TERMS AND CONDITIONS

WEBSITE OWNER, THE OFFERING AND BINDING OF TERMS

This website is owned and operated by Lachlan Mitchell Phillips (Emotional Horsemanship S.L.). These Terms set forth the terms and conditions under which you may use this website and services as offered by in it. This website offers visitors Coaching and Educational services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

WHO CAN USE THIS WEBSITE
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

COMMERCIAL TERMS OFFERED TO CUSTOMERS
When buying a service, you agree that:
(i) you are responsible for reading the full item listing before making a commitment to buy it:
(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
(iii) when you make a purchase, you agree to understand what you have purchased, and how to use the purchase.
(iv) prices are non-negotiable and discounts and coupons are offered at the discretion of the service provider

The prices we charge for using our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged during your payment processing

REFUND & RESCHEDULING & CANCELLATION POLICY
(i). All Services and Bookings deliverable will include a 25% non-refundable deposit to your booking.
(ii). If for any reason, clients must cancel their booking, their booking is refunded minus that 25% which will be retained by service provider
(iii). This policy is in effect for all services and bookings.
(iv). Cancellations for Online Services includes a 24 hour window. Cancellations made later than 24 hours prior are non-refundable. Cancellations for Online Services made until 24 hours prior are refundable minus a 25% deposit.
(v). Clinics hold a 48 hour refund policy. Your ticket is refundable minus 25% deposit until 48 hours prior to the clinic.
(vi) All rescheduling is subject to availability. If no more times are available, then the service is not able to be rescheduled in any instance.

RESCHEDULING & REFUND IN INSTANCES OF NATURAL DISASTER OR FORCE MAJEUR
(i) If a client is unable to attend a booking due to Natural Disasters, or instances of Force Majeur, we will hold their booking for refund, or rescheduling for a 48 hour period.
(ii) If a client does not show at an appointment, and does not indicate or prove an instance of force majeur, or natural disaster as a reason for no-show, they lose their booking and are not entitled to a refund or rescheduling.
(iii) Corroboration via proof of the natural disaster or instance of force majeur is required for a client to take advantage of this policy.
(iv) This policy can include but is not limited to climate and weather phenomena such as Cyclones, Hurricanes, Typhoons, Tornados, Floods, Fires, Earthquakes and to serious personal events such as deaths, injuries, diseases and accidents.

(v) All rescheduling is subject to availability within the calendar year the original service was booked, or during the subscription duration that the booking was made within.

SERVICE DELIVERY POLICY
(i) All services will be delivered to the best of the ability of the service provider, and at the discretion of the service provider.
(ii) All appointments will deliver according to the promised time frame.
(iii) In the instance of technology failure or disruption on behalf of the client, a 5 minute technology grace period is extended to the client. After this 5 minute period, the clock begins on your appointment again.
(iv) In the instance of technology failure or disruption on behalf of the service provider, the clock is stopped until the service can begin again seamlessly, or your service time redeemed or rescheduled for another day.
(v). The service provider retains the right to stop or pause the service for any reason, at any time, if they feel the need to.

SUBSCRIPTION SERVICE REFUND POLICY
Subscription based services offered by this site are pursuant to the following
(i) Customer who has purchased a subscription, but not begun their subscription, can obtain a refund minus a 25% deposit.
(ii) Subscriptions which have begun, are now non-refundable.
(iii) Subscription based services are subject to availability as a discounted service.
(iv) Subscription based services are non-transferable, month to month, and non-accumulating if unredeemed, subject to availability.

CLINIC REFUND POLICY
(i)Clinic tickets are refundable until 48 hours prior to the beginning of Day 1 of the clinic you will attend minus 25% deposit.

(ii)To Cancel and Refund your clinic ticket, please email admin@emotionalhorsemanship.com
(iii) For the Pre-Clinic Online Course, if for any reason Participants or Premium Auditors require to cancel and refund their ticket, after entering this pre-clinic online course, the ticket is refundable minus a 25% deposit.

CLINIC WAIVER POLICY
(i)To attend a clinic all ticket holders must sign a fully completed clinic waiver. In this waiver we ask for
1. Your name in full.
2. Your drivers license number, to confirm your identity.
3. Your health insurance number, where applicable (If your country has universal healthcare, provide your registration number where applicable).
4. Declaration of acceptance of clinic conduct and behaviour.
(ii)Your safety and our safety is important to us. Our waiver is set up to ensure that the clinic is a safe place environment for you to attend, and for us to deliver.
(iii)Your personal data is protected by the EU GDPR, and handled by our administrator, a trained para-legal whom has specific competency on correct handling of EU privacy laws. The EU GDPR is the strictest data protection laws for consumers in the world. Mishandling of our clients data is punishable by law.
(iv)It is not permitted to attend a clinic without a signed waiver. All attendees, participants and auditors, need a signed waiver. Minors require a waiver signed by a parent or guardian.

