The Law
These Terms and Conditions (“Terms”) apply between you, the User of our website and Sirius Intellect (“Sirius Intellect”, “we”, “us”, “our”), the operator of www.siriusintellect.com (this “website”) governing the use of our website and services whether booked through our website or another method (the “Services”).
Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our website and services. If you do not agree to be bound by these Terms, you should stop using our website and services.
- INTELLECTUAL PROPERTY
- All Content included on our website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sirius Intellect, our affiliates or other relevant third parties. By continuing to use our website you acknowledge that such material is protected by applicable national and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless otherwise indicated on our website or unless given express written permission to do so by Sirius Intellect.
- GENERAL CONDITIONS
- We reserve the right to refuse service to anyone for any reason at any time.
- Prices for our Services are subject to change without notice.
- We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
- We reserve the right, but are not obligated, to limit the sales of our Services to any person. We may exercise this right on a case-by-case basis.
- We do not warrant that the quality of any services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- BOOKING REQUEST
- You may send us a booking request by using our booking tool on our website.
- Please note that inaccurate or insufficient information provided by you may delay the preparation of or can lead to the rejection of a booking request.
- You agree to provide current, complete and accurate information for all booking requests made with us.
- You agree to promptly update your information, including your email address so that we can provide an offer and contact you as needed.
- BOOKINGS ON OUR WEBSITE
- To complete a booking, you first have to complete a booking using our booking tool. Then, this booking has to be accepted by us.
- To make a booking you must be 18 years of age or over and you will have to select the Services on our website, select your preferred date and time and, if you like, other optional services, and finally click on the “CONFIRM BOOKING” button.
- When you make a booking through our website you will receive an automated email confirming receipt of your booking request. The booking receipt email contains full details of your booking. Please note the booking receipt email is NOT already an acceptance of your booking.
- When your booking is accepted by us, we send you an email confirming your booking (“Booking Confirmation email”).
- Once you receive the Booking Confirmation email, your booking has been finally accepted by us and the Service Contract between you and us is concluded in relation to the Services actually provided. Such a contract is composed by: your booking request; our booking receipt and booking confirmation emails; the then current Terms of Service shall apply.
- CANCELLATION
- We will attempt to accommodate requests to reschedule the date of booking, but cannot guarantee that such requests will be honored, and acceptance of such requests is at our sole discretion. Any out-of-pocket costs associated with cancellation shall be your responsibility.
- If a booking is to be rescheduled a) due to a Force Majeure Event; or b) our unavailability; then we agree to reschedule a booking at the earliest possible mutually convenient date and time.
- Notwithstanding the foregoing, we have sole discretion to determine whether to reschedule a booking or to refund you.
- If a rescheduling request is received
- up to 7 days prior to a booking, we will refund the total value of the booking;
- less than 48 hours prior to a booking, we will charge at its sole discretion a cancellation fee of at least 50% and up to the value of the booking;
- less than 12 hours prior to a booking, we will charge at its sole discretion a cancellation fee of at least 100% and up to the value of the booking.
- WHEN BOOKINGS ARE NOT ACCEPTED
- While we do our best to always accept bookings, we could however refuse a booking in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; we discover that there was an error on our website relating to the Services you booked, for example as regards the price or description displayed; the Services you ordered are unfortunately no longer available.
- If we cannot accept your booking, we will contact you by email as soon as possible but in any case, no later than 7 days from the date of your booking. If we cannot accept your booking because the Services are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such booking.
- CHARGEBACKS
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer. If you make a card payment through our booking tool, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
- ACCURACY OF BILLING INFORMATION
You agree to provide current, complete and accurate purchase information for all bookings made with us. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on our website is inaccurate at any time without prior notice (including after you have submitted your booking).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.
- You expressly agree that your use of, or inability to use the Service is at your sole risk. The service and all and Services delivered to you is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Sirius Intellect, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any product, or otherwise made available via the service, even if advised of their possibility.
- Nothing in these terms and conditions excludes or restricts Sirius Intellect’s liability for death or personal injury resulting from any negligence or fraud on the part of Sirius Intellect.
- TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- DISCLAIMERS
- Sirius Intellect makes no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of our website is intended to constitute advice and the content of our website should not be relied upon when making any decisions or taking any action of any kind.
- You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of our website.
- The information on our website and in our chatbot is intended to furnish users with general information on matters that they may find to be of interest. While every effort has been made to offer current and accurate information, errors can occur. Furthermore, our website and chatbot may contain references to certain laws and regulations that will likely change over time and should be interpreted accordingly and only in light of particular circumstances. The information provided on our website or by our chatbot is not tax advice and is information purposes only.
