Tapping Oasis Terms of Service
Effective date: 31 March 2020
Please read these Tapping Oasis Terms of Service carefully because they contain important information about your use of Tapping Oasis, your legal rights and obligations, liabilities, and limitations.
If you do not agree with one or more provisions of these Terms, please do not use Tapping Oasis. By accepting these Terms, you agree to be legally bound by them.
1. General information
1.1 These Tapping Oasis Terms and Conditions (the “Terms”) govern the access and use of the website http://www.tappingoasis.com and the related EFT tapping services (collectively, “Tapping Oasis”) by an individual user (“you” or “your”). The Terms constitute a legally binding agreement between the User and the operator of Tapping Oasis, namely, ‘Tapping Oasis’ having a business address at Carrer d´Arago 643, 7 – 9, 08026 Barcelona, Spain (“we”, “us”, or “our”).
1.2 About Tapping Oasis. Tapping Oasis features information about Emotional Freedom Techniques (“EFT”) tapping services (i.e., a combination of ancient Chinese acupressure and modern psychology) provided by a certified EFT practitioner Nicole Herrle (certified by EFT Universe under the no. 111285). Tapping Oasis allows booking, scheduling, and managing EFT tapping sessions (the “Sessions”).
1.3 Third parties. These Terms apply to your use of Tapping Oasis only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, the content uploaded and published by third parties on Tapping Oasis, and security and privacy practices deployed by the operators of third-party websites, applications, and services referred to from Tapping Oasis.
1.4 License to use Tapping Oasis. We grant you a personal, revocable, non-exclusive, non-transferable, worldwide, and limited license to use Tapping Oasis pursuant to these Terms.
1.5 Minors. Tapping Oasis should not be accessed and used by persons under the age of 18. If a person under the age of 18 would like to use Tapping Oasis, a parent or legal guardian should contact us and provide parental consent.
1.6 Support. Any requests for customer or technical support should be addressed to us by email at nicole@tappingoasis.com. We will respond to support enquiries without undue delay and no later than 3 business days.
1.7 Privacy. We are committed to protecting your right to privacy and complying with applicable data protection laws. Therefore, before using Tapping Oasis, you are strongly encouraged to review our privacy policy available at https://www.tappingoasis.com/privacy-policy (the “Privacy Policy”) and our cookie policy available at https://www.tappingoasis.com/cookie-policy, which explain in detail our practices and procedures pertaining to the processing of your personal data.
2. The Account
2.1 Types of the Account. To use the full functionality of Tapping Oasis, you are required to sign up by creating a user account (the “Account”). The Account allows you to book, schedule, and manage the Sessions online.
2.2 Registration of the Account. The Account can be registered by submitting the requested information, accepting these Terms, and reviewing the Privacy Policy. If you do not agree with one or more provisions of the said documents, you are not allowed to register the Account; by registering the Account, you acknowledge and agree that you have read the said documents. We may monitor and review new Accounts and refuse the registration of any Account at our sole discretion. By completing the registration of the Account and/or using Tapping Oasis, you acknowledge, agree and warrant that:
2.3 Security of Account. In order to complete the registration of the Account and ensure its security, you are required to use a strong password. If you choose otherwise, you will not be able to complete the registration of your Account. You are also solely responsible for maintaining the security of your login details. You must immediately notify us of any unauthorised use of your Account or any other breaches of security. You are responsible for using secure Internet connection and protected networks when accessing Tapping Oasis. We cannot and will not be liable for any loss or damage resulting from your failure to take precautions, as necessary to protect yourself and your devices on which you use Tapping Oasis from viruses, malware, worms, Trojan horses, and other harmful or destructive content.
2.4 Deletion of the Account. At any time, you may delete the Account by contacting us directly at nicole@tappingoasis.com. Upon deletion of the Account, these Terms shall terminate.
2.5 Suspension and termination of the Account. We may suspend, disable, or delete your Account (or any part thereof) if we have a reason to believe, at our sole discretion, that you have violated any provision of these Terms or that your conduct tends to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register. We may also suspend or terminate the Account upon a lawful request of a public authority.
3. Fees and payments
3.1 The Fees. The Sessions and some other services are subject to the applicable service fees (the “Fees”) payable in advance, upon booking the Sessions. The schedule of the Fees is made available on Tapping Oasis (see section 4.2 for further information) or communicated to you personally. Unless indicated otherwise, the Fees include applicable sale tax. By booking a Session or ordering other paid services, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees are indicated in euro (EUR) and remain valid for as long as they are indicated on Tapping Oasis or communicated by us. The Fees are subject to a change without a prior notice.
