provides us with credit card(s) information for payment on Client’s account, we shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed. If Client uses a multiple-payment plan to make payments to “MarianAaspru.Com”, we shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent.

You acknowledged and agree that you the client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You should not change any of the credit card information provided to us without notifying us in advance.

Confidentiality:

The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. We agree not to disclose, reveal or make use of any Confidential Information of our client, during the discussion with Client, the coaching session with “MarianAaspru.Com”, or otherwise, without the written consent of Client.

We will keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. 

Privacy:

You can view our privacy policy which is linked at the bottom of every page. By using the website or our services, all the policy concerning you or any of our website’s users will be conducted by our “privacy policy” inserted at the bottom of our website.

Disclaimer:

All information including these “Terms of Services” our “Privacy Policy” and other items contained in this website “MarianAaspru.Com”  provided are accurate and subject to change without any notice.

Under no circumstances we will be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of our Website, 

If you obtain this website link “MarianAaspru.Com” or any information contained in this site in any other place or website which nature and availability are not controlled by us, we are not responsible for any type of express or implied, about the accuracy, reliability or availability regarding with us or any other information and image or corresponding graphics on “MarianAaspru.Com” for any purpose. Trusting on such information will be at your own risk. We will not be liable for any harm or damage, including indirect or considerable loss of data or interest arising out of or connecting with the use of “MarianAaspru.Com”. 

We reserve the right to edit, change, modify or update information on our website without any prior notice. We also reserve the right, in our sole discretion, to reject your access to all or any part of the website at any time, for any or no reason, with or without prior notice, and without liability.

Copyright:

All content including but not limited to our copyrighted course materials, logo, image, trademark, service mark, design, icon, graphic, video, contents and all other information used on this website “MarianAaspru.Com” are legally owned by “Mariana Aspru” ( “and protected by German Copyright Act (UrhG), other applicable intellectual property law in Germany and other applicable international copyrights law.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website, only for the personal or non-commercial or education use. You may not republish any of our content on any other place of internet or extranet or incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited. 

You the client  shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from “MarianAaspru.Com”, electronically or otherwise without the prior written consent of the Company and No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.

Any personal or commercial use of any content, image, design, logo, videos, trademark, service mark or any other information inserted in this website is strictly prohibited to any unauthorized use. Any unauthorized use of such content, image, trademark, service mark, logo, icon, graphic, software and all other information appeared on this website “MarianAaspru.Com”, will deem to be the violation of  German Copyright Act (UrhG) or other applicable intellectual property law in Germany or other applicable international law.

Prohibited Activities:

In using our website you must behave in a peaceful, civil, prudent and respectful manner at all times. Moreover, you will not and it is strictly prohibited to:

  • Act like  specious manner by, among other things, impersonating any person;
  • Harass or stem any other member or user of “MarianAaspru.Com” Website;
  • Distribute "spam";
  • "frame" or "mirror" any part of the website;
  • Modify, adapt, sublicense, translate, sell, decompile or otherwise disassemble any portion of the “MarianAaspru.Com”  website or its content or any software used on the website, or motivate others to do so.
  • Use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the “MarianAaspru.Com” Website in connection with your use of our Website in accordance with this “Terms of Services”.
  • Take part in any activity that in any way deemed to be void or illegal under any law.

Limitation of Liability:

The liability of “MarianAaspru.Com” shall be limited to you or any other person for any direct, indirect, or special damages or losses, resulting from the use of our website.

Our liability for breach of these “Terms of Services” shall be limited to you, if such breach is related to the general use of our website and these “Terms of Services”.

In relation to the use of our website:

  1. We reserve the right to restrict or limit its access or visibility or access to any users at any time.
  2. In no occasion is either party at risk or committed to the next gathering including third parties for any loss benefits, opportunity, business, goodwill or reputation, whether in contract, tort, in regardless of the fact that being educated of the likelihood of any such harms ahead of time. 
  3. The liability of “MarianAaspru.Com” shall be limited to you or any other person for any direct, indirect, or special damages or losses, resulting from the use or unable to use the website.
  4. These “Terms of Services” shall be limited to, if any loss or damage arises by the reason of any theft of property belonging to the users or for any loss or damage, in which the Users have any contribution to such loss or damage.
  5. You acknowledge and agree that the “MarianAaspru.Com” is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of any other’s rights, including copyrights. If you are dissatisfied with any of the terms of our “Terms of Services” and “Privacy Policy”, the sole and exclusive remedy available to you is to discontinue using our website.
  6. We reserve the right, in its sole discretion to investigate and take appropriate legal action against anyone who violates our “Terms of Services” and “Privacy Policy”.

