Terms of Services and Conditions

 

This document sets out your rights and responsibilities for accessing or using the Karolina Blaszkiewicz website at www.karolinablaszkiewicz.com, www.karolinab.com, and other associated sites linked hereto and operated or controlled by Elative Solutions OÜ including but not limited to www.elative.io unless expressly excluded or where a separate policy is provided (collectively, “the Sites”).

 

Elative Solutions OÜ, (“we”, “us”, “our”). 

 

Your use of our website; our supply of products and services; and our dealings with you in general.

By entering, accessing or using our website in any way, you agree to comply with all of our Terms and Conditions. In addition, when you book or order any services and products from us, you will do so subject to the Terms and Conditions on this page. By proceeding with a booking, you acknowledge that you have read and understood all of these Terms and Conditions and agree to be bound by them. These Terms and Conditions may vary from time to time. You accept that you are bound by the terms and conditions current at the time when you book.

 

Please read these terms carefully because all uses of the Sites are subject to these terms of service (“Terms” or “TOS”). By using the Sites, you are acknowledging that you have read this and agree to it.

 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. There are no exceptions.

 

You must also be at least eighteen years old to use the Sites without adult supervision. If you are under 18 years of age, you may not use the Sites or purchase any product or service from us without the supervision of your parent or guardian.

 

Copying, Downloading, & Sharing
You understand and agree that the Content on the Sites is subject to copyright laws in the Estonia and internationally. You may only copy or download content or information on the Sites that is expressly provided for that purpose. You understand and agree that we, in our sole discretion can decide which content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to our content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites and/or to the products or services.

 

If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.

 

Unauthorized use of the Sites or the content is strictly prohibited.

 

While there are many permitted uses of the Elative Solutions, Karolina B and  Karolina Blaszkiewicz Sites as detailed above, not all uses are permitted.

 

Except as expressly provided, no commercial uses are allowed of the Site(s) or any of the Content without written permission. The foregoing in no way limits the use of the Karolina Blaszkiewicz by registered Users or licensees whose use is controlled by their respective End User License Agreement. Any use of the Sites that could in any way damage or impair the functionality for other users to any extent is prohibited.

 

You agree to respect our intellectual property rights and understand that you may not download or copy ANY of our Content in ANY area of the Site, except where permission to do so expressly provided, or unless such information is provided on specific parts or portions of the Sites, such as a “Downloads” or “Free Resources” section.

 

You may not download or copy our information yourself and you may not employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, or copy the Sites or any portion thereof, or any Content. You may not reproduce the Sites or portions thereof in any way, nor ‘mirror’ the sites at a separate location or server. You may not obtain or attempt to obtain any Content through any means not purposely made available through the normal use of the Sites (e.g. using a standard web browser).

 

You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any membership, product, or service feature of the Sites, or that is marketed through the Sites.

 

You also agree not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. You agree not to claim or suggest ownership or control of the Sites, nor to imply or suggest any non-existent affiliation with the Sites. You agree not to use comment or feedback threads to post support issues, complaints, or issues related to sales, or problems with access to memberships, products, or services including Elative Solutions, Karolina B and Karolina Blaszkiewicz, or others. You also agree not to use such opportunities for posting comment spam, links to other memberships, products, or services, or attacking other users. You understand and agree that any such prohibited uses may result in the loss of access to the Sites, memberships, products, or services without warning or refund.

 

You also may not attempt to gain unauthorized access of any kind to the Sites, or to any membership, product, or service offered through the Sites via any means including hacking, password guessing, backdoors, code injection, or any other means. You also agree that you will not engage in any activities using the Sites that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws pertaining to defamation or libel, or the like.

 

Intellectual Property

All Content (including e.g. text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Sites, or in the membership, products, or services offered through the Sites is owned or controlled by, or under license to Elative Solutions OÜ, and is protected by Estonian and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.

 

You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Content provided on the Sites or memberships, products, or services offered through the Sites, nor with respect to anything that you may post or upload to the Sites (if any uploading is permitted) or via any software or service. Any effort to remove, replace, or obscure such marks is a violation of our Terms of Service.

 

The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends. Third party content, if any, provided by users may be copyrighted by such third parties and its use on the Sites is with permission, or solely for discussion, commentary, and/or educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

 

Trademarks

Elative Solutions, Karolina B, Karolina Blaszkiewicz, and other trademarks and service marks referenced herein are trademarks and/or service marks of Elative Solutions OÜ.