3.2 Payment. All payments related to Tapping Oasis are processed by our third-party payment processors PayPal, Stripe, and Wix (the “Payment Processors”). The Payment Processors may collect some personal data from you, such as your name, credit card number, and billing address, which will allow them to process your payments. The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing, subject to their individual terms and policies. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
3.3 Invoices. The invoices for any Fees paid can be requested by contacting us directly by email at nicole@tappingoasis.com.
3.4 Technical steps to conclude a service contract. If you would like to conclude a paid service contract with us, you need to: (i) visit Tapping Oasis; (ii) register the Account by submitting the requested personal data (optional) or contact us directly; (iii) choose the Sessions or services that you would like to book; and (iv) provide the required payment information. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. After you click on the button “Pay” and the payment is completed, we will send a confirmatory email informing you about your booking. By clicking on the button “Pay” and receiving a confirmatory email, you conclude a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your booking, you can consult the Account or contact us directly.
3.5 Right of withdrawal. We respect consumer rights and comply with the applicable consumer protection laws. If you use Tapping Oasis as a consumer (i.e., you act wholly or mainly outside the scope of your trade, business, or profession), you have the right to withdraw from the service contract with us within the period of 14 days after the service contract was concluded and you paid for the Fees, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at nicole@tappingoasis.com within 14 days after the payment is made. If you have already used our services prior to communicating your wish to withdraw from the service contract with us (e.g., you have used a few Sessions), we reserve the right to charge you proportionally for the services that have already used and return the Fees paid for the unused services (if any). If you have fully used all services for which the service contract was concluded, you cannot exercise your right of withdrawal. We will refund the Fees by using the Payment Processors, unless you have expressly requested otherwise. In any case, you will not incur any fees as a result of the refund. If you act as a business, trader, or use Tapping Oasis for professional purposes, you are not entitled to exercise your right of withdrawal.
4. The Sessions
4.1 The Sessions can be scheduled via your Account or by contacting us directly at nicole@tappingoasis.com. By booking the Sessions, you agree to comply with all provisions of the Terms, including Session-related terms and conditions outlined in this section 4.
4.2 Types of the Sessions. We offer the following types of Sessions:
4.3 Duration of the Sessions. The usual duration of the Sessions is 75 minutes. We reserve the right to decrease or increase the duration of the Sessions, if the specifics of the respective Sessions requires it (i.e., the Sessions may last 70 to 80 minutes). For example, the Session may be prolongated if, at the time the Session should cease, you are in the process of releasing energy blockages; the Sessions may be shortened if the topic to be discussed during the end of the Session requires more time than the remaining time of the Session. If reasonably possible, the remaining time of any shortened Session may be added, at our sole discretion, to the duration of the following Sessions.
4.4 Cancellation of the Sessions. You may cancel the Sessions upon the terms and conditions outlined below (for cancellation purposes, the time should be calculated on the basis of our local time, namely, the Central European Time Zone (CET)):
4.5 Termination of the Sessions. We reserve the right to terminate the Sessions immediately and unilaterally and cancel any of the current or future Sessions, at our sole discretion, if any of the following occurs:
4.6 Refunds. Notwithstanding anything in section 3.5, if the Sessions are terminated due to one or more reasons specified in section 4.5 above, you shall be responsible for paying any Fees due. We may, at our sole discretion, issue partial refunds corresponding to the number of the unused Sessions, if you have purchased the Session packages “Shift”, “Breakthrough”, and “Lasting Change”. No Fees paid for the Session already used by you shall be refunded in any circumstances.
4.7 Guidelines for video Sessions. All Sessions are held remotely by using the video communication software Zoom (https://zoom.us) or Skype (https://www.skype.com) (we prefer Zoom for convenience purposes). In your Session confirmation email, you will receive an invitation to sign up for the chosen software (if you do not have it yet). By booking the Sessions, you agree to:
4.8 Records of the Sessions. We reserve the right to keep brief records on each Session that primarily contain the date of the Session, the interventions used, your progress, and obstacles observed (if any). The records shall be kept in a secure location and reasonable technical and physical security measures will be taken to protect them. Please contact us to receive access to any records held by us about your Sessions. Please note that, if the Sessions are held with minors after receiving prior parental consent, the records of such Sessions shall be provided to the parents or legal guardians of the minor, upon their request only, unless required otherwise by the applicable law.