Legal Limitations:

As some jurisdictions do not allow some of the exclusions or limitations as established in these “Terms of Services” some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. “MarianAaspru.Com” may plead these “Terms of Services” in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this “Terms of Services”.

Governing Law and Jurisdiction:

These "Terms of Services" will be governed by and shall be interpreted in accordance with relevant German law and other international law without regard to conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods and other international law which and where it applicable and needs to enforce these “Terms of Services” and our “Privacy Policy”. 

If any part of these “Terms of Services” deemed to be unlawful, void, or unenforceable then that part will be deemed to be severable and will not affect the validity and enforceability of the remaining parts.

These “Terms of Services” together with our “Privacy Policy” constitute the entire agreement between you and us relating to your access to and use of the Sites and supersede any prior agreements (including any previous terms of use of the services).

Our failure to enforce any right or provision of these “Terms of Services” will not be considered a waiver of those rights. If any provision of these “Terms of Services” is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

Disputes Management:

If there is any dispute, claim or complain about or involving the use of our Website, it will be managed by our support center first. If matters progress to a legal stage then our attorney will arrange a time to talk to the user. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

To the extent, any complaint, dispute or controversy regarding the use of our website isn’t arbitrable under applicable laws or otherwise, you and “MarianAaspru.Com” both agree that any claim or dispute regarding our website will be resolved exclusively in accordance with these “Terms of Services”.

Indemnification:

All users and clients shall indemnify, defend, and hold harmless “MarianAaspru.Com” and its representatives, partners, employee or successors shareholders, trustees, affiliates, employees, subcontractors and permitted assigns from and against any and all claims, losses, expenses, damages, liabilities and costs, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to, or relating to your use of the “MarianAaspru.Com” website in violation of this “Terms of Services” and/or any other breach of these “Terms of Services” by you and/or any breach of your representations and warranties set forth in these “Terms of Services”.

Also, all user and client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

Termination:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We may terminate or suspend your account or subscription and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of any clause of this  Terms. If you wish to terminate your account, you may simply discontinue using the Service. 

Miscellaneous:

These miscellaneous provisions are part of just about every online “Terms of Services” to ensure its enforceability. You agree that no joint venture, partnership, employment, or agency relationship exists between you and “MarianAaspru.Com” as a result of the “Terms of Services”.  

We have the absolute discretion, to transfer or assign all or any part of our rights under these “Terms of Services” and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these “Terms of Services” in connection with using our website.

Third Party Link:

The site “MarianAaspru.Com” may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, or services on or available from those other websites or resources. 

Linking with that type of websites or resources does not intimate any affiliation with us of such websites or resources or the content, products, or services available from such websites or resources. Your sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Change or Modification:

Time to time, with the needs of any necessary circumstances, these “Terms of Use of Service” s can be edited, modified, or changed without any prior notice. Your regular use of this site will indicate your consent to such changes. 

“MarianAaspru.Com” reserves the right to modify, update and/or revise any and all policies listed on the website. Such modifications and revisions are effective immediately upon publication or posting in the relevant areas of the website. Your continuous using of this site, indicate your acceptance of such modifications and revisions. We may also modify or discontinue our access with or without notice to you and without liability to you or any third party. Please be sure to check our Policies frequently.

Entire Agreement:

The failure of us to exercise or enforce any right or provision of these “Terms of Services” shall not constitute a waiver of such right or provision. These “Terms of Services” and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the “Terms of Services”).

Other Terms:

Upon execution by purchasing, clicking "I agree" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this “Terms of services”

A facsimile, electronic, or e-mailed executed copy or acceptance of these “Terms of Services” upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

Contacting Us: 

We welcome your questions and comments on this policy. If there are any questions regarding this privacy policy, the practices of this site, or your dealings with this site you may contact us using the information below.

Address: Mariana Aspru, 

     Moerser str. 53, 40667 Meerbusch, 

    Germany

Website: https://www.marianaaspru.com” 

Email: mari@marianaaspru.com

Help:

If you have any suggestions or concerns, please email us at any time. We will respond promptly. 

FYI: Please note that the content of this page can change without prior notice. This Privacy Policy was last updated on Jun 2018