 

Elative Solutions OÜ’s marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark(s) without permission from Elative Solutions OÜ.  Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners. Permission for the use of any third-party mark should be obtained from the owner.

 

For purposes herein, discussion or commentary that may involve federally registered trademark names, or names protected under the common law is believed to be nominative use that is permissible and not subject to restriction.

 

Refund/Cancellation policy

All fees and products and services purchased are non-refundable. If a payment plan has been agreed, you will be held accountable in completing the agreed payments at the agreed times.

If you purchase a coaching package and find that you are unable to use your sessions for any reason, you may put your remaining sessions on hold for 1 month. Should you decide to cancel the process without completing your coaching sessions and after your 1 month hold period is up, you will lose those sessions and will still be liable for any outstanding balance payments.

 

Fees

Current fees for services and programs are usually displayed on each individual program page and, unless otherwise stated, do not include VAT.

Estonian VAT is due on any invoices unless as per the exemptions described below.

Estonian VAT is charged at 20% for any Estoninan customers.

Estonian VAT is charged at 20% to any customers based in an EU country unless they can provide a valid VAT number issued in their country. If you have a VAT number issued within the EU please send this to us for confirmation so that we can verify the details.

Any non-EU customers do not need to pay Estonian VAT, eg: United States, Canada, India, Australia, New Zealand etc. If you are not eligible to pay Estonian VAT please do not make payment and instead email [email protected] so that we can send you a payment link and invoice with the VAT removed once we have verified your details. Any subsequent invoices will not contain VAT.

 

Please note that VAT can not be refunded if it has been paid previously and you should claim it back through your local VAT office.

We reserve the right to change the fees/packages offered but will always honour the agreed amount for the agreed time period of any services that were set at the beginning of our work together. However, should you wish to continue to work with us after the completion of your initial package, there will be no guarantee that the rates will be the same.

 

Affiliate Offerings
In some cases Elative Solutions OÜ or its owners may have an affiliate relationship with a third party site or service provider mentioned on the Sites, and may be compensated (e.g. receive a valuable benefit, or even a commission) if you visit and/or purchase a product or service from the affiliated site. We will generally endeavor to identify any such relationships so that you understand that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or site. However, you should assume that we do have such a relationship – and that we will be compensated if you purchase a product or service. Where we have an affiliate relationship with such third party sites, our receipt of compensation does not increase your cost to purchase the product or service, and if you purchase through an affiliate link, you will generally receive valuable bonuses that you will not otherwise be entitled to receive. Moreover, while many people would like us to endorse or recommend their products, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you, regardless of potential compensation. However, if the possibility of us receiving compensation is not agreeable to you, please do not buy through any link on the Sites. Our products and services, including those that are available through the Sites may also be offered by or through third party affiliates who are compensated by us, for example if you purchase a product or service from us. While we are responsible for claims we have made regarding our products or services, we cannot be held responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of various bonuses or additional products or services.

 

If those bonuses, products, or services are a part of our offer, we are responsible for delivering or providing them and will do so. If the third party affiliate has offered additional bonuses, products, or services that are not a part of our offer, you should contact them regarding delivery, or support issues for those bonuses, products, or services.

 

We endeavor to be selective in the people or companies we allow to promote our products or services. If you believe that you have been promised bonuses, products, or services from a third party claiming to be our affiliate who does not follow through or deliver the promised bonuses, products, or services, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.

 

Delivery Policy

As the majority of our products are available online you will be sent access/login details within 24 hours from receipt of your paid order.

Physical product purchases will be delivered generally between 7am and 6pm Monday to Friday (excluding bank holidays) via a third party delivery service such as Royal Mail, UPS or FedEX. Deliveries will be made within 1 to 10 working days from receipt of your paid order.

Online coaching and other services will be provided as agreed with you at the time of order or by proposal.

 

Coaching Confidentiality

You recognise that in our work together, you may divulge goals, future plans, business affairs, job information, personal and other such private information. We will not, at any time, either directly or indirectly, voluntarily use any such information for our own benefit or disclose this information to a third party. We will not voluntarily disclose that you are in a coaching relationship without your permission.

 

Privacy Policy

We are mindful of the importance of upholding the security of information under our control. All data collected through the elative.io website (the “Site”) is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1988 (the “Act”). The following Privacy Policy sets out the basis on which personal information collected during your use of the Site will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

We endeavour to take all reasonable steps to protect the privacy of your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing the information over the Internet, and will not hold us responsible for any breach of security unless this is due to our negligence or willful default. Your use of the Site signifies that you have given us your consent to transfer, store and process your personal data and your agreement to the terms of this Privacy Policy.

