For any user or customer support, please contact Sean Budden (sean.innerark@gmail.com).

 

Effective date of Terms: 07 Apr 2022

 

1.0  Website owner, the offering, and binding of terms

 

1.1  This website is owned and operated by Sean Budden. The name Inner Ark refers to the company providing services and Sean Budden, the owner. These Terms set forth the terms and conditions under which you may use this website and services as offered by Inner Ark. This website offers visitors information on health coaching in general and purchase of coaching services offered by Inner Ark. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

2.0  Who can use this website and services

 

2.1  There are no age restrictions on viewing this website, however in order to receive Inner Ark services, you must be:

• at least 18 years of age,

• or provide direct approval from legal parent/guardian, and be accompanied during sessions if requested by Inner Ark.

• or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

3.0  Key commercial terms

 

3.1  When buying an item or service, you agree that: (i) you are responsible for reading the full item/service listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

3.2  The prices Inner Ark charges for items/services are listed on the website. Inner Ark reserves the right to change prices for items/services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

3.3  The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

 

4.0  Refund and cancellation policy

 

4.1  Inner Ark strives to make all reasonable adjustments to alter scheduled sessions to a more suitable time, unless resulting in a financial loss to Inner Ark or disruption of services to other customers. If reschedule is not possible, you are entitled to a full refund on any service or session packs if cancelled more than 24 hours prior to the first session.

 

4.2  Once your package of purchased sessions begins you are entitled to a 50% refund on any unused sessions or services, except by exceptional circumstance, as judged by Sean Budden.

 

4.3  Rescheduling a session is free of charge if done more than 24 hours in advance. Any changes within 24 hours are subject to a 50% rescheduling fee.

 

4.4  Refunds will be conducted via the same means as the original payment, except by mutual agreement between Inner Ark and client.

 

5.0  Referral policy

 

5.1  Inner Ark is committed to provide quality services within the qualified scope of practice. In the event that a referral to another health provider is required, Inner Ark should be involved in the process in order to transfer the client efficiently and maintain the highest possible level of care. Client details and session notes will only be passed to the new provider under the written approval of the client.

 

5.2  Final decision on the necessity of referral rests with Inner Ark. Referrals will only be made to appropriately qualified health care providers. If continued services are deemed inappropriate by Inner Ark, a refund will be given for all unused sessions. In the event of temporary referral, the purchased sessions will be held indefinitely until the client is ready to continue with the coaching program.

 

6.0  Personal data

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6.1  In addition to contact and payment details, Inner Ark needs to collect information from clients concerning their relevant medical history; failure to do so would put the client at risk. You, the client, can request for your data to be deleted at any time by contacting Sean Budden directly.

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6.2  Data captured in the initial consultation form, session notes and the Just Coach app will be kept for a maximum of six months after the final coaching session. This is to account for the average length of time it takes for behaviour change to reach the 'maintenance' phase and for the client to confirm no likely regression, resulting in a return to coaching.  At the end of the six month post-coaching period, the client will be given the option to either extend their data storage if they believe further coaching may be necessary or for the coach to transfer the data to them and permanently erase Inner Ark records. With the data sent to the client, they are free to send it back if they need coaching again in future or transfer to another health provider, ensuring maximum possible continuity and care for the client.

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7.0  Retention of right to change offering

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7.1  Inner Ark may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. Inner Ark may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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8.0  Ownership of intellectual property, copyrights and logos

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8.1  The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sean Budden. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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8.2  You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website or associated social media platforms, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website or associated social media platforms.

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9.0  Right to suspend or cancel user account

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9.1  Inner Ark may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

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10.0  Indemnification

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10.1  You agree to indemnify and hold Sean Budden harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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11.0  Limitation of liability

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11.1  To the maximum extent permitted by applicable law, in no event shall Sean Budden, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

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11.2  To the maximum extent permitted by applicable law, Sean Budden assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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12.0  Right to change and modify Terms

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12.1  Inner Ark reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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13.0  Promotional emails and content

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13.1  If you opt-in to receive promotional content (such as services updates, newsletters) you agree to receive from time to time promotional messages and materials from us, by email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time.

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14.0  Preference of law and dispute resolution

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14.1  These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Spain, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Barcelona. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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15.0  Social media and user communities code of conduct

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15.1  The nature of Inner Ark's business necessitates a strong social media presence. It is important for the healthy development on users, clients and the general public that comments and opinions on Inner Ark's social platforms are kept civil and constructive in nature. Sean Budden endeavours to educate all who follow Inner Ark and guide conversation appropriately, however that is not always within control especially on third party pages.

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15.2  Inner Ark may permanently or temporarily terminate or suspend your access to the service without notice and liability if, in the opinion of Sean Budden, you have engaged in any form of bullying, harassment, proliferation of harmful misinformation or illegal activity.