PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BECAUSE THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SISTABLE REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.
Welcome to SISTABLE website and services. The Site is an Internet-based venue where Clients and Coaches use our platform for online coaching.
By using the Sistable Website www.Sistable.com or Services in any manner, you agree to be bound by these Terms of Service (collectively, the “Terms”). These Terms form a legal agreement between you (referred to herein as “you” or “Client”), as the user, and Sistable (“we”, “us”, “Sistable”), on the other side.
If you do not agree to the Terms, then do not use the Website or Services
These Terms govern your use of the Website and the Services.
3. Site Disclaimer
Sistable is not a party to the coaching relationship between Client and Coach. Sistable selects qualified Coaches, introduces Clients to Coaches and makes the Site Services available to enable online payment and delivery of Coaching Services. Sistable does not direct, has no control over, makes no representations, and does not guarantee the quality of Coaching Services or the ability of Coaches to deliver Coaching Services satisfactory to Clients.
Sistable offers coaching services only, and does not offer mental health psychotherapy or any other type of state-regulated mental health services. Although a Coach may be licensed to practice mental health counseling or psychology, she is not doing so through Sistable.
4. Our Services
Sistable is a website where online life coaching services are delivered. It is a platform that connects Coaches and Clients to exchange the services. The Clients hire the Coaches via a calendar application called Acuity and once the payment is done (Using Stripe as a payment getaway) the services are delivered via Zoom.
5. Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the website. These products or services may be terminated at any time. We have made every effort to display as accurately as possible our products and services that appear on the website.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the availability of our products or services. All descriptions of products or subscription pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6. Account Registration.
In order to use the Services, you must create an account (“Account”) by registering with Sistable. By creating your Account, you give us some of your privacy data, such as:
Name in full
You agree to provide us true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Sistable with a user name and password for your Account (together “Account Credentials”). Sistable reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
7. Account Security.
You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party.
8. Minimum Age.
The Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services
Unless otherwise agreed by Sistable in writing (including any applicable Order Form), the price for the services shall be the price set out in Sistable. The price for the products shall be exclusive made in (€) Euro.
10. Vat or Tax
Sistable may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of Sistable products or at the time you use the Sistable website
11. Payment with Cards.
If you purchase one of our services (“Services”), you agree to pay Us all such fees when due. These fees may include subscription fees, transaction fees and tax, the prices and terms of which are listed on Our website.
12. User Restrictions.
This is an agreement for Services, and you are not granted a license to any software by these
13. Rules of Conduct
Sistable has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief.
As between the parties, the Website and Services, including, without limitation, any and all materials, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all software Rights associated with any of these materials (collectively, ” Sistable “) are owned by Sistable and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Sistable other than the right to use the Services, in compliance with the Terms, during the applicable subscription period
Sistable has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any Material for any reason;
Refuse, move, edit or remove any Content that is available on the Services;
Deactivate or delete your account(s) and all related information and files in your account(s);
Disclose your identity or other information about you to any third party who claims that Material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
Disclose your identity or other information about you to law enforcement officials upon request if Sistable determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
Establish general practices and limits concerning use of our sites and Services.
You agree that Sistable will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
15. Additional Policies
We support the protection of intellectual property and ask our customers to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our customers is infringing their intellectual property rights, they can send a DMCA Notice to Our designated agent for copyright complaints. Please see our copyrights compliants Policy for further information.
16. Acceptable Use and Conducts
You agree not to use our Services in ways that:
Violate, misappropriate, or infringe the rights of sistable, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal or encourage conduct that would be illegal, or otherwise inappropriate;
Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third-party (including another user) to protect our Services or content;
Disguise your location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing
17. Our GDPR Data Protection
We collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Sistable Website between the user and Sistable site. If Sistable Website is involved in the communication for a Sistable Services agreement between the user and Sistable, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the website contact us page.
18. Copyrights Complaints
Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Sistable has adopted a policy of terminating, in appropriate circumstances, and in SISTABLE’ sole discretion, users who are repeat infringers. Sistable may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
19. Electronic Communications
For contractual purposes, you (1) consent to receive communications from Sistable in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sistable provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
20. EU Data Protection
By using Sistable, you agree to the collection, transfer, storage, and use of your personal information by Sistable on servers located in Estonia as further described in our Privacy Notice. You and Sistable shall process personal data received under and in connection with this User Agreement, each as a separate and independent controller. In no event will Sistable and you process personal data under or in connection with this User Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Sistable exclusively for the purpose(s) you collected the personal data under or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the particular purpose(s). Any further processing of the personal data Wnot permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.
21. Termination of Service
22. Links to Thirds Party Websites
We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
23. Limitations of Liability.
SISTABLE AND ITS SUPPLIERS AND AFFILIATES ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR OR YOUR USER’S USE OF THE WEBSITE, SOFTWARE, OR SERVICES AND WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SISTABLE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SISTABLE AND ITS SUPPLIERS AND AFFILIATES WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY SISTABLE FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE
YOUR USE OF THE WEBSITE, SOFTWARE, AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SISTABLE AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SISTABLE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE, SERVICES, OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, SERVICES, OR SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND SISTABLE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH
25. CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), SISTABLE follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information.
26. E-mail Opt-Out
You may opt-out of receiving e-mails any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You may also opt-out of receiving certain e-mails by managing your electronic communication preferences through your personal mail account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, Sistable products or services, and/or your ability to receive certain messages and/or notifications from Sistable
27. No Refund Policy
All purchases are final on the Sistable website. Subscription fees, including but not limited to those related to the Service fees, are nonrefundable and will not be prorated at any time.
If you dispute any payment you have made to us for our services (by, for example, initiating a chargeback), we hereby reserve the irrevocable right to:
Temporarily suspend or permanently terminate your Account with us; and/or
Rescind any or all metrics you purchased from us.
If we decide to cancel an order, your payment method will not be refunded. Rather, your account with us will receive “refund credit.” It is your responsibility to confirm the accuracy of all orders you place with us. If you engage in any fraudulent activity through or in relation to the Website or our services (e.g. by purchasing a service using a stolen credit card’s information), we will immediately terminate your account with us; no exceptions
28. Jurisdiction and Gorverning Law
This Agreement shall be governed and construed in all respects by the Supreme Court of Estonia. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Sistable both agree to submit to the non-exclusive jurisdiction of the laws of Estonia; for claims falling within the jurisdiction of an Estonia Court, you and SISTABLE both agree to submit to the jurisdiction of the Supreme Court of Estonia.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.
29. Copyright or Trademark License
Copyright (c) 2020(s) Sistable website. Subject to the express provisions of these terms and conditions:
All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have any questions about these Terms & conditions, please contact us at E-mail: hello@Sistable.com.