Welcome to our website https://meeraremani.newzenler.com
We are “Meera Remani Coaching” (hereinafter the “Provider”, “Coach”, “we” or “us”, a trade (in German: Gewerbe), duly registered and validly existing under the laws of Germany as Meera Remani, tax registration number (in German: Steuernummer) 144/144/10406, VAT ID No.: DE313840477, with registered office address at Kapellenweg 7, 85625 Baiern GT Berganger, Germany.
We offer our services through the website and its sub-domains or affiliate sites, as well as through other tools available, such as, but not limited to course creation, digital and marketing platforms, digital collaboration platforms (e.g. newzenler.com, acuityscheduling.com, zoom.com, etc.), as well as through all social media profiles and pages associated to Meera Remani and/or the brand “Meera Remani Coaching” (e.g. Facebook, Instagram, Linkedin, etc.), all hereinafter referred to as the “Platform”.
You can connect with us through our social media platforms and contact us at email@example.com
We are a service provider. It is important that you understand what this means in terms of the services that you acquire from us, and the regulatory protections available to you. We have explained this in more detail in section 8 and following, and we strongly recommend that you read that section, in particular, and the entire terms and conditions herein, carefully before using all or any part of our platform.
Please carefully read and consider this entire document! It contains the information you need before choosing whether or not to enter into a distance contract with us, and terms and conditions applicable to the use of our Platform and to the services that we offer, which may supplement or constitute your entire written agreement with us, as per the agreed terms of your contract with us.
When visiting our website, in search for a service that we can offer you, or interested in learning more about us, you are a “User
” of our website.
When you request a service on our platform and we confirm your order, as we have explained in more detail in section 8 – Nature & Scope of Client – Coach Relationship, you become our “Client”, entering into a distance contract with us i.e. concluded through electronic means of communication.
By accessing, visiting, surfing, registering on, placing an order or otherwise using or engaging with our platform (hereinafter “use”, “using”, “usage”), either as a visitor, guest user or an account holder, you agree to the clauses contained herein. They constitute the entire agreement between yourself, as user and/or client (hereinafter also “you”), on the one hand side, and us, as provider, on the other.
IF YOU DO NOT UNDERSTAND AND AGREE WITH ANY/ALL OF THESE TERMS, DO NOT USE OUR PLATFORM, DO NOT REGISTER ON OUR PLATFORM, DO NOT OPEN AN ACCOUNT ON OUR PLATFORM, DO NOT PLACE AN ORDER ON OUR PLATFORM AND DO NOT PURCHASE OUR PRODUCTS AND/OR SERVICES FROM US!
for information on Meera Remani Coaching’s data processing practices, and tracking devices policy, and any/all other amendments from time to time posted on our website or otherwise communicated to you, before using our website. They constitute an integral part of this agreement between you and us.
3. For Educational Purposes Only
3.1. The information contained on our Platform and the resources available for download through our Platform are for educational and informational purposes only.
4.1. In order to fully use the platform, you represent, warrant and covenant that:
4.1.1. You are 18 years of age and/or of full capacity to contract.
4.1.2. You are only using the website for your own personal use or as a person with appropriate authority on behalf of a legal entity.
4.1.3. You comply with all applicable laws, rules and regulations.
4.1.4. You adhere to all our published terms then in effect.
4.1.5. You understand, accept and agree that all communications with us will be conducted online or remotely (e.g. through another online platform, e-mail, telephone, etc.), as the online medium is of the essence of our website.
4.1.6. You are responsible for ensuring that all persons who use our website through your internet connection are aware of these terms and that they comply with them.
4.1.7. It is strictly prohibited to use the website in an abusive manner. An “abusive” use of the website is any use in a manner or way which is against custom commercial practices, applicable laws, rules and regulations, and in any other way which may prejudice us or our affiliates or partners.
