Zan Perrion
1.1 These terms and conditions ("Terms") govern the use of the website at zanperrion.com (the "Site") and the provision of the services described upon it.
1.2 The Site is operated by Ars Amorata International S.R.L., a company incorporated under the laws of Romania, having its registered office at Calea Moșilor 88, Sector 3, Bucharest, registered with the Trade Register under number J2023024518405, sole registration code (CUI) 49314839 ("the Company", "we" or "us").
1.3 In these Terms: "Client" means a person with whom the Company has concluded a contract for the provision of a Programme; "Programme" means any of the services described upon the Site, including those designated The Gunslinger, WWZD and Casa Amorata; "User" means any person accessing the Site; and "Fee" means the consideration payable in respect of a Programme.
1.4 By accessing the Site the User accepts these Terms. Access to the Site by any means, whether automated or otherwise, constitutes use of the Site and acceptance of these Terms.
2.1 The Programmes are private educational and advisory services concerning interpersonal conduct, communication and personal development.
2.2 The Programmes do not constitute, and shall not be construed as constituting, psychotherapy, psychological counselling, psychiatric treatment, medical treatment, or professional advice of a legal, financial or medical character. No qualification, licence or registration in any such discipline is claimed or implied by the Company or by any person delivering the Programmes.
2.3 Where in the reasonable opinion of the Company a prospective Client or Client would be better served by a licensed professional, the Company shall so advise and may decline or terminate the engagement accordingly.
2.4 The Client is advised to consult an appropriate professional in respect of any medical, psychological, legal or financial matter, and shall not rely upon any Programme in place of such consultation.
3.1 The Company makes no representation, warranty or guarantee, whether express or implied, as to any result, outcome or benefit arising from participation in a Programme.
3.2 Without limitation to clause 3.1, no representation is made as to the future conduct, decisions, feelings or responses of any third party, nor as to the Client's future relationships, health, mental state, income, or personal circumstances.
3.3 Any account of the experience of a former Client which appears upon the Site describes the experience of that individual only and does not constitute a representation that any other person will obtain a comparable result. Results are individual and depend substantially upon factors outside the control of the Company.
3.4 The Client acknowledges that all decisions taken by the Client during or following a Programme, and the consequences of such decisions, remain the sole responsibility of the Client.
4.1 The description of a Programme upon the Site constitutes an invitation to treat and not an offer.
4.2 The submission of an application, whether through a form upon the Site, by electronic mail or by messaging service, constitutes an offer by the applicant and does not create a contract, reserve a place, or oblige the Company to accept.
4.3 The Company assesses applications personally and in its absolute discretion, and declines the majority of them. The Company is under no obligation to give reasons for a refusal.
4.4 A contract is concluded only upon the express written acceptance of an application by the Company and receipt by the Company of the Fee or the first instalment thereof in cleared funds, whichever is the later.
4.5 The applicant warrants that the information supplied in an application is true, accurate and complete, and that he is aged eighteen years or over. The Company may terminate a contract without refund where this warranty is found to have been breached in a material respect.
5.1 The Fee in respect of each Programme is that stated upon the relevant page of the Site at the time an application is accepted. Fees are quoted in United States dollars and are exclusive of any value added tax or other tax which may be applicable.
5.2 The Fee is payable in full prior to the commencement of the Programme, unless the Company agrees otherwise in writing.
5.3 Save where a page of the Site expressly provides otherwise, the Fee does not include travel, transfers, meals, or personal expenses, which are borne by the Client.
5.4 The Company reserves the right to vary the Fee applicable to future Programmes at any time. Such variation does not affect a contract already concluded.
6.1 The Company shall deliver each Programme with reasonable skill and care and in accordance with its description upon the Site.
6.2 The Company may make reasonable variations to the content, schedule or location of a Programme where necessary, provided that no such variation shall materially diminish the Programme taken as a whole.
6.3 Where a Programme is delivered in part by third parties engaged by the Company, the Company remains responsible for the delivery of the Programme in accordance with these Terms.
7.1 Where the Client is a consumer within the meaning of Government Emergency Ordinance no. 34/2014, the Client has the right to withdraw from the contract within fourteen calendar days of its conclusion, without giving any reason and without incurring any cost other than as provided in clause 7.3.
7.2 To exercise that right the Client shall inform the Company of his decision by an unequivocal statement sent to info@arsamorata.com before the expiry of the period. The Company shall reimburse all payments received without undue delay and in any event within fourteen days of being so informed.
7.3 Where the Client has expressly requested that the Programme commence within the withdrawal period, and has acknowledged that he will lose the right of withdrawal once the Programme has been fully performed, the right of withdrawal is lost upon full performance. Where the Client withdraws after performance has commenced but before it is complete, the Client shall pay an amount proportionate to what has been supplied.
