Terms of Use, Medical Disclaimer & Privacy Policy

Part 1: Terms of Use & Medical Disclaimer

1. Acceptance of Terms, Free Consent & Eligibility

• Unconditional Acceptance: By visiting, browsing, and navigating this website, you acknowledge and agree that your presence constitutes a complete, voluntary, and unconditional acceptance of all terms, conditions, and disclaimers detailed herein.
• Assumption of Risk: Your use of this website and our services is entirely at your sole risk.
• Capacity and Free Will: By booking an energy session or purchasing any service, you fully declare and warrant that you are of sound mind, acting out of your own free will, and entering into this agreement without any undue force, pressure, coercion, or influence.
• Legal Age: You further warrant that you possess the legal right, authority, and capacity to enter into this contract under the laws of New Zealand and your country of residence (being at least 18 years of age or possessing official parental/guardian consent).
• Right to Terminate: In the event of any subsequent legal or mental disability to contract, we reserve the right, at our sole discretion, to restrict, modify, or terminate this agreement and your access to our services.

2. No Medical Advice & Holistic Scope

• Educational Purpose Only: All services, sessions, and content provided by Málama (Katerina Kyrou) on this website are designed and published strictly for educational, informational, spiritual, and personal development purposes.
• Holistic Modality: The Emotion Code® is a holistic energy modality aimed at identifying and releasing trapped emotional energies.
• No Medical Substitution: It is not an approved medical treatment under New Zealand medicines legislation, and it is not a substitute for professional medical, psychiatric, or psychological evaluation, diagnosis, care, and treatment.
• As-Is Provision: Services are provided on an “as is” and “as available” basis without any express or implied warranties of success, guaranteed clinical outcomes, or cures.
• No Clinical Claims: We do not provide medical advice or treat any physical, mental, or emotional disease or disorder.

3. Medical Emergencies

• Immediate Action Required: If you believe or suspect you are experiencing a medical emergency, you must immediately call Emergency Services in New Zealand (111), contact your primary physician, or proceed to the nearest hospital emergency department.
• Reliance at Own Risk: If you choose to rely on any information provided on this website, you do so entirely at your own risk.

4. Separation of Professional Background

• Distinct Roles: While I possess a professional background in healthcare, my services as a Certified Emotion Code® Practitioner are entirely separate and distinct from clinical medical, nursing, or clinical healthcare practices.
• Non-Clinical Interaction: During our sessions, I act strictly as a holistic practitioner and not as a clinical medical professional.
• No Clinical Intervention: I do not prescribe medications, perform physical examinations, or make clinical medical diagnoses.

5. Medical Prescriptions

• Consult Your Doctor: Clients are strictly advised never to alter, reduce, or discontinue any medically prescribed treatments, pharmaceutical medications, or psychological therapies based on information or insights received during an energy session, without first consulting their primary prescribing doctor.

6. Subconscious Testing & Remote Proxy Sessions

• Energetic Assessment Only: The Emotion Code® utilises applied kinesiology (muscle testing) to communicate with the subconscious mind. This testing serves strictly as an energetic assessment tool and must not be interpreted as a medical or scientific diagnosis.
• Distant Field Connection: Sessions can be performed effectively from a distance via proxy testing, where the practitioner establishes an energetic connection to the client's field.
• Proxy Liability: By booking a remote session, you agree that distant energy clearing carries the exact same terms, conditions, and liability limits as an in-person session.

7. Intellectual Property & External Links

• Proprietary Rights: Katerina Kyrou / Málama — Katerina's Birth & Being owns and retains all proprietary rights, including copyright and trademarks, for all text, graphics, logos, and digital assets on this website.
• Copyright Restrictions: Except for information in the public domain, you may not copy, modify, republish, distribute, perform, or sell any content without express written consent.
• Third-Party Risk: External links to third-party sites are followed at your own risk; we assume no liability for external claims or content.

8. Non-Commercial Personal Use & Site Security

• Personal Use Only: This website is intended exclusively for the personal, non-commercial use of individual clients.
• Prohibited Exploitation: You are strictly prohibited from using our scheduling system, contact forms, or content for any commercial endeavours, advertising, or spamming.
• No Spam: You agree not to transmit any chain letters or junk email through this platform.
• Automated Scraping: You agree not to employ any automated processes, software, scripts, or bots to view, harvest, or interact with this site.
• Remedies for Breach: We reserve the right to recover any illicit profits gained from unauthorised commercial exploitation and may restrict or terminate your access to this website at any time, at our sole discretion, without prior notice.