4.1.8. You will not:
(i)reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the website or any software, documentation or data related to the website (“Software”);
(ii)modify, translate, or create derivative works based on the website or any Software (except to the extent expressly permitted by us or authorised within the website);
(iii)use the website or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;
(iv)introduce or permit the introduction of any virus into our IT systems;
(v)access all or any part of our website in order to build a product or service which competes with us;
(vi)remove any proprietary notices or labels; or
(vii)share your login credentials with anyone.
4.1.9. Where other platforms or services are integrated with our Platform, you represent, warrant and covenant that you adhere to all of their published terms and conditions then in effect, and you are solely responsible to read, understand and stay up to date with their most recent changes and updates.
5. Content on Our Platform
5.1. (i) Any/all content or information included, made available or communicated by us, through any means, and in any part of the world, written or oral, including but not limited to text, published materials, presentations, document creation flow, drafts, templates, procedures, work flows, sound, audio clips, graphics, page headers and footers, user interfaces, visual interfaces, image (static or dynamic), logos, artwork, buttons, icons, scripts, service names, digital downloads, data compilations, features, functionality, customization, computer code, software, applications, inventions or other technology, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the platform
(ii) As well as the compilation of any of the above, and
(iii) As well as any enhancement, improvement, or modification of any of the above, and
(iv) Any/all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, registered or not, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world, and any/all intellectual property rights related to any of the foregoing, included, made available or communicated by us, through any means, and in any part of the world,
hereinafter all of the above being referred to as “Meera Remani Intellectual Property Rights” or “IPRs”,
are and shall remain the exclusive property of Meera Remani or its licensors, as the case may be.
5.2. You will have no rights or claims regarding Meera Remani IPRs.
5.3. You shall not act in any way that could infringe the Meera Remani IPRs.
5.4. You shall not use in your activity any Meera Remani Intellectual Property similar or identical to Meera Remani IPRs, either as part of a name or in any other way.
5.5. You shall not, without our prior written express consent, copy, extract and/or re-utilize all or any part of Meera Remani IPRs.
6.1. Subject to your compliance with these Terms, Meera Remani or its licensors grant you a limited, non-exclusive, royalty-free, non-transferrable, non-sublicensable license to access and use, for personal and non-commercial purposes only, the Meera Remani IPRs. This License does not include any resale or commercial use of the website or its contents.
6.2. No content included on the website, nor any part of the website may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
6.3. You may not misuse in any way the website. You may use the website only as permitted by law. The licenses to use the website granted by us hereunder shall terminate with immediate effect and without any further notice being required, if you do not comply with these Terms.
7. User-generated Content
7.1. All content (text, photo, video, etc.) that you post to the platform, more generally, or our website, specifically (such as reviews, your interactions with us on the Platform, any messages sent, social media posts you tag, social media shares, or comments left on social media, irrespective of their form, whether written, audio or recorded, and irrespective of whether they are made publicly or privately), hereinafter referred to as “Content” is the sole responsibility of the person who created such content.
7.2. By sharing such content with us in any manner whatsoever, you provide us an exclusive, unlimited (both in time and territory), royalty-free, transferrable, sub-licensable license to access, use, modify, distribute, for personal and commercial purposes, as we may deem fit, any and/or all such content.
7.3. Although we do not routinely monitor content posted by users, we reserve the right to do so and remove content that violates these Terms (or applicable law) of which we are aware, but we have no obligation to do so.
7.4. In the event that we are held liable for the content posted by users on the website, we reserve the right to sue the user in question for full compensation for the damage suffered.
7.5. Any use or reliance on any content or materials posted through the website or platform or obtained by you through the website or platform is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove such content from the website or platform without your consent or giving prior notice.
7.6. We do not encourage, support, represent or warrant in any way the accuracy of the content or users on existing content through the website or platform, they are solely responsible for such content.
