Terms of service
Terms, policies and additional conditions
These Terms of Service apply together with Memblee's General Terms and Conditions, Privacy Policy, Refund Policy and any additional terms or conditions expressly stated on a product page, service page, proposal, quotation, booking page or at checkout.
Our General Terms and Conditions form an integral part of agreements entered into with Memblee where they have been made available or declared applicable in accordance with applicable law.
Certain products or services may be subject to additional or more specific conditions, including conditions relating to bookings, cancellations, rescheduling, delivery, access periods, intellectual property and the use of digital materials.
Where specific terms have been expressly agreed for a particular product, service or engagement, those specific terms apply to that product, service or engagement to the extent that they differ from these general Terms.
Personal data is processed in accordance with our Privacy Policy [LINK]. The Privacy Policy explains, among other things, what personal data we collect, why we process it, with whom it may be shared, how long it may be retained and the rights available to you under applicable privacy law.
Nothing in these Terms, our General Terms and Conditions or any other Memblee policy limits or excludes any statutory consumer rights that cannot lawfully be limited or excluded.
Nature of our services
Memblee offers a range of services that may include business and marketing strategy, consultancy, creative work, psychic readings, mediumship, intuitive and energetic work, educational content, digital products, sessions, workshops and other forms of personal or professional guidance.
Our psychic, mediumistic, intuitive and energetic services are intended for personal reflection, insight, exploration and development. They are not intended to diagnose, treat, prevent or cure any medical or psychological condition and are not a substitute for professional medical, psychological, psychiatric, therapeutic or other healthcare services.
Nothing provided through our Services constitutes medical, psychological, psychiatric, legal, tax, accounting, investment or regulated financial advice.
Our business, marketing and strategy services are intended to provide strategic input, ideas, analysis and professional guidance. They do not constitute legal, tax, accounting, investment or regulated financial advice and do not guarantee any particular commercial, financial, marketing or business result.
You remain responsible for your own decisions, actions and interpretations following any session, reading, consultation, product, programme or other Service provided by Memblee. Where appropriate, you should seek advice from a suitably qualified professional in the relevant field.
No statement, prediction, intuitive impression, psychic or mediumistic information, strategic recommendation or other information provided by Memblee should be treated as a guarantee of a particular outcome.
DIGITAL PRODUCTS AND DIGITAL CONTENT
Digital products and digital content offered by Memblee may include, without limitation, guides, workbooks, documents, templates, recordings, audio, video, educational materials, online programmes, digital resources and other downloadable or electronically accessible content.
Digital products are generally made available shortly after payment, for example by download link, email, customer account or another digital delivery method stated at the time of purchase.
Unless expressly stated otherwise, your purchase grants you a limited, personal, non-exclusive and non-transferable right to use the digital product for your own personal or internal use. Purchasing digital content does not transfer any intellectual property rights or ownership to you.
You may not reproduce, distribute, publish, share, sublicense, resell, commercially exploit, make available to third parties, incorporate into another product or service, or otherwise use our digital content beyond the permitted use without our prior written consent.
Where you are purchasing as a consumer and request or agree to immediate delivery of digital content during the statutory withdrawal period, you will be asked to expressly consent to the immediate supply of that content and acknowledge that your statutory right of withdrawal is lost once supply of the digital content has begun, where and to the extent permitted by applicable law.
If you experience a technical problem accessing or downloading a digital product, please contact us so that we can reasonably attempt to restore or provide access.
Nothing in this section limits any statutory rights you may have in relation to digital content that is faulty, inaccessible or otherwise not supplied in conformity with the agreement.
SERVICES, SESSIONS AND BOOKINGS
Memblee offers various professional and personal services, which may include business and marketing strategy, consultancy, creative services, psychic readings, mediumship, intuitive and energetic work, private sessions, programmes, workshops, events and other forms of guidance or professional support.
The scope, duration, format, price and any specific conditions applicable to a Service will be described on the relevant product or booking page, in a proposal or quotation, or otherwise agreed with you in writing.
Unless otherwise stated for a particular Service, individual one-to-one sessions may be rescheduled without additional charge until 24 hours before the scheduled starting time. If you cancel or request to reschedule within 24 hours of the scheduled starting time, the full amount may remain payable and Memblee is not obliged to provide a refund or replacement session, subject always to any mandatory rights available to consumers.
Where a Service requires your participation, information, materials, decisions, feedback or other input, you agree to provide these within a reasonable time. Delays or incomplete information on your part may affect the timing, scope or effectiveness of the Service.
If, during an engagement, it becomes appropriate to change or extend the agreed work, we will discuss this with you. Additional work may be subject to additional fees and revised delivery dates.
Unless expressly agreed otherwise, purchasing a session, programme, consultation or other Service does not guarantee any particular personal, professional, commercial, financial, marketing or other outcome.
You remain responsible for deciding whether and how to act upon the information, ideas, observations, recommendations or guidance provided through the Services.