HOLIDAY SALES PURCHASE & REFUND POLICY
(i) Holiday Sales purchases made during holidays sales are redeemable for a full 12 months of the following calendar year, not longer or shorter.

(i) A Holiday Sales purchase is a discounted purchase and non-refundable or transferable.
(i) Holiday Sales purchases which include private services, can be booked 24/7/365 throughout that calendar with conditions
(i) Holiday Sales purchase which include private services are subject to availability. The service schedule is a finite resource and all clients are 100% responsible for ensuring they redeem their purchases
(i) When the booking schedule books out, all non-redeemed Holiday Sales purchases for that calendar year are now invalidated, and are non-refundable or transferable

RETREAT REFUND & CANCELLATION POLICY
(i) Retreats are confirmed with a 25% non-refundable deposit
(ii) Your entire retreat needs to be paid for one month prior to retreat start date
(iii) Your retreat is refundable and cancellable, excluding the deposit, until 1 month prior to retreat start date
(iv) Your retreat is non-transferable.

TRANSFER OF CREDIT POLICY
(i) Purchases made by this website are non-transferable to other services or education products. If applicable, a refund can be offered minus 25% deposit.

RE-OCCURING INVOICES
(i) Re-occuring invoices are offered for customers who are on a payment plan or on a subscription based service. These are paid monthly. After payment of the first re-occuring invoice, subsequent payments are taken automatically on the same date of the month that the first payment was made, or nearest equivalent.
(i).Re-occuring invoices that are latent in first payment, will be cancelled after a 2 week period and that subscription or payment plan forfeit by the customer.
(i) Re-occuring invoices which are delinquent in payment for any reason will cause the immediate pause of service and if not paid within a two week period, the re-occuring invoice plan cancelled and the associated service forfeit by customer.

NO-SHOWS & MISSED APPOINTMENTS
Customers who for any reason do not attend their appointment on time are afforded the following graces
For Online Services;
(i) The meeting room or lesson room will remain open for the first 10 minutes of the scheduled appointment. If the customer does not attend after the first 10 minute grace period, the meeting or lesson room is closed, and the service non-refundable
(ii) It is the responsibility of the client to show up on time, and pay attention to the 24 hour reminder SMS and emails

FOR CLINICS
(i) Clinic ticket owners are responsible for understanding what they have purchased and must sign clinic waiver sent automatically after ticket purchase.
(ii). Auditors and Premium Auditors who are late to the clinic, depending on the venue, may be refused access to the clinic.
(iii) Participants who are late into the clinic for any reason will not be allowed to participate.

SERVICE PROVIDER NO-SHOW

(i) If for any reason site owner Lachlan Mitchell Phillips ( Emotional Horsemanship S.L.) or staff member is a no-show at an appointment or scheduled service, this will be due to unforeseen circumstances, situation of force majeur, or an emergency.
(ii) All prepaid services are held in trust until refunded or rescheduled and redeemed.

RETENTION OF RIGHT TO CHANGE OFFERING
(i). We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
(ii) We may, without prior notice or consultation, reserve the the right to change, reschedule or cancel a service booked by a client through the website and are covered under the same refund and rescheduling policy.

PRIVACY POLICY
(i) We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
(ii) When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
(iii) We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalised service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.

(iii) Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
(iv) We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
(v) If you don’t want us to process your data anymore, please contact us at admin@emotionalhorsemanship.com.
(vi) We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
(vii) If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at admin@emotionalhorsemanship.com

OWNERSHIP OF INTELLECTUAL PROPERTY AND COPYRIGHT
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Lachlan Mitchell Phillips (Emotional Horsemanship S.L.) Photography is copyright to original photographers. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

THIRD PARTY PHOTOGRAPH USE
No photo may be used by third parties without the express written permission of this website owner and the original photographer. For full list of original photographers please contact website owner.

RIGHT TO SUSPEND OR CANCEL YOUR SUBSCRIPTION SERVICE

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

INDEMNIFICATION
You agree to indemnify and hold Lachlan Mitchell Phillips (Emotional Horsemanship S.L.) and staff members harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Lachlan Mitchell Phillips (Emotional Horsemanship S.L.) or staff members, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Lachlan Mitchell Phillips (Emotional Horsemanship S.L.) and staff members assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

PROMOTIONAL EMAILS AND CONTENT
By supplying this website with your information you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

PREFERENCE OF LAW AND DISPUTE REGULATIONS
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of SPAIN, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in SPAIN. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

The above is valid from date July 1 2024 and any date after unless expressly notified by Lachlan Mitchell Phillips (Emotional Horsemanship S.L.)

CONTACT DETAILS
TEL:
+34 722 867 946

EMAIL:
ADMIN@EMOTIONALHORSEMANSHIP.COM

LOCATION:
Galicia, Lugo Province Spain

BUSINESS REGISTRATION:

Emotional Horsemanship S.L.
CIF: B-56570906