7.7. By using the website or platform, you understand and agree that you may be exposed to content that may be defamatory, derogatory, inaccurate or inappropriate, or that in some cases there may be misleading posts. We will not be liable in any way for this content, including, but not limited to, errors or omissions or for any material or moral, direct or indirect harm that has been posted, emailed or transmitted, through socialisation or made public in any other way through the website or in any other context.
7.8. You shall not use the website or platform:
7.8.1. in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction.
7.8.2. for any purpose not permitted by these Terms.
7.8.3. in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights.
7.8.4. to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind, including with respect to competitors, potential competitors, etc.
7.8.5. in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other user, visitor or the Coach.
7.8.6. in any way that, whether intentional or not, promotes or incites racism, violence, hatred or physical or moral harm of any kind.
7.8.7. in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit.
7.8.8. post photos or pictures of another person without their permission (and if they are a minor, with the permission of the minor’s legal guardian).
7.8.9. to promote activities that are illegal or in any way conducive to the encouragement, acquisition or pursuit of any illicit or criminal activity or that may cause harm, suffering or distress to any person;
7.8.10. access, manipulate, damage or use non-public areas of our company’s Services, IT systems, servers or equipment or our technical delivery systems.
7.8.11. access or attempt to access the data of other users or penetrate, access, penetrate any of the security measures related to the Products or probe, scan or test the vulnerability of any system or network or infringe or avoid any security or authentication measures.
7.8.12. in any way that, intentionally or unintentionally, misleads or misleads the Coach, another user or visitor of the website.
7.8.13. introduce any malware, virus or other malicious software that harms or interferes with the operation of the website, including, but not limited to, cancelbots, denial of services, time bombs, worms, Trojans, viruses or any other malicious software or hardware.
7.8.14. interfere with or obstruct (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailing services or writing scripts that create content so as to interfere with or create an unjustified burden on services.
7.8.15. copy, modify or distribute the content of other users without their consent.
7.8.16. for commercial purposes other than those expressly permitted in these Terms.
7.8.17. circumvent the measures used to prevent or restrict access to the website.
7.8.18. to request or provide illegal services.
7.8.19. collect information about other users or visitors without their consent.
7.8.20. gain unauthorised access to the website, the server on which the website is stored, or any server, computer, or database connected to the website.
7.8.21. falsify any TCP / IP packet header or any part of the header information in any e-mail or post, or in any way use the Products to send altered, misleading or false source information.
7.8.22. scrape, crawl or store or otherwise use the website or any content for phishing, spam, trolling or any unauthorised (commercial) purpose; or
7.8.23. to promote or support or solicit involvement in any other political, religious (recognised as organised or unorganised), cult or sect, platform, or cause of any kind.
8. Terms of Service
8.1. In the case of the provision of Services, such as executive and leadership coaching services to private individuals and organisations, including but not limited to 1:1 (individual) coaching engagements, team and group coaching engagements, workshops, keynotes and fire-side sessions, optimised and customised executive and leadership programs, trainings and materials on a subscription-basis, masterminds, through online/remotely, face-to-face or blended means, to clients worldwide, through the platforms and/or channels as agreed with clients, from time to time, please bear in mind that you are solely responsible for the information and documents communicated or transmitted in any way to us.
8.2. We reserve the full right and authority, in our sole discretion, to organise, operate and lead the platform and any program provided through it, add on, eliminate or make any changes whatsoever.
8.3. By signing up for one of our programs, you understand and agree that you may work with different team members, and within different cohorts, throughout the term of the program and as progress through the program. We reserve the right to make program changes with the intent of improving the client experience at any time. In the event of a program change, a 30 day notice would be provided.
8.4. By signing up for one of our programs, you understand and agree that the schedule for coaching sessions with other members of the program is subject to change with or without notice to you and shall be set forth and determined solely by us. The coaches assigned to the calls, including, without limitation, Mrs Meera Remani, may vary based on our sole determination and discretion for the enhancement of the program delivery. No such variance shall modify the terms, conditions and obligations of the parties set forth in these Terms.
