Terms And Conditions

This agreement applies as between you, the User of this website and Jakub Cieslak, Schwalbenweg, 40468 Düsseldorf, Germany ("Jakub Cieslak", "we", "us", "our"), the operator of jakubcieslak.com (this "Website") governing the use of our Quantum Healing Hypnosis Technique℠ (QHHT®) services whether booked through the website or another method and delivered at your home or other mutually agreed address (hereinafter the "Services").

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. INTELLECTUAL PROPERTY
   
   
   1. All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Jakub Cieslak, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable national and International intellectual property and other relevant laws.
   
   
   2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Jakub Cieslak.


2. GENERAL CONDITIONS
   
   
   1. We reserve the right to refuse service to anyone for any reason at any time.
   
   
   2. Prices for our Services are subject to change without notice.
   
   
   3. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time.
   
   
   4. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
   
   
   5. We reserve the right, but are not obligated, to limit the sales of our Services to any person. We may exercise this right on a case-by-case basis.
   
   
   6. We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
   
   


3. BOOKING ENQUIRY
   
   
   1. You can make Booking enquiries via telephone, email, online form or other means.
   
   
   2. We will provide an offer based on the information requested on the website or provided by you.
   
   
   3. Please note that inaccurate or insufficient information provided by you may delay the preparation of or can lead to the rejection of an offer.
   
   
   4. You agree to provide current, complete and accurate information for all booking Enquiries made with us.
   
   
   5. You agree to promptly update your information, including your email address so that we can provide an offer and contact you as needed.
   
   
4. BOOKING REQUEST
   
   
   1. You may send us a Booking Request following a Booking Enquiry or by using the Booking System on our website.
   
   
   2. Please note that inaccurate or insufficient information provided by you may delay the preparation of or can lead to the rejection of a Booking Request.
   
   
   3. You agree to provide current, complete and accurate information for all Booking Requests made with us.
   
   
   4. You agree to promptly update your information, including your email address so that we can provide an offer and contact you as needed.
   
   
5. BOOKINGS ON THE WEBSITE
   
   
   1. To complete a booking, you first have to complete a booking using our booking tool. Then, this booking has to be accepted by us.
   
   
   2. To make a booking you must be 18 years of age or over and you will have to select the Services on the website, select your preferred date and time and, if you like, other optional services, and finally click on the "CONFIRM" button.
   
   
   3. When you make a booking through the website you will receive an automated email confirming receipt of your booking request. The Booking Receipt email contains full details of your booking. Please note the Booking Receipt email is NOT already an acceptance of your booking.
   
   
   4. When your Booking is accepted by us, we send you an email confirming your booking ("Booking Confirmation email").
   
   
   5. Once you receive the Booking Confirmation email, your booking has been finally accepted by us and the Service Contract between you and us is concluded in relation to the Services actually provided. Such a contract is composed by: your booking request; our Booking Receipt and Booking Confirmation emails; the then current Terms shall apply.
   
   
6. CANCELLATION
   
   
   1. We will attempt to accommodate requests to reschedule the date of booking, but cannot guarantee that such requests will be honoured, and acceptance of such requests is at our sole discretion. Any out-of-pocket costs associated with cancellation shall be your responsibility.
   
   
   2. If a booking is to be rescheduled a) due to a Force Majeure Event; or b) our unavailability; then we agree to reschedule a booking at the earliest possible mutually convenient date and time.
   
   
   3. Notwithstanding the foregoing, we have sole discretion to determine whether to reschedule a booking or to refund you.
   
   
   4. If a rescheduling or cancellation request is received up to 14 days prior to a booking, we will refund the total value of the booking.
   
   
   5. If a rescheduling or cancellation request is received less than 7 days prior to a booking, we will charge at its sole discretion a cancellation fee of at least 30% and up to the value of the booking.
   
   
   6. If a rescheduling or cancellation request is received less than 3 days prior to a booking, we will charge at its sole discretion a cancellation fee of at least 80% and up to the value of the booking.
   
