TERMS AND CONDITIONS
Website Covered: www.poonammakar.com (referred herein as ‘Site’)
Effective Date: December 24, 2021
Please read these Terms and Conditions carefully before using the website, www.poonammakar.com (the "Site"), operated by Poonam Makar. Your access to and use of this site is conditioned on your acceptance of and compliance with the said Terms & Conditions. The Terms & Conditions apply to all users, visitors, and others who access /use the site. By accessing or using any part of the site (poonammakar.com), it is deemed to signify that you, the client, accept the following Terms and Conditions of Service.
1. Definitions Used in This Policy
The following words and general information shall be as defined and set
forth below:
i. Website: www.poonammakar.com is referred herein as "site"
ii. Service: "Service" refers to any contact or communication with Poonam Makar be it involving Spiritual Guidance, Life, Transformational or Wellness Coaching for Event or Session any other matter that is booked by the Client/ Customer:
a) Session(s): "Session('s)" time periods booked by you, the client, either paid or gifted to such person as may be identified by the client, for the use of the Service.
b) Event(s): "Event(s)" refers to a Class, Course, Workshop, Tele-call, Webinar paid or unpaid/gifted conducted by Poonam Makar and booked by you, the client.
iii. Methodology, Tools, and Techniques: The Methodology, Tools, and Techniques are only a means method of life, and transformational coaching, facilitating are a way to improve customers, self-confidence, self-esteem & well-being.
iv. Data Subject and /or Client / Customer: Refers to The person who has booked and paid for the Service and is a natural person whose Personal Data is being Processed.
v. Child: Refers to a natural person under 18 years of age.
vi. Me /I: Refers to Poonam Makar.
vii. Us/ We: Refers to Poonam Makar and her team/ associates.
2. Guidelines and Terms and Conditions for Service(s):
The Services rendered to you, the client, via the site are general advice, and as such, nothing should be construed to guarantee an improvement or warrant a specific result of any situation. The Terms &Conditions apply to all clients who book a service via the site. (poonammakar.com), is deemed to signify that you, the client, accept the following Terms and Conditions of Service.
i. You must be 18 years of age or above to use the Service (s).
ii. The Services (Sessions and Events) do not replace any medical or psychological therapy. The methodology, tools, techniques and content used by Poonam Makar are only a means of method to life, empowerment and transformational coaching and facilitating. They are a way to improve customer’s self-confidence, self-esteem, and wellbeing and do not guarantee an improvement or assured outcome or any specific result or change.
iii. The Services (Sessions and Events) are a service, not a therapy. They cannot heal diseases or mental disorders, nor replace any therapy, treatment, or medication plan their doctors or therapists give to customers. Clients under supervision of a doctor, psychologist, or under the treatment of any form for physical or mental reasons are advised to consult their doctor, psychologist or therapist before altering their treatment plan in any way based on information received from Poonam Makar.
iv. If you have a mental illness, such as clinical depression, anxiety, panic attacks, bipolar disorder, OCD, schizophrenia, eating disorders, PTSD, etc., likewise if you are dealing with a severe trauma like rape or physical abuse, by booking a service (session or event) you confirm that you have consulted your mental health professional as to the suitability of attending a service with Poonam Makar prior to booking of the Service and received their consent as to the use the Service. Otherwise, you will not book a Service (session or event), and I, Poonam Makar, am unable to provide you with Service.
v. The Methodology, Tools, and Techniques are only a method of life, and transformational coaching and facilitating are ways to improve customers, self-confidence, self-esteem, & well-being.
vi. You, the client, hereby indemnify Poonam Makar from all claims, dues, and liability and will not hold Poonam Makar liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or any other ailment or condition) caused either directly or indirectly concerning with this Service. Poonam Makar makes no representation or warranty that methods used in Service/s (Sessions and Events) will aid you in your personal circumstance. You will not hold me responsible in any circumstance for the failure (in whole or part) to achieve any of your
individual objectives or goals.
vii. The service/s (Session and/ or Event) maybe recorded for audio and made available and released to participants. Online Classes may also be streamed via video conferencing platforms, with the cameras generally focused on the person currently speaking. When registering for a service the participants, hereby, agree to be recorded, filmed and agree that the recordings – including their face and voice may be sent to other class participants. Incase a client, for whatever reason, does not want to be filmed, he/she must turn of the camera function of his/her device or cover the camera when speaking. In this case the client / participant does not want to be recorded, he/ she can ask questions in a written thread, that is visible to all other class participants. By booking a service the client hereby agrees to the above.