8.5. Services that we provide to you are customised according to the details you provide to us and cannot be passed on to any third party. Any decision you make based on the Services provided by us, including through our blog, is wholly yours and we are not liable for any damages, direct or indirect, fines or any other fees or penalties which you may later incur.
8.6.Please note that the transmission of requests for information or advice through the Platform, in the absence of payment, does not bind us in any way or oblige us to provide you with an answer. We reserve the right, in our sole discretion, to choose to respond to certain requests in writing, orally or through articles, while respecting confidentiality.
8.7.We will not be liable for any damages, direct or indirect, arising out of the failure to provide us with all the data, failure to provide it in a timely manner or the fact that the information submitted is erroneous or incomplete.
9. Nature and scope of the Client – Coach Relationship
9.1. The following terms and conditions apply in relation to our Client – Coach relationship, where such Services are requested from us, and we agree to enter into and sign a contract with you:
9.2. We are a coaching services provider and we offer executive and leadership coaching services to private individuals and organisations, including but not limited to 1:1 (individual) coaching engagements, team and group coaching engagements, workshops, keynotes and fire-side sessions, optimised and customised executive and leadership programs, and the same as delivered online/remotely, face-to-face or blended, to clients worldwide, through the platforms and/or channels as agreed with clients, from time to time, through our coaches and/or experts.
9.3. The coaching relationship that is created with a client is construed as a partnership between the Coach and the Client, in a thought-provoking process, spread out through a predetermined period of time, designed to inspire the Client to maximise personal goals. The coaching program is designed to facilitate the creation/development of personal goals and to develop and carry out a plan for achieving those goals.
9.4. We provide the coaching programs, and in doing so we act diligently, with a reasonable amount of care that is required from a professional acting in such capacity. It being clarified that we do not have a result obligation towards the Client, and do not guarantee or promise in any way that you will attain certain or any other specific results.
9.5. In addition to any other rights as provided herein or by law, we have the full right and liberty to organise the coaching program, in accordance with our experience and expertise.
9.6. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the coach. As such, by entering into a coaching services contract with us, you expressly agree that we are not and will not be liable for any action or inaction, or for any direct or indirect result of any services provided by us.
9.7. Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat mental disorders or medical disease.
9.8. Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association or a similar body in another country or jurisdiction, and that participating in one of our programs is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health care professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and Meera Remani Coaching.
9.9. In order to further the coaching relationship, you shall communicate honestly, be open to feedback and assistance and to create the time and energy to participate in the program as it is designed.
9.10 Participating in the Program is a comprehensive process that may involve different areas of your life, including health, well-being, work, finances, relationships, education and recreation. Deciding how to handle these and other issues that may arise during the Program, incorporating coaching principles into those areas and implementing choices is exclusively your responsibility.
9.11. Sessions begin and end on time, in honour of the Coach-Client commitment. You are responsible to join the conference call link provided by the Coach, on time. In case either party needs to cancel or reschedule a session, a notice period of 24 hours is required. If you cancel without the requisite notice or there is a delay of more than 10 minutes to join the session without prior notice (except for emergencies), it will be considered as a no-show and the session will be forfeited.
9.12. So that you receive maximum benefits from the coaching relationship, we recommend the following commitment from the Client:
9.12.1. Conducting all coaching calls from an environment in which you will be able to fully concentrate and focus (free from interruptions), with a stable internet/phone connection. This excludes coffee shops and car journeys! Privacy is important.
9.12.2. Committing to taking appropriate and necessary action to achieve the coaching objectives and agree to be fully present for the coaching, mentoring and training experience. You take full responsibility for your outcomes and results and commit to maintaining an open and honest dialogue with the Coach.
9.12.3. Completing and communicating action items that you have committed to between sessions.
9.12.4. Communicating any concerns about the program or feedback immediately as they arise. If you believe that the coaching is not working as desired, you will communicate and the Coach and Client will take joint action to return the power to the coaching relationship.
