Terms and Conditions

Privacy Policy & Disclaimer

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

POWER NOW BOOK: NO REFUNDS, RETURNS OR EXCHANGES ON THIS OFFER. LIMITED COPIES AVAILABLE ON A FIRST COME, FIRST SERVE BASIS. PRICE, TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. KIRSTEN BLOOMQUIST IS NOT RESPONSIBLE FOR THE BOOK ARRIVING DAMAGED OR GETTING LOST IN THE MAIL.

FREE COACHING SESSIONS: LIMIT OF ONE CALL PER PERSON. NEW AND RETURNING CLIENTS MAY APPLY. KIRSTEN BLOOMQUIST RESERVES THE RIGHT TO DECLINE, CANCEL, RESCHEDULE OR CHANGE THE SESSION FOR ANY GIVEN REASON. LIMITED SESSIONS AVAILABLE FOR A LIMITED TIME. TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

How We Protect Your Privacy

This website privacy policy tells you how we collect, use, and protect your personal information. By visiting our website (https://feelingpowerful.com), you accept and agree to the terms and conditions of this website privacy policy. In particular, you consent to our collection and pertinent use of your personal information as described in this website privacy policy.

Minors

If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

What Personal Data We Collect And Why We Collect It

  •  When you opt-in to any of our free offers, your email address and name will be collected. When you purchase products and services, we may collect a variety of information, including your name, mailing address, phone number and email address. Credit card information will only be collected for customers who sign up for payment plans. We may collect these details for the purposes of customer support, and providing you with similar offers, information and products which we believe you would find beneficial that may arise in the future.

  •  For Paid Clients and Members: We may collect your login credentials, which may include your name or email address. We also collect any other information you provide to us, such as contact or employment information, or surveys you fill out. We use this information to communicate with you, including by email, about our Services and to respond to your questions, to offer you additional support, services, or to provide you with additional content or information that might be relevant or interesting to you.

  •  We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where our platform is accessed so that we can better understand customer behavior and improve our products, services, and advertising.

  •  We may collect and store details of how you use our services. This information may be used to improve our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address. We use the information derived from users’ access to and use of our Site and our Services, both on an individual and aggregated basis, and to respond to user desires and preferences.

  •  We may automatically collect the following information about your use of our Site through cookies and other technologies: domain name; browser type; browser language; device ID; operating system type; device name and model; pages or screens viewed; links clicked; IP address; when and the length of time you visit our Site or use our Services; and the referring URL, or the webpage that led you to our Site.

  •  If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

  • You may unsubscribe from email newsletters at any time, although, if you have purchased a product, you will not receive email updates about it in the future.

  • You may contact us personally using the contact form and request that all of your information is permanently deleted.

 

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations 
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Major Credit/Debit Cards, Interac e-transfers, BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

In in the instance of requesting a refund, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. There are absolutely NO returns, refunds or exchanges for any and all digital files, memberships, services and courses. For coaching and hypnotherapy services, there is a 7 day refund policy as long as the program or services have not yet begun and at the discretion of Kirsten Bloomquist.

If clients show up more than 15 minutes late for an appointment or do not show up at all, the session is forfeited at full cost to the client.

 

Disputes or Claims

Any and all dispute and claims for this website or author of this website, Kirsten Bloomquist, including but not limited to services and products discussed on this site shall be made and dealt with according to the provincial laws in the Province of B.C, Canada, within the site owner's residential city or city of choice and resolved with an arbitrator.

Availability 
You are solely responsible for evaluating whether the fitness for a particular purpose of any downloads, programs and text available through this site is appropriate to you and your needs. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. There is also a Facebook TM tracking pixel on some pages of this site. Facebook TM has absolutely nothing to do with this website in any way, shape or manner.

 

Links to this website 
You may not create a link to any of the membership pages of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website 
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. 

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website. 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

 

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

GDPR- EU- By Signing Up for Anything On this Website You are Agreeing to these Terms and Conditions:

I have read and accept any EULA, Terms and Conditions, Acceptable Use Policy, and/or Data Processing Addendum which has been provided to me in connection with the software, products and/or services.

I have been fully informed and consent to the collection and use of my personal data for any purpose in connection with the software, products and/or services.

I understand that certain data, including personal data, must be collected or processed in order for you to provide any products or services I have requested or contracted for. I understand that in some cases it may be required to use cookies or similar tracking to provide those products or services..

I understand that I have the right to request access annually to any personal data you have obtained or collected regarding me. You have agreed to provide me with a record of my personal data in a readable format.

I also understand that I can revoke my consent and that I have the right to be forgotten. If I revoke my consent you will stop collecting or processing my personal data. I understand that if I revoke my consent, you may be unable to provide contracted products or services to me, and I can not hold you responsible for that.

Likewise, if I properly request to be forgotten, you will delete the data you have for me, or make it inaccessible. I also understand that if there is a dispute regarding my personal data, I can contact someone who is responsible for handling data-related concerns. If we are unable to resolve any issue, you will provide an independent service to arbitrate a resolution. If I have any questions regarding my rights or privacy, I can contact the email address provided.

 

 

© Copyright by Kirsten Bloomquist. All Rights Reserved.