Terms and Conditions of Use

These Terms and conditions of use (hereinafter the “Terms”) are an agreement between you and BOC Institute d.o.o. (hereinafter “company”, “we”, “us”) regarding your use of the website www.simonaspilak.com (hereinafter the “website”), including any and all materials presented herein and all online services provided by the company (hereinafter the “Services”). These Terms apply to all website visitors, customers, and all other users of the website.

BY ACCESSING OR USING THE WEBSITE OR THE SERVICES YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE OR THE SERVICES.

1 LICENSE TO USE THE WEBSITE

Subject to your acceptance of and compliance with these Terms, the company grants you a limited, personal, revocable, non-exclusive and non-transferable license to use the website solely for your non-commercial and personal purposes as defined herein. Any commercial use is prohibited, however and notwithstanding this prohibition you are allowed to use the website in a non-modified form for viewing purpose.

Your right to use the website is limited to the license grant as defined above and you may not otherwise copy, display, seek to disable, perform, distribute, publish, transfer, modify, create works from, our use the website or any component of it, except as expressly authorized by the company in writing in advance.

In no event you may use the website in a manner that:

• harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
• is unlawful, fraudulent or deceptive;
• uses technology or other means to access our proprietary information that is not authorized by the company;
• uses or launches any automated system to access the website;
• attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
• attempts to gain unauthorized access to the website;
• encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
• violates these Terms.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in the company or our licensors. You are permitted to use this material only as expressly authorized by the company or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only.

2 USE OF THE WEBSITE AND THE SERVICES

You are provided with access to this website and the Services in accordance with these Terms. You agree to use the Website and the Services in a manner that does not cause harm to the company, other users or third parties. We reserve the right to terminate or restrict your access to the website and/or the Services without prior notice if you violate these Terms or if you abuse the website or the Services or access the website to an unusual extent. We are entitled to prevent access to the website and the Services if we have reason to believe that you are engaged in illegal activity or compromise other users or our data security or privacy.

You may use the website and the Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You agree to use the website and to purchase the Services or products through the website for legitimate, non-commercial purposes only.

We may suspend the website and the Services where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the website and the Services or offering it to the public at our sole discretion.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) or the Services (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website or the Services. If such changes necessitate changes in your operating environment or other devices, you shall make such changes at your own expense.

3 INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property Rights in the Website, the Services and the materials on or accessible via it belong to the company or its licensors. The website, the Services and the materials on or accessible via it and the intellectual property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the website and/or the Services). “Simona Spilak” is a trademark, which belongs to the company and it may not be used, copied or reproduced in any way without written consent from the company. All trademarks not owned by the company are the property of their respective owners and are used with permission. Nothing contained on the Website and/or the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “intellectual property rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

4 LINKS TO OTHER WEBSITES

If you use any links made available through the website and/or the Services to reach other websites not maintained by the company, you will leave our website or the Services. The linked websites are not under the control of the company and the company is not responsible for the content of any linked website or any link contained in a linked website. The linked websites are governed by the terms and conditions of that website. The company provides these links to you only as a convenience and the inclusion of any links does not imply recommendation, approval or endorsement by the company of the linked websites, nor does it imply that the linked websites recommend, approve of, or endorse the company.

5 REFUSAL OF SERVICES

The Services are offered subject to our acceptance of your order or request. We reserve the right to refuse the Services to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by the company until payment has been processed. We may at any time change or discontinue any aspect or feature of the website or the Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

6 ORDER CONFIRMATION

We will email you to confirm the placement of your order together with the details concerning the Services and/or product delivery. In the event that there is an error in the email confirmation, it is your responsibility to inform us as soon as possible.

7 PRICES

All prices for the Services and products are listed in USD and include VAT, unless explicitly stated otherwise. All prices apply at the time the order is placed and do not have a predefined validity, therefore they only apply to the respective changes.

8 CANCELLATIONS, REFUNDS AND RETURNS

ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES AND/OR PRODUCTS.