 

Information You Provide To Us Must Be Truthful

When enrolling in, subscribing to, or purchasing any service, option, or product through the Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission. You understand that we can and generally will bar your access to and use of the Sites if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have proper authority to commit that company in such a transaction. If you are using a pseudonym, nickname, assumed name or the like (where permitted), you agree that you will nonetheless provide accurate information to our processing company where required (e.g. your real name in connection with a credit card account) so that you can be billed for one-time or recurring fees.

 

Information we may collect about you

We may collect and process personal information when you fill in a form on the Site, when you contact us or when you provide us with information during email and telephone consultations. This includes without limitation information provided at the time of registering to the Site, submitting your data to us and if you report a problem with the Site. We may also collect information regarding details of visits to our Site and the resources that you access. Any personal information we collect will be used by us strictly in accordance with current data protection legislation and this Privacy Policy. We will store the information we collect from you and hold it electronically or otherwise.

We do not store credit card details nor do we share customer details with any 3rd parties.

 

Cookies

A cookie is a small text file that is sent to your computer via your web browser when you visit some websites. We use cookies to keep track of your information during the time you view our Site. Cookies also allow us to understand who has seen which pages, helping us improve the Site and provide you with a better service.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the placement of cookies. Refusing cookies may mean that you will be unable to access certain parts of our Site.

 

Use of your personal information

We may use your personal information to provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; for the purpose of informing you of changes in features to the Site; administration of the Site; and our own promotional activities. We may contact you by post, telephone, email or other electronic messages (depending on the information we collect from you).

As previously mentioned, we do not disclose information about identifiable individuals to third parties or advertisers, but we may provide them with aggregate information about our users for marketing, promotional and other purposes. We may also use aggregate information to help advertisers reach the kind of audience they want to target.

 

Where we store your personal data

The data that we collect from you may be transferred to and stored at, a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

 

Your rights

You have the right to ask us not to process your personal data. You can exercise your right to prevent such processing by contacting us by email on [email protected]

You also have the right to see the personal data (as defined in the Act) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee of $20. If you are concerned that any of the information we hold on you is incorrect or if you wish to object to the use we have made of your personal data, please contact us by email on [email protected]

 

Other websites

Please note that this Privacy Policy only covers the Site. Any other website which is linked to or from this Site will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

Service and/or Product Descriptions

Elative Solutions OÜ attempts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any product or service sold by third parties using Elative Solutions or Karolina Blaszkiewicz, nor the accuracy of the description of any third party product or service purchased via Karolina B. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.

 

Account sharing, transferring or sub-leasing

Elative Solutions OÜ does not support account or membership ownership sharing, selling or transferring. Furthermore, no account or membership may be sublet or used on behalf of any business other than the account or membership owner's. Elative Solutions OÜ does not allow agencies hosting content or rendering services through their accounts or memberships.

 

Elative Solutions OÜ shall not be held responsible or accountable for any ownership conflict between two (or more) partners, associates, staff members, customers or managers claiming ownership or control over a Elative Solutions or Karolina Blaszkiewicz account or memberships. Elative Solutions OÜ will always regard the person originally registering the account or membership as the sole and rightful owner (and manager) of the account.

 

Additional Terms

This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.

  1. No Warranties are Made

We make no warranties, expressed or implied, regarding the Content on the Sites. No warranties or guarantees are made as to the accuracy, factual basis, timeliness, applicability, or suitability of any information on the Sites for any purpose, including your particular needs. While we have many years of high-level marketing, business coaching/mentoring, personal development and personal coaching/mentoring experience that we share, nothing written, discussed, presented, or communicated in any way or form on the Sites is intended as professional advice of any other type and should not be considered or used as such. Consult your attorney, CPA, or other professional for help should you require it. Your use of the Sites is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on the Content provided here.

 

The Sites, and the Content, including any information, data, case studies, and personal experiences shared are all provided on an "AS IS," and "AS AVAILABLE" basis.

 

The Sites, memberships, products, or services may not always be available to you when you would like access for reasons beyond our control. And from time to time we may suspend and/or deny access to the Sites for updates, maintenance (scheduled or unscheduled), enhancements, upgrades, improvements, or corrections, or to maintain or improve security.