- AVAILABILITY OF OUR WEBSITE
- The Service is provided “as is” and on an “as available” basis.We give no warranty that the Service will be free of defects and/or faults.To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Sirius Intellect accepts no liability for any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- SEVERANCE
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- LAW AND JURISDICTION
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the State of California. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of California.
We appreciate your interest in our Privacy Policy. At Sirius Intellect, we take the protection of your data very seriously, and in the below we explain what data we collect when you use our website and services and how it is used.
General Information
What law applies?
Our use of your Personal Information is subject to California Consumer Privacy Act and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CCPA”), and of course we process your Personal Information accordingly.
What is Personal Information?
Personal Information is any information relating to personal or material circumstances that relates to an individual. This may include a name, date of birth, e-mail address, postal address, or telephone number but also online identifiers such as IP addresses or device ID`s.
What is processing?
“Processing” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means. The term is broad and covers virtually any handling of data.
Who is responsible for data processing?
The responsible party within the meaning of the CCPA is Sirius Intellect. If you have any questions or if you wish to exercise your rights, please contact us using [email protected], or use our Contact Form.
What are the reasons for processing your Personal Information?
We will process your Personal Information:
- you have given your consent;
- the data is necessary for the fulfillment of a contract / pre-contractual measures;
- the data is necessary for the fulfillment of a legal obligation; or
- the data is necessary to protect the legitimate interests of our company and business.
Is there an obligation for me to provide data?
Within the scope of our business relationship, you are only required to provide Personal Information that is necessary for the establishment, implementation, and termination of a business relationship or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an existing contract and may have to terminate it.
How long do we retain your Personal Information?
We process and store your Personal Information only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with California`s Commercial Law and Fiscal Code and others for up to 6 years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
Data we collect automatically.
Log data
Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing.
Hosting
We use the hosting services of GoDaddy.com for the purpose of hosting and displaying our website. GoDaddy does so on the basis of processing on our behalf, and that also means that all data collected on our website and shop is processed on GoDaddy’s servers.
Cookies
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. For further information on the cookies we use, please refer to our Cookie Policy.
Data we collect directly
Contacting us
In addition to your name, company name, and e-mail address, IP address or telephone number, if provided, we usually collect the context of your message which may also include certain Personal Information. The Personal Information collected when contacting us is used to handle your request.
ChatBot
The Personal Information you provide as part of your ChatBot request and your IP address are processed for the purpose of responding to your request. When using our ChatBot, your data will be transferred to us and used only for the purpose of handling your request. Please note that the use of the ChatBot is on a voluntary basis. You are free to contact us by other means.
Booking a Consultation
For booking a consultation in an easy and convenient way, we use GoDaddy. Your data from the form will be transferred to our appointment account at GoDaddy after you press the “Book appointment” button. You will then receive a confirmation email with a link to the consultation.
It is also possible for you to register for an account. For this purpose, you will need to provide your Full Name, Phone Number and can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your booking history.
Payment Data
Your payment will be processed via our payment service provider GoDaddy Payments (GoDaddy.com). Payment data will solely be processed through GoDaddy, and we have no access to any Payment Data you may submit.
When using our services
We process the Personal Information involved in your use of our services in order to be able to provide our contractual services. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services.
Customer support
For optimal customer support, we may store the data related to our customers in our customer relationship management (CRM) and enterprise resource planning (ERP) system provided by Zapier.
General Principles
Who receives your data?
Within Sirius Intellect, those that need your data to fulfill our contractual and legal obligations will receive access to it.
Processors used by us may also receive data for these purposes. These are companies in the categories of IT services, telecommunications, and sales and marketing. Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of Personal Information in accordance with the relevant legal provisions.
Data is only passed on to third parties within the framework of legal requirements. We only pass on users’ data to third parties if this is necessary, for example, for contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data.
How do we secure your data?
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Information processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised as expeditiously as possible after which the breach was discovered.
Marketing
Insofar as you have also given us your consent to process your Personal Information for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.
Our Marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website – for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following Personal Information may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). For further information, please refer to our Cookie Policy.
Your Rights and Privileges
Privacy rights
Under the CCPA and the CPRA amendment, you can exercise the following rights:
- Right to Know/Access
- Right to Delete
- Right to Opt-out of Sale
- Right to Non-Discrimination
- Right to Rectification
- Right to Limit Use and Disclosure of Sensitive Personal Information
Further, California’s “Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Information using the contact details provided.