   
7. WHEN BOOKINGS ARE NOT ACCEPTED
   
   
   1. While we do our best to always accept bookings, we could however refuse bookings in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; we discover that there was an error on our Site relating to the Services you booked, for example as regards the price or description displayed; the Services you ordered are unfortunately no longer available; we have reasonable grounds to believe that you intend to resell the Services.
   
   
   2. If we cannot accept your booking, we will contact you by email as soon as possible but in any case, no later than 7 days from the date of your booking. If we cannot accept your booking because the Services are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such booking.
   
   
8. CHARGEBACKS OR PAYPAL DISPUTE CLAIMS
   
   You agree to contact us prior to raising a request for a chargeback or any dispute with your bank, PayPal or card issuer in relation to any Transaction. If you make a card payment through our booking tool, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.


9. ACCURACY OF BILLING INFORMATION
   
   You agree to provide current, complete and accurate purchase information for all bookings made with us. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


10. ERRORS, INACCURACIES AND OMISSIONS
    
    
    1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).
    
    
    2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
    
    
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    
    
    1. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
    
    
    2. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
    
    
    3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.
    
    
    4. You expressly agree that your use of, or inability to use the Service is at your sole risk. The service and all and Services delivered to you is 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.
    
    
    5. In no case shall Jakub Cieslak, our 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, strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, 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 product, or otherwise made available via the service, even if advised of their possibility.
    
    
    6. Nothing in these terms and conditions excludes or restricts Jakub Cieslak's liability for death or personal injury resulting from any negligence or fraud on the part of Jakub Cieslak.
    
    
12. TERMINATION
    
    
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    
    
    2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
    
    
    3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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).
    
    
13. DISCLAIMERS
    
    
    1. Jakub Cieslak makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    
    
    2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    
    
14. QUANTUM HEALING HYPNOSIS℠ (QHHT®) DISCLAIMER
    
    
    1. Despite the numerous benefits of Quantum Healing Hypnosis℠ (QHHT®), QHHT® is not a substitute for medical attention, either physical or mental in nature. Information and services found on this website are not intended to diagnose, treat or cure any diseases or illnesses. If you are diagnosed with a physical or mental illness or disease, consult with a qualified licensed physician or mental health therapist.
    
    
    2. There is in no way any guarantees on success rates, outcomes or results. Individual results vary.
    
    
    3. All Services and instructions rendered by Jakub Cieslak are intended to be educational in nature, providing information, instruction, support and encouragement. Again, instructions and information given by Jakub Cieslak is not a substitute for medical attention, either physical or mental in nature. Jakub Cieslak is not a licensed physicians or licensed mental health therapist.
    
    
    4. Services rendered are held out to the public as non-therapeutic hypnotism, defined as the use of hypnosis to instill positive thinking and the capacity for self-hypnosis.
    
    
    5. Jakub Cieslak does not represent its services as any form of medical, behavioral or mental health care. By law, no claims of health benefits are made for said services.
    
    
15. AVAILABILITY OF THE WEBSITE
    
    
    1. The Service is provided 'as is' and on an 'as available' basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    
    
    2. Jakub Cieslak accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    
    
16. LIMITATION OF LIABILITY
    
    
    1. To the maximum extent permitted by law, Jakub Cieslak accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    
    
    2. Nothing in these terms and conditions excludes or restricts Jakub Cieslak's liability for death or personal injury resulting from any negligence or fraud on the part of Jakub Cieslak.
    
    
17. NO WAIVER
    
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.


18. SEVERANCE
    
    In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.


19. LAW AND JURISDICTION
    
    These terms and conditions and the relationship between you and Jakub Cieslak shall be governed by and construed in accordance with the Law of Germany and Jakub Cieslak and you agree to submit to the exclusive jurisdiction of the Courts of North Rhine-Westphalia.