9. Cancellation, Rescheduling & Consumer Rights

• Rescheduling Policy: Rescheduling must be processed at least 24 hours in advance of your scheduled appointment time. If you are unable to provide at least 24 hours' notice, you will be charged in full and your original session slot is forfeited.
• Missed Appointments (No-Show): If you are more than 10 minutes late for the scheduled appointment time, your session will be automatically cancelled as a no-show, and you will be charged in full for the session.
• Emergency Re-booking Fee: We understand that true emergencies happen and can be taken into consideration on a case-by-case basis at the sole discretion of the practitioner. If an emergency request is approved, your original payment remains non-refundable, but you will be permitted to book a replacement time slot for a discounted $20 administrative fee.
• Statutory Protections: Subject to your statutory rights under the New Zealand Consumer Guarantees Act 1993 (CGA), if you choose to cancel or terminate our professional relationship outside of our authorised parameters, you will not be entitled to a refund for any sessions already completed or digital materials provided. We reserve the right to refuse, restrict, or terminate services to any individual at any time, for any reason, via written email notice.

10. Limitation of Liability, Indemnity & Governing Law

• Liability Cap: To the maximum extent permitted by applicable New Zealand law (including the Consumer Guarantees Act), the total liability of Katerina Kyrou / Málama — Katerina's Birth & Being for any claims, losses, or damages arising out of your use of this website or our sessions shall be strictly limited to the actual monetary amount paid by you for that specific service.
• Indemnification: You agree to indemnify, defend, and hold harmless Katerina Kyrou / Málama — Katerina's Birth & Being from any liability, loss, claim, or expense (including reasonable legal fees) resulting from your breach of these Terms.
• Jurisdiction: Any legal dispute arising from this agreement shall be governed exclusively by the laws of New Zealand, and the courts of Auckland shall have exclusive jurisdiction.

Part 2: Privacy Policy (New Zealand Privacy Act 2020)

1. Data Collection and Usage

• Voluntary Information: We collect personally identifiable information (such as your name, email address, phone number, and brief intake notes regarding trapped emotions or energetic assessments) that you voluntarily submit when booking a session or contacting us.
• Purpose of Collection: This data is used solely to manage your appointments, facilitate billing, and improve your client experience.
• No Selling of Data: We do not sell, rent, or lease your personal data to third parties for marketing purposes.
• Indirect Collection (IPP 3A): In accordance with the Privacy Act 2020, if your personal information is provided to us indirectly by a third party (for example, if someone else books a session or buys a gift voucher on your behalf), we will take reasonable steps to notify you directly via email that your information has been collected, detailing how it will be managed and outlining your rights under the Act.

2. Cybersecurity & Data Protection

• Security Frameworks: We implement industry-standard security measures, including regular malware scanning and Secure Socket Layer (SSL) encryption technology, to ensure your sensitive data is safely transmitted and protected against loss, misuse, or unauthorised access.
• Confidentiality Protocols: Your personal data and session records are kept strictly confidential and remain accessible only to authorised personnel bound by legal confidentiality agreements.

3. Third-Party Platforms & Payment Security (PCI-DSS)

• Trusted Processors: To operate efficiently, we utilise trusted third-party service providers (such as Calendly, Stripe, Zoom, and Squarespace).
• Secure Financial Transacting: All financial transactions are processed through these secure payment gateways and are never stored or processed directly on our servers.
• Compliance Standards: These payment processors adhere strictly to global PCI-DSS safety standards.

4. Data Retention & International Transfers

• Retention Boundaries: We retain your personal information only for as long as necessary to fulfil your session bookings, comply with New Zealand tax and legal requirements, or resolve disputes.
• Cross-Border Transfers: Because our third-party software providers operate globally, your data may be transferred to and maintained on servers located outside of New Zealand, under safe data-sharing parameters.

5. Cookies, GDPR & Global Data Rights

• Traffic Analysis: We use cookies to analyse web traffic and optimise your user experience.
• European Rights (GDPR): If you reside within the European Union, you are protected by the GDPR and hold the right to access, rectify, restrict, or request the permanent deletion of your personal data from our records at any time by contacting us via email.
• Global Visitors & United States Residents: We extend data transparency rights to all individual clients globally. Regardless of your country or US state of residence (such as California, Washington, or Texas), you may email us to access, correct, or request the erasure of your personal data.
• Cross-Border Consent: By voluntarily submitting wellness-related or personal information through our booking forms from outside New Zealand, you explicitly consent to the cross-border transfer, storage, and processing of your data on our secure systems under New Zealand law.

6. Complaints & Amendments

• Inquiries: If you have any questions regarding this Privacy Policy or wish to lodge a complaint about how your data is handled, please email us directly at malamabirthandbeing@gmail.com.
• Response Timeline: All inquiries will be investigated within 30 days.
• Regulatory Recourse: If you remain unsatisfied with our response, you retain the statutory right to file an official complaint with the Office of the New Zealand Privacy Commissioner (www.privacy.org.nz).
• Policy Evolution: We reserve the right to modify or update this Privacy Policy at any time.

Booking Software Intake Acknowledgement

The following text is used as a mandatory checkbox field that clients must accept before completing their appointment booking.