8.1 Subject to clause 7, where a Client cancels a Programme after the expiry of any applicable withdrawal period, the following shall apply:
8.2 The sums retained under clause 8.1 represent a genuine pre-estimate of the loss suffered by the Company, the capacity of each Programme being strictly limited and a cancelled place being incapable of resale at short notice.
8.3 The Company may, in its absolute discretion, permit a Client to transfer to a subsequent Programme in place of cancellation. Any such transfer is a concession and does not establish a course of dealing.
8.4 Where the Company cancels or postpones a Programme for any reason, the Client may elect to transfer to a subsequent Programme or to receive a full refund of the Fee. The Company shall not be liable for travel, accommodation or other costs incurred by the Client, and Clients are advised to obtain appropriate insurance.
9.1 The Company shall keep confidential all information disclosed by a Client in the course of an engagement and shall not publish, quote, attribute or otherwise disclose such information to any third party, save with the express prior written consent of the Client or where disclosure is required by law.
9.2 No Client is identified by name upon the Site, and the Company undertakes that none shall be.
9.3 The Client shall likewise keep confidential all information disclosed to him by other participants in the course of a Programme delivered to more than one person.
9.4 This clause 9 survives termination of the contract.
10.1 The Client shall conduct himself with courtesy and respect toward the Company, toward other participants, and toward all persons engaged in the delivery of a Programme, including without limitation any woman participating in the delivery of a Programme.
10.2 The Company may exclude a Client from a Programme with immediate effect and without refund where, in the reasonable opinion of the Company, the conduct of the Client is abusive, threatening, harassing, unlawful, or such as to place any person at risk of harm.
10.3 The Company shall not be liable for any loss arising from an exclusion made pursuant to clause 10.2.
11.1 All intellectual property rights subsisting in the Site, in its text, images, design and arrangement, and in the materials supplied in the course of a Programme, are and remain vested in the Company or its licensors.
11.2 ARS AMORATA®, THE AMORATI® and CASA AMORATA® and the Amorati logo are registered trademarks. No licence to use any trademark is granted by these Terms.
11.3 The User may view and print pages of the Site for his own personal and non-commercial use. The User shall not, without the prior written consent of the Company: republish, redistribute, sell, licence or exploit any material from the Site or from a Programme; reproduce such material in any medium; or remove any copyright or proprietary notice.
11.4 The Client shall not record, whether by audio or video means, any part of a Programme without the prior written consent of the Company.
12.1 The processing of personal data by the Company is governed by the Privacy Notice and the Cookie Notice, which form part of these Terms.
13.1 The Site contains hyperlinks to websites operated by third parties. Such links are provided for convenience only and do not constitute an endorsement. The Company exercises no control over such websites and accepts no responsibility for their content, their availability, or their handling of personal data.
14.1 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which may not lawfully be excluded or limited.
14.2 Subject to clause 14.1, the total aggregate liability of the Company arising out of or in connection with a contract for a Programme, whether in contract, tort including negligence, breach of statutory duty or otherwise, shall not exceed the Fee paid by the Client in respect of that Programme.
14.3 Subject to clause 14.1, the Company shall not be liable for any indirect or consequential loss, nor for any loss of profit, revenue, opportunity, anticipated saving, or goodwill, howsoever arising.
14.4 The Site and its contents are provided as they stand. The Company does not warrant that the Site will be available without interruption or free from error.
15.1 The Company shall not be in breach of these Terms nor liable for any delay or failure in performance arising from any cause beyond its reasonable control, including act of God, war, civil disturbance, epidemic, restriction imposed by any government, failure of transport or of communications infrastructure, or the illness of any person essential to the delivery of a Programme. In such event clause 8.4 shall apply.
16.1 These Terms and any dispute arising out of or in connection with them, including any non-contractual dispute, are governed by the law of Romania.
16.2 The courts of Bucharest, Romania shall have exclusive jurisdiction, save that where the Client is a consumer habitually resident in another Member State of the European Union, nothing in this clause deprives the Client of the protection afforded by the mandatory provisions of the law of that State, nor of the right to bring proceedings in the courts of that State.
16.3 A consumer resident in the European Union may submit a dispute to the online dispute resolution platform maintained by the European Commission at ec.europa.eu/consumers/odr.
17.1 These Terms, together with the Privacy Notice and Cookie Notice, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior representations and understandings.
17.2 If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.
17.3 No failure or delay by the Company in exercising any right constitutes a waiver of that right.
17.4 The Company may assign or subcontract its rights and obligations under these Terms. The Client may not do so without the prior written consent of the Company.
17.5 A person who is not a party to a contract for a Programme acquires no right to enforce any of its terms.
17.6 The Company may amend these Terms from time to time. The version in force in respect of a contract is that published upon this page at the date the contract was concluded.
18.1 Enquiries concerning these Terms may be addressed to Ars Amorata International S.R.L. at Calea Moșilor 88, Sector 3, Bucharest or info@arsamorata.com.