EVENTS, WORKSHOPS AND PROGRAMMES
Where Memblee offers workshops, events, group sessions, programmes, retreats or similar Services, any specific booking, cancellation, transfer or participation conditions stated on the relevant sales or booking page form part of your agreement with us.
Unless different conditions are stated at the time of booking, cancellation of an event or workshop is free of charge until eight weeks before the scheduled starting date. For cancellations between eight and four weeks before the starting date, 50% of the participation fee remains payable. For cancellations within four weeks of the starting date, the full participation fee remains payable.
Where permitted for the relevant event, you may transfer your place to another person by notifying us in writing at least 72 hours before the event, provided that the replacement participant meets any applicable participation requirements.
We may make reasonable changes to the date, location, format, content or programme of an event where circumstances reasonably require this. Where a material change affects your booking, we will inform you and provide any cancellation or alternative options required under applicable law.
We reserve the right to refuse or discontinue participation where a participant materially disrupts an event, behaves unlawfully or abusively, infringes the rights or safety of others, or otherwise seriously interferes with the proper delivery of the event.
Mandatory statutory consumer rights remain unaffected.
DISCLAIMER OF WARRANTIES
We take reasonable care in creating, preparing and providing our Services, products and content. However, unless expressly agreed otherwise, we do not guarantee that any particular result, outcome, improvement, revenue, growth, opportunity, decision, experience or other result will arise from your use of a product or Service.
Information and content made available through our website, blog, emails, social media, digital products and other general communications are provided for general informational, educational or inspirational purposes and should not be treated as individual professional advice unless expressly provided as part of an agreed Service.
Results from strategy, marketing, business, creative, psychic, intuitive, energetic or personal development Services may vary and can depend on circumstances outside our control.
To the fullest extent permitted by applicable law, the Services are provided without warranties or conditions other than those expressly agreed or required by law.
Nothing in these Terms excludes or restricts warranties, conformity requirements, remedies or other rights that cannot lawfully be excluded or restricted, including mandatory consumer rights.
LIMITATION OF LIABILITY
You remain responsible for decisions and actions you take based on or following your use of our Services, including decisions relating to your business, career, finances, relationships, personal development or other circumstances.
To the extent permitted by applicable law, Memblee is not liable for indirect, incidental or consequential losses arising from your use of our Services or products, including loss of profit, revenue, business opportunity, anticipated savings or data.
Memblee is not responsible for loss or damage resulting from inaccurate, incomplete or outdated information supplied by you or by a third party on your behalf.
Where Memblee is liable for loss or damage and applicable law permits such limitation, our aggregate liability in connection with the relevant product, Service or agreement will be limited to the amount paid by you for that product, Service or agreement, or, where applicable, the amount paid by our insurer in relation to the relevant claim.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded or restricted under applicable consumer law.
TERMS, POLICIES AND ENTIRE AGREEMENT
These Terms of Service apply together with Memblee's General Terms and Conditions, Privacy Policy, Refund Policy and any additional terms or conditions expressly stated on a product page, service page, booking page, proposal, quotation or at checkout.
These documents form part of the agreement between you and Memblee where they have been made available or declared applicable in accordance with applicable law.
Specific terms agreed for a particular product, Service or engagement will apply to that product, Service or engagement to the extent that they differ from these general Terms.
Our Privacy Policy explains how we collect, use, store and otherwise process personal information and the rights available to you in relation to that information.
Our Refund Policy contains additional information regarding cancellations, returns, digital content, refunds and statutory withdrawal rights.
If any provision of these Terms or another applicable Memblee policy conflicts with mandatory applicable law, the mandatory legal provision will prevail.
Together, the applicable Terms, policies and any specifically agreed written conditions constitute the agreement between you and Memblee in relation to the relevant product or Service.
GOVERNING LAW AND DISPUTES
These Terms and any agreement between you and Memblee are governed by Dutch law.
If a dispute arises, we encourage you to contact us first so that we can attempt to resolve the matter directly.
Any dispute that cannot be resolved between the parties will be submitted to the competent court in the Netherlands, subject to any mandatory rules regarding jurisdiction and consumer protection that provide otherwise.
If you are a consumer residing in another country, you retain any mandatory consumer protections and jurisdictional rights available to you under applicable law.
PRIVACY AND PERSONAL INFORMATION
We process personal information in accordance with applicable privacy and data protection law.
Our Privacy Policy explains what personal information we collect, why and on what basis we process it, how it may be used, how long it may be retained, when it may be shared with service providers or other third parties, and the rights available to you in relation to your personal information.
Because our online store is powered by Shopify, certain personal information relating to your access to and use of the store may also be processed by Shopify in order to provide its services. Where applicable, Shopify's own privacy documentation also applies to its processing of personal information.
By using our Services, you acknowledge that you have been provided with access to our Privacy Policy.
Where you provide personal information about another person to us, you are responsible for ensuring that you are entitled to provide that information for the relevant purpose.