3. Site Ownership and Intellectual Property Rights
i. Poonam Makar is the owner of all Intellectual Property on the site.
ii. Site i.e. www.poonammakar.com and the material published on it: Copyright laws protect those works, and such rights are reserved. Any and all content of this website, such as written content, illustrations, photographs, video or audio sequences, computer code, text, data, graphics, files, and other materials contained in the site, is protected by the copyright unless otherwise noted and are the property of Poonam Makar. Reproduction and usage of the part or any part thereof, including any content without the written consent of Poonam Makar, is prohibited and against the provision of IPR Laws in force. In breach of these terms of use, your right to use our site will cease immediately and may result in strict legal action.
iii. All trade names, trademarks, and images and logos used hereby on the site content and contained in the site (www.poonammakar.com), including without limitation the name or any mark and trademark are
either the property and the rights of Poonam Makar and any unauthorized use of the same of or used with The use of content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the content shall violate the copyright, trademark, and other proprietary rights of Poonam Makar the Company and/or third parties, as well as the laws of privacy and publicity and other regulations and statutes.
4. Cancellation, Transfer of Date, and Refund Policy
i. Events:
For Cancellation of An Event, the following applies:
a) Teacher Training Courses, Diana Cooper School of White Light: The Cancellation and Refund policy of the Diana Cooper School of White Light applies herewith. Please refer to the policy and guidelines regarding the same at www.dianacooperschoolofwhitelight.com
b) Access Consciousness: The guidelines and cancellation and refund policy of Access Consciousness will be applied for The Access Bars Class, The Access Foundation, and all core classes. Please refer to the policy and guidelines regarding the same at www.accessconsciousness.com
c) All Other Events: We send out the course material and manuals, if any, once the client purchases an event. Thus, we adhere to a no cancellation, non-transferable, and no refund policy for any or all other events except those mentioned in subsections (a) & (b) above. However, the amount paid may be refunded or transferred for the same or lesser value event in exceptional circumstances. We will do this solely at our discretion.
For any refund of the above three, there will be a refund of the payment minus the transaction fees imposed by the respective payment provider and the venue cost, if any.
ii. Sessions:
For Cancellation of a Session, the following applies: The client must cancel a session at least 48 hours prior to the scheduled session via email. In this case, the payment refund minus the transaction fees imposed by the respective payment provider will be made.
In case of cancellation later than 48 hours or no-show, the cancellation fee is 100% Sessions can be rescheduled to another available date with at least 24 hours prior notice to the scheduled session. This can be done only via email only.
iii. Late Arrival and No Show for Service:
Sessions booked will begin at the agreed / booked start time. If you, the client, are late for the commencement of a session, for any reason whatsoever, I, Poonam Makar, reserve the right to adhere to the agreed/booked start and end time of the session. In the event of no show for you miss a service entirely or do not show up and without 48 hours prior notice via email, a refund or transfer to another date shall not be given in any circumstance.
iv. Withdrawal, Cancelation or Change of Date of Service (Event or Session) by Poonam Makar:
Poonam Makar reserves the right to withdraw, cancel or postpone a service at her discretion. In case of such withdrawal, cancelation or change of date of services by Poonam Makar, then, if the client so desires, shall be given a full refund in full of the amount paid by the client for the Service booked. . Poonam Makar will not be liable to pay for any damages, loss or incidentals or any other additional costs, direct or indirect to the client.
v. Right to Be Asked to Leave a Service:
In case of inappropriate behavior or breach of service guidelines, Poonam Makar reserves the right to ask the client to leave or withdraw from the Service. In such a case, the client shall be refunded in full the amount, as paid by the client, for the Service booked.
vi. Poonam Makar will not be liable to pay for any damages, loss, or incidentals or any other additional costs, direct or indirect, to the client.