COPPA (Children Online Privacy Protection Act)
We do not specifically market to children under the age of 13 years old.
CAN SPAM Act
In accordance with CAN SPAM, we agree to unsubscribe you from receiving future emails and ALL other correspondence, immediately if you ask us to do so.
Controls For Do-Not-Track Features
At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. If a standard for online tracking has to be adopted, we will do so and will inform you about that practice in a revised version of this policy.
Telephone Consumer Protection Act (TCPA)
If we are sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’.
Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
Access Request
In the event that you wish to make an access request, please contact us in writing. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we will tell you why.
Complaint to a supervisory authority
You have the right to lodge a complaint about our processing of Personal Information with a supervisory authority responsible for data protection. In California this is the California Privacy Protection Agency, www.cppa.ca.gov. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
Changes
We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy, we will revise the effective date.
Effective Date
Wednesday, January 24th, 2024
Questions
If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.
This Cookie Policy explains what cookies are, how we, Sirius Intellect, use cookies on our website www.siriusintellect.com (“our website”), how third parties we work with may use cookies on our website, and your choices about cookies.
What are cookies?
Cookies are small text files that are placed on your computer by the websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The use of cookies is now standard for most websites.
The cookies we use
We use three categories of cookies on our sites:
- Necessary Cookies
These cookies are necessary for the website to operate. Our website cannot function without these cookies, and they can only be disabled by changing your browser preferences.
- Analytical/Performance Cookies
These cookies allow us to measure and report on website activity by tracking page visits, visitor locations and how visitors move around the site. The information collected does not directly identify visitors. We drop these cookies to help us analyze the data.
- Marketing & Social Media Cookies
Marketing cookies help us provide you with personalized and relevant services or advertising and track the effectiveness of our digital marketing activities. Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit.
We utilize cookies, and other online identification technologies such as web beacons, or pixels to provide users with an improved user experience.
Analytics
We use Google Analytics provided by Google, on our website. Google Analytics also uses cookies to enable our website to analyze how users use our website across multiple devices. The information generated by the cookies about your use of our website is transmitted to and stored by Google. The following data is processed through the use of Google Analytics: i) 3 bytes of the IP address of the called system of the website visitor (anonymized IP address), ii) the website called up, iii) the website from which the user reached the accessed page of my website (referrer), iv) the subpages accessed from the website, v) the time spent on the website, and vi) the frequency with which the website is accessed. Google states that it will not associate your IP address with any other data held by Google. The legal basis for the processing is your consent in conjunction with our legitimate interest. You can disable tracking by Google Analytics with future effect by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser following this link http://tools.google.com/dlpage/gaoptout?hl=en.
Pixel Cookies and Tags
We use so-called Pixel Cookies and Tags (“Pixel Cookies”). A Pixel Cookie is an advertising tool and typically consists of a JavaScript code snippet that allows us to understand and track visitors’ activity on our website. For this purpose, Pixel Cookies collect and process information about visitors of our website and the device used (so-called event data).
Event data collected through Pixel Cookies is used for targeting our advertisements and improving ad delivery and personalized advertising. For this purpose, the event data collected on our website by means of Pixel Cookies is transmitted to the relevant operator of the Pixel Cookie and in part, also stored on your device. However, this only happens with your consent, and we and the relevant operator of the Pixel Cookie are considered joint controllers. Nonetheless, for the subsequent processing of the transmitted Event Data, the relevant operator of the Pixel Cookie is the sole controller.
For more information about how the relevant operator of the Pixel Cookie processes personal data, including the legal basis on which they rely on and how you can exercise your rights against, please refer to the following Privacy Policies: Facebook, Instagram, X,TikTok and YouTube (Google).
How to control cookies?
You can set your web browser to disable cookies. Please note that most browsers offer different ways to protect your privacy. If you do not activate or deactivate certain cookies via the browser settings, it is possible that certain functionalities will not be available to you as expected.
You can configure the use of cookies in your browser settings by following the relevant link Google Chrome, Mozilla Firefox,Microsoft Edge, Opera, Safari at any time or deactivate them completely.
Please note that if you disable cookies in this way, you will not be able to set new cookies. However, it will not prevent previously set cookies from continuing to work on your device until you clear all cookies in your browser settings.
Changes
We may update this Cookie Policy from time to time. If we make changes to this Cookie Policy, we will revise the effective date.
Effective Date
Wednesday, January 24th, 2024
Questions
If you feel that the above is not sufficient or if you have any queries as regards the collection, processing, or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.