9 SERVICES AND PRODUCT DESCRIPTIONS

We endeavor to describe and display the Services and products as accurately as possible. While we try to be as clear as possible in explaining the Services and the products, please note and accept that the website may not be entirely accurate, current or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

10 USE OF RECORDINGS

Please note that coaching calls, webinars, and other audio or visual services may be recorded and can be used in the future by the company for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to contact@simonaspilak.com.

11 FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this website and the resources available for download through this website are for educational and informational purposes only.

12 NO PROFESSIONAL ADVICE

The information contained on this website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the company are professionals and the information provided on this website relates to issues within the company’s area of professionalism, the information contained on this website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided on this website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this website should be understood as a recommendation that you should not consult with a professional to address your particular information. The company expressly recommends that you seek advice from a professional.

Neither the company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

13 NO PROFESSIONAL-CLIENT RELATIONSHIP

Your use of this website - including implementation of any suggestions set out in this website and/or use of any resources available on this website - does not create a professional-client relationship between you and the company or any of its professionals.

The company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this website.

14 EARNINGS DISCLAIMER

From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by such customer. You acknowledge that the prior success of others does not guarantee your success.

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.

The use of our content and information should be based on your own due diligence and you agree that the company is not liable for any success or failure of your business that is directly or indirectly related to the use of the content and information, made available on this Website.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT ANY CONTENT, COURSES AND MATERIALS (HEREINAFTER “MATERIALS”) AND ITS POTENTIAL, HOWEVER, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS PRESENTED IN SUCH MATERIALS. EXAMPLES IN THE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING IDEAS AND TECHNIQUES PRESENTED IN THE MATERIALS.

YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE IDEAS AND TECHNIQUES MENTIONED THEREIN, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

15 ERRORS AND OMISSIONS

The company assumes no responsibility or liability for any errors or omissions in the content of this website. The information contained in this website is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied. The company does not warrant that this website and any information or material made available on the website, will be uninterrupted, error-free, omission-free or free of viruses or other harmful items.

16 TESTIMONIALS DISCLAIMER

Testimonials appearing on this website are received from clients and customers in various forms via a variety of submission methods. The testimonials reflect actual real-life experiences of individuals who used our services and/or products. However, individual results may vary. We do not claim, nor should you assume, that any individual experience recounted is typical or representative of what any other individual might experience. Testimonials are not necessarily representative of what anyone else using our services and/or products may experience. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using our Services and/or products provided by the company.

17 DISCLAIMER OF WARRANTIES

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the website, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this website often represents the opinions and judgments of an information provider, website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of the company speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through this website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18 LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICES. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICES, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE COUNTRIES AND STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT THE COMPANY‘S CUMULATIVE LIABILITY TO YOU EXCEEDS THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM THE COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED 100,00 EUR.

19 INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of any of these Terms or any other liabilities arising out of your use of this website or the Services, or the use by any other person accessing the website or the Services using your computer and/or your personal information.

20 COLLECTION OF DATA

For the collection of data, please refer to our Privacy Policy.

21 MISCELLANEOUS

21.1 Modification of these Terms: We reserve the right to modify and/or change these Terms from time to time, and your continued use of the website (or any part thereof) and the Services following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using the website and must not access and/or use the website and the Services.

21.2 Severance: If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. No waiver by the company shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

21.3 Eligibility. To access or use the website and/or the Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Persons under the age of 18 are prohibited from using the website and/or the Services.

21.4 Entire Agreement: These Terms together with our Privacy Policy govern our relationship with you and conclude an agreement. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Terms.

21.5 Term: The term of these Terms and Privacy Policy shall commence on the date you start using the website and/or the Services and shall end on date you stop using the website and/or the Services, or we terminate these Terms and Privacy Policy, whichever is earlier.

21.6 Governing Law: These Terms and all disputes or controversies arising out of or relating to these Terms shall be governed by, and construed in accordance with, the laws of the Republic of Slovenia, excluding its conflict of laws rules.

21.7 Contact Information: Should You wish to contact us with any questions, complaints, or claims, please send an email to contact@simonaspilak.com.

BOC Institute d.o.o., Last update, June 2022