 

In addition, some information and offers provided on the Sites are time-limited and will be removed at our discretion. We also believe some Content has a limited useful life and we reserve the right to take down, remove, or archive Content at our discretion.

 

We also do not make any guarantees that the Sites will be updated, changed, or amended on a particular schedule or with regularity. Despite our desire and sincere efforts to keep the Sites and Content up to date and free of errors, the Content may contain typographical or factual errors or inaccuracies, or become outdated.

 

While the vast majority of our customers are delighted with their purchases, if for some reason you are unhappy with any membership, product, or service offered through the Sites, your sole recourse is the stated guarantee for that membership, product, or service. For example, you can receive a refund within the refund period where a money-back guarantee is made. Where a satisfaction guarantee, or other written guarantee is expressly offered in connection with a particular product or service, you can hold us to whatever other promises we made in our written guarantee. If there are any stated conditions in the guarantee, you may need to document that you have satisfied the conditions. There are NO other warranties or guarantees made related to the use of the Sites or the Content, or for any products or services offered through the Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

While we attempt to be as accurate as possible in the descriptions on the Sites including descriptions of membership, products, services, options, and bonuses offered or available on the Sites, we cannot and do not guarantee that every product or service description on the Sites is 100% accurate, complete, reliable, and/or error-free.

  1. Elative Solutions OÜ’s Liability is Strictly Limited

You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Sites, or (any membership, products, or services offered through the Sites) whether it results from an act or an omission by us or any other party, including another user.

You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

 

In all cases, our total liability shall be limited to liquidated damages of no more than (i) the amount you spent on any product or service offered through the Sites in the last calendar year, or (ii) $10.00, whichever is greater. Moreover, you agree that all claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

  1. Accountability.

You agree to be held accountable for your behavior on the Site.

You agree to only post information or comments on the Sites that you own or have proper rights to publish or post. You may not publish or post and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Sites, or through the use of the products or services offered through the Sites. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish or post that image or information on the Sites and will indemnify us for any harm caused to us by your actions. You agree not to promote any goods or services that infringe another person’s trademarks using the Sites or via the memberships, products, or services offered through the Sites.

 

To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless Elative Solutions OÜ and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Sites, the products or services, your violation of our Terms of Service, and/or your violation of any rights of a third party.

  1. No Conflict of Interests

If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Site(s) for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.

  1. Jurisdiction and Binding Arbitration

These Terms, as well as the Privacy Policy for the Sites shall be governed by and construed in accordance with the laws of the Estonia, EU., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of Estonia, EU. for any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or the Sites. These Terms and the Privacy Policy constitute written agreements between you and Elative Solutions OÜ with respect to the Sites, your access, and your conduct. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form. Any disputes arising under these Terms, Elative Solutions OÜ’s Privacy Policy, or from your use of the Site(s) shall be resolved solely by confidential binding arbitration conducted in accordance with the European Arbitration Association commercial arbitration rules. All arbitration shall be held in Estonia, EU, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by Elative Solutions OÜ. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected. The provisions of this section survive any termination of the Terms.

 

INTERNATIONAL USE
The Karolina Blaszkiewicz Sites are controlled and operated by Elative Solutions OÜ from its headquarters in the Tallinn in Estonia. Because the Sites are hosted on the worldwide web, access may be available in other countries. We are happy to make the Content, products, and/or services available to people in any country where legal to do so. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, we make no representation that materials on the Sites are appropriate or legal for use in any locations outside the Estonia. The laws regarding use of webinars, and the dissemination of privately produced video via the Internet may vary in different countries. If you have access to the Sites from a location outside the Estonia, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us, as we do not fancy prisons, foreign or domestic. If you choose to access the Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

 

Changes to our Terms and Conditions and/or Privacy Policy

We may modify our Terms and Condition and/or our Privacy Policy from time to time at our sole discretion. If so, we will post revised versions on this webpage. We urge you to check this page regularly to obtain the most up to date copy. Modifications will be effective when they are posted on the Site.

 

Your continued access or use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.

 

Please enjoy the Sites!

 

Contact Us

If you have any comments or queries in connection with our Terms and Conditions and/or Privacy Policy, please email us at [email protected]

You can find out Privacy Policy here


© Copyright 2020 I  Elative Solutions OÜ  I  Ahtri tn 12, Kesklinna linnaosa, Harju maakond, 10151 Tallinn, Estonia, EU