10. No Professional Advice
10.1. The information contained on this Platform and the resources available for download through our platform is not intended as, and shall not be understood or construed as, professional advice. While the employees, owners, guests or other collaborators of the Coach are professionals and the information provided on this platform relates to issues within each of their respective areas of professionalism, the information contained on this platform is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
10.2. We have done our best to ensure that the information provided on this platform and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through our platform should be understood as a recommendation that you should not consult with a professional to address your particular information. Coach expressly recommends that you seek advice from a professional.
10.3. Neither Coach, nor any of its employees, guests or collaborators shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
11. Service Delivery
11.1. Services shall be delivered:
11.1.1. In the case of coaching services – online/remotely, face-to-face or blended, through the platforms and/or channels as agreed with you, from time to time, and which shall be specified in your contract.
11.1.2. In the case of any leaflet, free content available for download on our platform, events which require registration - in electronic format, by providing you with a code, download link or other method that we provide and that we will communicate to you by e-mail or through other means.
11.2. Delivery will be made after full payment of the digital products or services, where applicable.
11.3. Please check constantly in your inbox as well as in the SPAM / JUNK / other / promotions / updates folders, depending on the email client you have.
11.4. The download link will be valid only at the moment of registration or of the payment confirmation, by e-mail, as the case may be. If you do not immediately download the product, you will not be able to access it later, unless you go again through the registration process. It is very important that you enter a valid email address when placing your order, which you currently use, as this is where you will receive all the details.
11.5. In some cases, delivery of the services may entail the download of a certain software or application, for a fee or free of charge, depending on the conditions applicable to your order, which will be communicated to you before the completion of your order. If necessary, we will inform you about the available delivery methods and you will be able to choose one of these methods before completing your order.
11.6. We reserve the right to delay or cancel any delivery if this cannot be honoured for reasons beyond our control, which include but are not limited to Events of Force Majeure, as further defined herein.
12. Right of Withdrawal
12.1. Please note that the services on our platform are services for which the law does not require us to offer a right of withdrawal and, implicitly, the return of any amounts of money already paid.
12.2. Our services include: (a) digital licenses (username and password access), (b) electronic documents, (c) services, for which you expressly agree that the amounts paid will not be refunded, delivery being deemed completed at the time of payment in exchange for access, in the case of points (a) and (b) above, and at the time of performance of services in the case of (c) above.
12.3. In exceptional cases, we may decide, in our sole discretion, to reimburse certain amounts (total or partial) based on certain particular cases, in accordance with our commercial policy, but it does not entail our liability or obligation to do so.
13. Termination Rights
13.1. We may, at any time, terminate the provision of Services with immediate effect without notice, or the requirement of any court order or intervention, and with no liability to make any reimbursement to you, and/or with no obligation to forgive any part of or all payments, if you:
(i) become disruptive in the program or difficult to work with;
(ii) fail to pay the whole or a part of the investment as per the terms of the program;
(iii) fail to provide the information as lawfully requested in accordance with these Terms and the applicable law;
(iv) fail to comply with these terms and conditions.
13.2. Additionally, we reserve the right to terminate any part or all of the platform, the website, or any services offered through them at any time, wholly or partially, or we may choose to suspend access to you as an individual user or to all users on the world wide web, without having to justify the cause.
14. Special Cancellation Rights - Subscription-based Services Only
14.1. If you have signed up for a subscription-based program, membership or similar, and only in this specific and limited circumstance, you have the right to cancel your subscription by giving 14 days prior written notice to us. You will not be entitled to any reimbursement of subscription fees for services already rendered to you.
15. No Refund Policy
15.1. Due to the nature and method of delivery of the Services, we do not provide any refunds. We reserve the right in our sole discretion to consider any special circumstances that may occur in your life, provided you contact us in a timely manner and it is feasible for us to find a working solution.
