Terms of Service

Agreement to Terms

Welcome to heavenerkahana.nl. These Terms of Service ("Terms") constitute a legally binding agreement between you and Heavener Kahana ("I," "me," or "my") regarding your access to and use of this website and the wellness coaching services offered herein.

By accessing this website, submitting a contact form, purchasing services, or otherwise engaging with my offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must not access or use this website or my services.

I reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page, with the "Last Updated" date revised accordingly. Your continued use of the website following any changes constitutes acceptance of the modified Terms.

Intellectual Property Rights

Unless otherwise indicated, this website and all materials contained herein—including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software—are the property of Heavener Kahana and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Permitted Use

I grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and view the content for personal, non-commercial purposes
• Download or print one copy of pages for personal reference
• Share links to content on social media platforms

Prohibited Use

You may not, without express written permission:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or services
• Systematically extract data or content to create a database or directory
• Use my content for commercial purposes, including in advertising or marketing materials
• Remove any copyright or proprietary notices from materials
• Frame or utilize framing techniques to enclose any trademark, logo, or proprietary information
• Use any meta tags or other hidden text utilizing my name or trademarks

User Representations and Warranties

By using this website and services, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• All information you provide is accurate, current, and complete
• You possess the legal capacity to enter into binding contracts
• You will use the website and services only for lawful purposes and in accordance with these Terms
• You will not use the website in any manner that could disable, overburden, damage, or impair the site
• You will not attempt to gain unauthorized access to any portion of the website or its systems

Coaching Services Disclaimer

The information, guidance, and recommendations provided are based on my professional experience, research, and expertise in fitness, nutrition, and lifestyle optimization. However:

• I am not a medical doctor, registered dietitian, or licensed healthcare provider
• My services do not constitute medical advice, diagnosis, or treatment
• Individual results may vary based on genetics, adherence, effort, and other factors
• Any testimonials or examples shown are not guarantees of similar outcomes

Consult Your Physician

Before beginning any exercise program, dietary modification, or lifestyle change, you should consult with a qualified healthcare professional, particularly if you:

• Have any pre-existing medical conditions
• Are taking prescription medications
• Have a history of heart disease, high blood pressure, or diabetes
• Are pregnant, nursing, or planning to become pregnant
• Have been advised by a physician to avoid physical activity

Never disregard professional medical advice or delay seeking it because of information encountered on this website or through my services.

Assumption of Risk

You acknowledge that participation in physical exercise, dietary changes, and lifestyle modifications involves inherent risks, including but not limited to:

• Muscle strain, sprains, or other minor injuries
• Cardiovascular stress during intense activity
• Allergic reactions or digestive discomfort from dietary changes
• Psychological stress from behavior modification efforts

You voluntarily assume all risks associated with implementing the recommendations provided, both known and unknown. You agree that I shall not be liable for any injuries, damages, or losses resulting from your participation in coaching services or application of the information provided.

Payment and Refund Policy

Pricing and Payment

All prices for coaching programs and services are displayed in Euros (€) and are subject to change without prior notice. Payment is required in full before services are rendered unless otherwise agreed in writing. I accept payment through secure third-party processors; I do not store your complete payment card information.

Cancellation by Client

For scheduled consultations and sessions:

• Cancellations made at least 24 hours in advance may be rescheduled without penalty
• Cancellations made less than 24 hours in advance may be forfeited at my discretion
• No-shows without prior notice will result in forfeiture of that session

Refund Policy

Refund eligibility is determined as follows:

• Single Sessions: Non-refundable once scheduled, but may be rescheduled per cancellation policy
• Multi-Week Programs: Refunds considered on a case-by-case basis within 7 days of purchase if no sessions have been conducted
• Completed Services: No refunds for services already rendered

To request a refund, contact me at info@heavenerkahana.nl with your purchase details and reason for the request.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Heavener Kahana, my affiliates, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or anticipated savings
• Personal injury or emotional distress
• Any other intangible losses

This limitation applies regardless of whether the damages arise from contract, tort (including negligence), strict liability, or any other legal theory, even if I have been advised of the possibility of such damages.

My total aggregate liability to you for all claims arising from or relating to these Terms or your use of the website and services shall not exceed the amount you paid for the specific service giving rise to the liability.

Indemnification

You agree to defend, indemnify, and hold harmless Heavener Kahana, my affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the website or services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the website shall be instituted exclusively in the courts of Amsterdam, Netherlands.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. However, I reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.

My failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by me.

Contact Information

If you have questions, concerns, or comments about these Terms of Service, please contact me:

I endeavor to respond to all inquiries within two business days.