Updated at 2022-11-11
 

 

General Terms

By accessing and placing an order with Neten, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Neten.

Under no circumstances shall Neten’s team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Neten team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

Neten will not be responsible for any outcome that may occur during the course of the usage of our resources. We reserve the right to change prices and revise the resource usage policy at any moment.
 

 

This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and Neten S.R.L, a Costa Rican corporation (“Neten”). These Terms govern your use of Neten’s Website and the services offered through application via our Website.

 

 

 

Modification to these Terms and Services:

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Neten may, at its sole discretion, change these Terms, including the Privacy Policy. All updates will not be retroactive and will indicate the date on which they become effective. Please review these Terms, our booking terms, and our Privacy Policy regularly for any changes. By continuing to use the Services following the posting of any changes to the Terms, you are deemed to have accepted those changes. Additionally, Neten reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, any feature, database, or Content) at any time for any reason. Neten shall not be liable to you for any changes, suspensions, or discontinuations of the Services. Some modifications may require you to update the Website before continuing to use the Services. Additionally, Neten may limit certain features and services, restrict your access to portions or all of the Services, and suspend or terminate users without notice or liability.

 

Copyright:

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All material on this Website, including content, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Neten. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Website is strictly prohibited unless authorized by Neten.

 

Payment:

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Neten requests payment for certain Services, including, without limitation, allowing you to apply for online or in-person therapy/coaching sessions, retreats, workshops, other experiences, etc. Through the Website, Neten may, at its sole discretion, offer credits or refunds.  By agreeing to the Terms & Conditions you authorize Neten to charge you for Services, and Neten will charge you for Services. If Neten requests pre-authorization of your credit card account or bank account information before you make a purchase, this is to ensure that your payment information is valid and that you have sufficient credit to make the purchase.  Neten reserves the right to determine, and/or modify prices, fees, and taxes for services or goods obtained through the use of the Services at any time. Regardless of the cause, Neten reserves the right to charge the final price following checkout, including without limitation all applicable transaction taxes.  

 

Trademark:

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The trademarks, logos, and service marks displayed on the Website ("Marks") are the property of Neten SRL. You are not permitted to use the Marks without the prior consent of Neten SRL.

 

Limitation of Liability:

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Neten shall not be liable for any special or significant damages that result from the use of, or the inability to use, the materials/services on this Website or the performance of the products, even if Neten has been instructed of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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Neten, its directors, employees, partners, suppliers, or content providers, shall not be liable under any contract, offense, strict liability, negligence, or any other legal or equitable theory for its services; a) for any lost profits, data loss, cost of procurement of substitute goods or services, or any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination) c) for any direct damages in excess of the total amount paid within one year prior to the service provided. Neten’s liability will be limited in these jurisdictions to the greatest extent permitted by law.

 

Termination:

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These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Neten without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.

 

Communications:

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You consent that Neten may deliver communications via email, text, or by another method to the address you have provided to Neten. If you wish to opt out of receiving marketing communications, please follow the unsubscribe options that we provide you with. However, certain transactional messages, such as payment receipts, login confirmations, or updates to your booking or other Terms, are considered to be part of the Services, and opting out of receiving these messages will negatively impact your use of the Services. 

 

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.


Links to Other Websites

These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by Neten. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

 

Cookies

Neten uses "Cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

 

Use of Website:

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Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of Neten or other licensed employees, hosts, or representatives, as well as other members or visitors on the Website, is prohibited.

 

Governing Law and Jurisdiction:

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These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Neten shall be governed in accordance with the laws of Costa Rica without reference to conflict of laws principles. Our Privacy Policy and these Terms shall be governed exclusively by Costa Rican courts in the event of any legal suit, action, or proceeding arising out of or related to them. Any and all objections to such courts exercising jurisdiction over you as well as the venue in such courts are waived.

We reserve the right to prohibit any and all current or future use of any service by you if Neten determines that you have failed to follow these terms, rules, and conditions. Neten may investigate and/or take legal action as necessary if it is suspected or learned that anyone violates these Terms, including bringing a lawsuit for damages resulting from such a violation. Neten reserves the right to conduct an investigation and take appropriate legal action, including, without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct. 

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Waiver:

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There shall be no waiver of any right or power hereunder by either party, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of such or any other right hereunder if either party fails to exercise, or delays in exercising, any right or power hereunder. Should there be a conflict between these Terms and any purchase or other agreement, these Terms shall govern.

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Copyright Infringement Notice:

If you are a copyright owner or such owner, or agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Intellectual Property:

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Neten, its licensors or other providers of such material and are protected by Costa Rica and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Neten, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
 

Agreement to Arbitrate:

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Neten’s INTELLECTUAL PROPERTY RIGHTS. The term ‚”dispute” means any dispute, action, or other controversies between you and Neten concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. ‚ A dispute will be given the broadest possible meaning allowable under Costa Rican law.

Notice of Dispute:

In the event of a dispute, you or Neten must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: contact@netenbiri.com. Neten will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Neten will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Neten may commence arbitration.

Binding Arbitration:

If you and Neten don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of Costa Rican law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy:

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Neten without any compensation or credit to you whatsoever. Neten and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing manufacturing, and marketing products and services using such ideas.
 

Indemnification:

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You agree that Neten and its directors, employees, and affiliates will be indemnified, defended, and held harmless in the event of any loss, damages, liability, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses arising from or relating to your use or misuse of the Services or your breach of these Terms, including attorneys' fees.

 

No Warranties:

The website and its services/products are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Neten, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Neten provides no warranty or undertaking and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Neten nor any Neten's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, services, materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Neten are free of viruses, scripts, trojan horses, worms, malware, or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Severability:

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Neten on the Services, shall constitute the entire agreement between you and Neten concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Neten’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Neten AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 

Amendments to this Agreement:

Neten reserves the right, at its sole discretion, to modify or replace this Agreement at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Neten.

Entire Agreement The Agreement constitutes the entire agreement between you and Neten regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Neten. You may be subject to additional terms and conditions that apply when you use or purchase other Neten’s services, which Neten will provide to you at the time of such use or purchase.

Promotions

Neten may, from time to time, include contests, promotions, sweepstakes, or other activities that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.


Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment accounts in the amount of the charge.


Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Neten. Neten will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Neten operates and controls the Neten Service from its offices in Costa Rica. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Neten Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Neten Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and Neten concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.


Disclaimer

Neten is not responsible for any content, code, or any other imprecision.

Neten does not provide warranties or guarantees.

In no event shall Neten be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, arising out of or in connection with the use of the Service or the contents of the Service. Neten reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Neten Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Neten is a distributor and not a publisher of the content supplied by third parties; as such, Neten exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via the Neten Service. Without limiting the foregoing, Neten specifically disclaims all warranties and representations in any content transmitted on or in connection with the Neten Service or on sites that may appear as links on the Neten Service, or in the products provided as a part of, or otherwise in connection with, the Neten Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Neten or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Neten does not warrant that the Neten Service will be uninterrupted, uncorrupted, timely, or error-free.
 

Contact Us

 

Don't hesitate to contact us if you have any questions at contact@netenbiri.com