4.9 Confidentiality. The Sessions are any records related thereto shall be kept in full confidentiality. Unless otherwise required by the applicable law, we shall not use, disclose, or communicate, in any manner, any information related to you or the Sessions, without your prior consent. If you provide your consent, you can revoke it at any time. Our obligation shall not apply to information which (i) was rightfully in our possession or known to us prior to receipt of it; (ii) is or has become public knowledge through no fault of us; (iii) is rightfully obtained by a third party without breach of any confidentiality obligation; (iv) is independently developed by third parties who had no access to such information; or (v) should be disclosed in any other situations provided for by the applicable law (e.g., for medical emergency purposes).
4.10 Our availability. We put reasonable efforts to be available and accessible at all times, except for weekends and holidays. Please note that, due to the scheduled Sessions, our availability for communication by email or telephone may be limited. All vacations, holidays, and scheduled unavailability due to professional meetings and conferences shall be communicated to you in advance (e.g., by email or through your Account), if reasonably possible. In case we are not available, you will be able to reach our voicemail and leave your message. Our voicemail inbox is monitored regularly. We will return to you as soon as reasonably possible but no later that the next business day following your message. You are solely responsible for informing us about your availability. If you cannot reach us and you are in an emergency state, you have to call the emergency number (112 in Europe), contact your healthcare provider, or go to the emergency room of a nearby hospital.
4.11 Email communication. If you elect to communicate with us by email, you acknowledge and agree that, due the specifics of the information and communication technology, communication via email is not entirely confidential. All emails exchanged between you and us are retained in the logs of Internet service providers that may, under specific circumstances, access them or authorise third parties to access them (e.g., for law enforcement purposes).
4.12 Your questions and feedback. We strive to provide you with the best possible services that address your needs and make sure that we continuously improve Tapping Oasis. You may submit your feedback about the Sessions to us by email or during the Sessions. If you have concerns about the Sessions, you are free to discuss them with us so that we can respond to them with care and respect. You also have the right to ask any information about the Sessions, discuss your progress, or suggest alternatives. If, at any time, you decide that Tapping Oasis is not suitable for you, you may terminate your service contract and stop using Tapping Oasis, subject to the these Terms.
4.13 Legal proceedings. If you become involved in legal proceedings that require our participation, you agree to pay the Fees for our attendance in the respective legal proceedings (whether invited by you or by another party). Our Fee for the preparation and attendance of any legal proceedings is EUR 160 per hour. Please contact us for further information regarding testifying in legal proceedings. If you are involved in legal proceedings and you have had traumatic experience, please note that the Sessions may involve healing the physical and emotional aftermath of the trauma, surface unresolved memories, and this could adversely affect your ability to provide legal testimony about the event.
5. DISCLAIMER
5.1 The information provided on Tapping Oasis and during the Sessions is intended for personal informational and educational purposes only. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on Tapping Oasis.
5.2 Neither the Sessions nor any information available on Tapping Oasis should be used as a substitute for professional medical advice, diagnosis, treatment, cure, or prevention of an illness or disorder. You have to consult your certified healthcare provider before beginning any new treatment, including Tapping Oasis. Tapping Oasis is not a substitute for professional medical care. We are a certified EFT practitioner we are not a licensed health professional.
5.3 We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction that you take on the basis of the information provided during the Sessions or found on or linked to Tapping Oasis.
5.4 No information, including testimonials, presented on Tapping Oasis constitutes a warranty, guarantee, or prediction regarding the outcome of an individual using our services for any particular issue. We make no warranty, guarantee, or prediction regarding any outcome for using Tapping Oasis for any particular issue.
5.5 You are not allowed to use any information available on Tapping Oasis or received during the Sessions with others. You fully understand that, in order to practice EFT tapping with others, you have to become sufficiently trained and qualified EFT practitioner.
5.6 Although we regularly monitor the information available on Tapping Oasis, we do not guarantee the truthfulness, reliability, currency, relevance, and completeness of all information available on Tapping Oasis.
6. Notifications
After you register the Account, you may receive from us important technical notifications about your Account and Tapping Oasis (the “Notifications”), including service-related, technical or administrative emails, information about your Account, payments, privacy and security, and other important matters. Please note that we will send the Notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent. Please note that, even if you disable marketing communication, you cannot opt-out from the Notifications.