5. Content
All content provided on the website is for information only. Poonam Makar makes no representations of the accuracy of the information on this site and shall not be held liable for any losses, damages direct or indirect from the display or use of this information.
6. Children
You must be age 18 or above to purchase the Services.
7. Site Access and Registration
It is not necessary to register on the site (www.poonammakar.com) to use most parts of the site. However, certain areas of this site shall be available only if you have created an account and registered by sharing your name, and your email, and other information.
If you create an account on the site, you are hereby advised to keep your username and password confidential. You are solely responsible for any kind of activity or breach associated with the account you created. Poonam Makar, the site, and/or any third party shall not be liable for any breach associated with your account or any kind of loss suffered by you, and the same shall be indemnified by you.
8. Visits to the Site
We process information about you in accordance with our Privacy Policy. By using our site, you by your free will have given consent to the processing of all such data, and you warrant that all data provided by you is accurate. For more information, please visit our Privacy Policy.
9. Links and Content To and From Third Party Website/ Social Media Platforms
The site may provide links to and from other sites, including social media platforms. These links are provided for your information only. Poonam Makar does not endorse these websites in any way. If you visit any website or social media platform via a link from this website, you do so at your own risk. Poonam Makar accepts no responsibility for them or for any loss or damage, direct or indirect, that may arise from your use of them and disclaims all liabilities arising out of any or all third-party websites and claims.
10. Consequential Loss
Poonam Makar will not, under any circumstances, be responsible or liable for any financial or any other loss or damage, direct or indirect, caused by the failure or use or misuse of the site.
11. Violation and Misuse of Site
Misusing our site by knowingly introducing viruses, worms, logic bombs, or other technologically damaging or malicious material will be considered a breach. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or and server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. Any breach of the above or similar provisions will be reported to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Poonam Makar cannot be held responsible for any loss or damage, direct, indirect, or incidental caused by a distributed malicious
software, spyware, viruses, denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, or any or all other material due to your use of the site or to your downloading of any material on it, or on any website linked to it.
12. Suspension and Termination of Access to Services
Poonam Makar may suspend or terminate access to the Service without prior notice for any reason whatsoever, including without limitation if you breach the terms and conditions.
13. Force Majeure
Poonam Makar does not accept any liability, direct or indirect, in regards to failure to perform the obligation, including obligations cited under these terms of use, caused by Force Majeure, i.e., external forces beyond our control, which include but are not limited to, natural disasters, strikes, or electricity failures or any other force majeure.
14. Right to Revision of Terms
Poonam Makar reserves the right to and may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded without any prior notices published on the site.
15. Governing Law and Jurisdiction
All matters relating to this website as well as to the disclaimer shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Pune (Maharashtra) India or any other court being competent for Poonam Makar.
16. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable and submit yourself to the jurisdiction of appropriate courts in Pune, India, or any other court being competent for Poonam Makar as mentioned above. If you do not think they are reasonable, you must not use this website.
17. No Waiver
Poonam Makar may choose to take any action against your failure to comply with the Terms of Use stated herewith. In this case, Poonam Makar is still entitled to use her rights in case of a subsequent breach in terms of use.
18. Unenforceable Provisions
If any provision of this website disclaimer is or is found to be unenforceable under applicable law, then, in that case, only the
unenforceable part or provision shall be severable, and the remaining shall not be that will not be affected by such severability, including the enforceability of the other provisions of this website disclaimer.
19. Concerns, Questions & Comments
If you have any concerns, questions, or comments about material that appears on our site, these Terms and Conditions and/or the collection and use of personal information, or if you wish us to stop processing your personal information for any reason whatsoever, then please get in touch with pm@poonammakar.com