16. Fee & Payments
16.1. The fees for the Services are those displayed on our platform or communicated to you at the time of completing an order, by submitting a proposal to you.
16.2. The fees are expressed in Euros, and are exclusive of:
16.2.1. any VAT which may be due and payable according to the applicable legislation in force.
16.2.2. Any third-party fees or costs, which may be necessary in the performance of the services you have requested and acquired from us, and which shall be due and payable in addition to our fees, in order to deliver the services to you.
16.2.3. any shipping or delivery charges, unless expressly stated at the time the order is completed.
16.3. We will be able to update the fees of the Services at any time, and such an update will replace any fees previously displayed or communicated for those services. 14.4. For those services for which we cannot indicate in advance the price and / or, as the case may be, all additional costs of transport or delivery, we will contact you by email.
16.5. We will issue you an invoice for the Services purchased / delivered, your obligation being to provide us with all the necessary information according to the legislation in force for us to issue the invoice - please pay special attention when entering the data, because we will not be able to modify the data from the proforma / fiscal invoices issued. In the case of payment by bank transfer, we will initially issue a proforma invoice, and after our account is debited with the related amount written on this invoice, we will proceed to issue the fiscal invoice. If you do not transfer the money within 7 calendar days, we will cancel your order and, if you wish, you will need to place a new order, in which case the prices may differ.
16.6. As a general rule, we will send you the invoice for the order for services performed / delivered either in material format (on paper), or in electronic format, by email, on which we encourage you to check regularly (it is also possible that our messages end up in the SPAM / JUNK folder, so please check there as well).
16.7. In the case of online payments, we are not and cannot be held responsible for any other costs incurred by you in addition to the price of the services including, but not limited to, bank transfer or currency conversion fees charged by the bank or card issuer, if the bank account / card issuing currency differs from the currency in which the transaction is made.
16.8. In the case of services with a recurring monthly payment (such as subscription or membership services, etc.), you agree from the outset that we may withdraw a monthly amount indicated at the time of placing the order from the provided method of payment. If you no longer wish to take advantage of these options, you may opt out of your subscription within the prescribed notice period. Please note that any amounts previously paid will not be refunded.
16.9. You are fully responsible for any payment made in error, by mistake or made without exercising a right of withdrawal from our services (as in the case of recurring monthly payments). In these situations, we will not return the amounts of money already paid, being solely responsible for these payments.
17. Confidential Information
17.1. Each party undertakes to the other that during the Term and thereafter it shall maintain the strictest confidentiality over, and shall not without the prior written consent of the other party disclose to any third party (except to such of its employees, directors, and legal and professional advisors that have a need to know – collectively, "Representatives"), any Confidential Information learned by the recipient party or disclosed to the recipient party by such other party pursuant to or otherwise in connection with these Terms, the participation in any program, training, membership or otherwise. Each party shall only use Confidential Information for the purposes of exercising rights or fulfilling obligations in connection with this Agreement and shall protect such Confidential Information from unauthorised use or disclosure using the same or higher standards as it uses to protect its own confidential information, but in no event less than a reasonable standard of care. Each party shall ensure that its Representatives are bound by written obligations of confidentiality no less stringent than those set out in this Agreement and shall be fully liable for any breaches by its Representatives of the confidentiality obligations hereunder as if such party committed such breach.