7. Third-party links
Tapping Oasis may contain links to websites and services that are owned, operated and controlled by third parties. Please be aware that we are not responsible for any business or security practices employed by such third parties. We encourage you to be aware when you leave Tapping Oasis and ask you to assess carefully each and every website or service that you access.
8. Prohibited use
8.1 When using Tapping Oasis, you are required to follow our guidelines outlined in this section 8. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
8.2 You are not permitted to use Tapping Oasis in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
8.3 Reporting inappropriate content. If you think that some of the content available on Tapping Oasis is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email at nicole@tappingoasis.com. If any content or user is reported as inappropriate, we will immediately delete such content from Tapping Oasis and investigate the conduct of the reported user.
9. Intellectual property
9.1 Most of the content made available on Tapping Oasis is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, logos, photos, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.
9.2 You are not allowed, without obtaining prior written authorisation from us, to:
9.3 Our brand. You may not use the Tapping Oasis brand, the word or figurative trademarks associated with Tapping Oasis or third-party trademarks without a prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
9.4 Third-party intellectual property. Some of the trademarks and other intellectual property featured on Tapping Oasis may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors. You agree not to violate such third-party property.
9.5 These Terms do not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain solely with us or respective third-party proprietors.
9.6 Copyright infringement claims. If you have any grounds to believe that any content made available through Tapping Oasis violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
10. Disclaimer of warranties
10.1 You agree that your use of Tapping Oasis is solely at your own risk. You agree that Tapping Oasis is provided on an “as is” and “as available” basis and we hereby expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 We make no warranty that Tapping Oasis will meet your requirements or that Tapping Oasis will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of Tapping Oasis or as to the accuracy or reliability of any information obtained through Tapping Oasis or that defects in Tapping Oasis will be corrected.
11. Limitation of liability
11.1 To the fullest extent permitted by applicable law, in no event will we, our affiliates, founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.
11.2 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section 11 may not apply to you.
11.3 By using Tapping Oasis, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
12. Availability
12.1 We put reasonable efforts to ensure that Tapping Oasis is always accessible. However, the availability of Tapping Oasis may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. We take no responsibility for the unavailability of Tapping Oasis caused by such factors. If you encounter problems while using Tapping Oasis, please contact us immediately.
12.2 We reserve the right, at our sole discretion, to change, modify, suspend, or discontinue any aspect of Tapping Oasis and any services provided through it at any time, including Tapping Oasis’s technical features, content, databases, availability, and specifications of the required equipment. We may also impose limits on certain features of Tapping Oasis or restrict your access to parts or all of Tapping Oasis without notice or liability.
13. Indemnification
You agree to indemnify and hold us and our affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of Tapping Oasis or any wilful misconduct on your part.
14. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
15. Governing law and dispute resolution
15.1 The formation, interpretation, and performance of these Terms and any disputes arising out of the Terms shall be governed by the substantive and procedural laws of Spain, without regard to its rules on conflicts or choice of law.
15.2 The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Barcelona, Spain.
15.3 Nothing herein prevents you or us from seeking any interim injunction that is deemed necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
16. Assignment
16.1 You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, which shall be at our own sole discretion and without obligation; 16.2 any such assignment or transfer shall be null and void.
16.2 We reserve the right to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
17. Term and termination
17.1 Term. These Terms enter into force on the date you accept the Terms and remain in force until terminated by us or you stop using Tapping Oasis. We reserve the right, at our sole discretion, to terminate the Terms and provision of Tapping Oasis at any time by informing you, if relevant. Your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using Tapping Oasis.
17.2 Breach of the Terms. If we believe, at our sole discretion, that you have violated these Terms and it is appropriate, necessary or desirable to do so, we may:
17.3 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or we sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
18. Changes and amendments
18.1 We reserve the right to modify these Terms, Tapping Oasis policies, any services provided through Tapping Oasis, and our business practices (including marketing policies) at any time, effective upon posting of an updated version of these Terms through Tapping Oasis and sending you a notification (if we have your email address).
18.2 Your continued use of Tapping Oasis after any such changes shall substitute your consent to such changes. If you do not agree with one or more provisions of the updated Terms, you are requested to stop using Tapping Oasis.
19. Contact us
If you have any questions, suggestions, or concerns about these Terms or your use of Tapping Oasis, please feel free to contact us.
Email: nicole@tappingoasis.com
Postal address for communication: Tapping Oasis, Nicole Herrle, Carrer d´Aragó 643, 7 – 9, 08026 Barcelona, Spain
Phone number: + 34 673036723
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