17.2. “Confidential Information” means all information of confidential nature in any and all media disclosed by a party - including another participant - (the "Disclosing Party") to the other party (the "Receiving Party") including, without limitation all information, analyses, compilations, studies, documents, books, papers, drawings, ideas, concepts, systems, processes, procedures, methods, models, sketches and all embodiments of any of the foregoing (whether communicated orally, in written form or stored in any other media) regarding the Disclosing Party, regardless of whether the information is specifically marked or designated as “confidential” or not including, without limitation, information concerning the Disclosing Party’s business activities and strategies, financial information, customer and supplier lists, intellectual property, technology, research, marketing information or plans and information regarding the Disclosing Party’s products and services. Except as otherwise indicated in this Agreement, the term “Disclosing Party” shall also include all entities affiliated with or related to the Disclosing Party, including group members, and affiliates. For the avoidance of doubt, Confidential Information shall include (i) Intellectual Property Rights; (ii) Personal Data (see Privacy Notice); (ii) any such information disclosed by us or any participant, in any capacity, in one or more of our programs, trainings, or otherwise, at any given time, in respect to themselves or a third party, and irrespective of the channel or whether through the Platform or otherwise; and (iii) the existence of the relationship between the parties thereto.
17.3. The obligations of confidentiality in this clause 17 shall not extend to any information or matter which either party can show:
17.3.1. is in, or has become part of, the public domain other than as a result of a breach of the obligations of confidentiality under this Agreement;
17.3.2. was independently disclosed to it by a third party entitled to disclose the same; or
17.3.3. is required to be disclosed under any applicable law or any regulatory authority, or by order of a court or governmental body or other authority of competent jurisdiction, provided that, subject to applicable law, the recipient party notifies the disclosing party in advance of such disclosure and provides the disclosing party with a reasonable opportunity to contest it before such authority, court, or body.
17.4. Without prejudice to any other rights or remedies of the disclosing party, the recipient party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of the provisions of the Agreement and that the disclosing party may be entitled to seek the remedies of injunction, specific performance and other equitable relief from a court of competent jurisdiction for any threatened or actual breach of any such provision by the recipient party, and no proof of special damages shall be necessary for the enforcement of the rights under the Agreement.
17.5. Upon termination of this Agreement, either party shall deliver up to the requesting party any documents, disks, memory, papers, property or any other materials on any medium on which any Confidential Information of the requesting party may be contained in the possession or under the control of the other party.
17.6. Neither party shall make any announcement relating to these Terms, their participation in a program or training, or its subject matter without our prior written approval, except as required by law or by any legal or regulatory authority.
17.7. The receiving party's undertakings hereunder shall survive for a period of three (3) years following the respective disclosure of the Confidential Information.
18. Intellectual Property
18.1. Intellectual Property Rights in any material, information, records, reports, documents, papers, drawings, designs, icons, transparencies, data, images of any kind, graphics, logos, typographical arrangements, software programs, inventions, ideas, discoveries, developments, improvements or innovations and all materials embodying them in whatever form, including but not limited to hard copy and electronic form, prepared or used by the Coach or its employees or collaborators in connection with the provision of the Program and/or Services are owned by the Coach (“Coach Intellectual Property”).
18.2. For the purpose of this Agreement, “Intellectual Property Rights” shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
18.3. Any and all Intellectual Property Rights developed and owned by either Party at the Effective Date or during the Term shall remain vested in that Party. For example, all rights and interest in and to the Program and related materials, any copies thereof, remains the sole property of the Coach.
18.4. Notwithstanding Clause 13.3, the Client acknowledges and agrees that all property and rights including Intellectual Property Rights in work arising from or created, produced or developed by Coach and/or any member of its team (whether alone or jointly with others) under or in the course of this Agreement shall immediately upon creation or performance vest in and shall be and remain the sole and exclusive property of Coach and Client shall acquire no right, title or interest in or to the same. Client hereby assigns to Coach as legal and beneficial owner with full title guarantee all rights of any nature throughout the world, whether present, vested, contingent or future, in the aforementioned work that may at any time during or after the Term of this Agreement come to be vested in Client, to hold the same unto Coach, its successors and assigns, for the full period of all such rights and any renewals, reversions and extensions of the same throughout the world and in this regard waives any and all so-called moral rights or 'droits moral' that it may enjoy in the same to the fullest extent permitted by law.
18.5. Client shall promptly notify Coach in writing if Client becomes aware of any actual, threatened or suspected infringement of any Coach Intellectual Property Rights.
18.6. Each Party grants to the other a non-exclusive, royalty-free licence for the Term to use such of the other Party’s Intellectual Property Rights solely within the territory and to the extent that the other Party reasonably requires use of the same to fulfil its obligations and exercise its rights under this Agreement and subject to any reasonable directions from other Party in relation to that use.
18.7. Any goodwill in the brands of the respective Parties that accrues as a result of this Agreement shall inure to the benefit of, and is hereby assigned to, the Party owning the brand in question.
19. No Guarantees
19.1. We and/or its representatives have made every effort to accurately represent the program and its potential impact on your leadership, business, team, etc., as the case may be. Claims of actual results can be verified, and examples of actual results can be provided upon request. However, the testimonials and examples used are neither intended to represent, nor constitute any guarantee that you will achieve the same or similar results. When we present any specific, quantified or quantifiable results on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, earnings or other information we present as any kind of promise, guarantee, or expectation of any level of success or earnings.
19.2. We make no representations or warranties, whether express or implied in respect to the quality or performance of the Program and/or any deliverables. Each individual success or the attainment of certain objectives, milestones, measures, including where we as a professional coach have assisted, advised, consulted with you, as client, on creating or defining such criteria, depends entirely upon factors which are external to us, including but not limited to the industry, socio-economic, geo-political, etc. factors, as well as your personnel’s/individual dedication, desire or motivation. By signing up to one of our programs or engaging us to provide you services, as provided herein,, you acknowledge that the responsibility of the achievement of such criteria, whether separately or together defined with us, rests solely and exclusively with you.
20. Disclaimers & Limitation of Liability
20.1. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the website or platform by any user, visitor, information provider or any other person or entity. You acknowledge that any reliance on any such advice, opinion, statement, or other information shall be at your own risk.
20.2 We are not liable for any damages caused to you as a user or to any third party as a result of our fulfilment of any of our obligations under the Terms or for damages resulting from improper use of the website or platform.
20.3. We are not responsible for any damage caused by any technical malfunctions of the website or platform (e.g., inability to access any link on the website or platform).
20.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
20.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY:
20.5.1. FOR USE OF THE WEBSITE OR FOR ERROR OR INTERRUPTION OF USE OF THE WEBSITE.
20.5.2. FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS.
20.5.3. FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. 20.5.4. FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. OR 20.5.5. FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.6. These Terms fairly allocate the risks between us, on the one hand, and you on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.
20.7. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR WEBSITE COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S). YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
20.8. You agree to bring any claim (including negligence) in connection with any of the Services only against us, and not against any individual, however described.
21.1. You can contact us by filling in the "Get in Touch" section of the website for any questions or concerns you may have.
21.2. We endeavour to resolve matters either through our chat support, or through an email or video-chat conversations with one of the members of our team. However, if your matter requires an escalation, please follow the Complaints Procedure in section 22 below.
22. Complaints Procedure
22.1. Should you find that you need to make a complaint, please write an email addressed to firstname.lastname@example.org
. Enter the subject line: “I have a complaint” and add your company name (or the account that complaint relates to on the platform). In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team. After you send your complaint email, you will receive an acknowledgement email from us within 5 business days. We will respond within a few days (no later than 30 days from your acknowledgement email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.
22.2. Please note that we are not obliged to respond to requests for information and advice received through the Platform in the absence of payment of the value of those services.
23. Applicable Law & Dispute Resolution
23.1. Unless otherwise expressly stipulated by way of separate written agreement with you, this document represents a legal contract concluded on distance, accepted by simply clicking on it and it is subject to German law.
23.2. Prior to submitting a dispute to the court, you can opt for alternative dispute resolution/out of court by finding out more here
. Each dispute resolution body has its own rules and procedures. They're usually quicker and cheaper than going to court.
23.3. Unless otherwise expressly stipulated by way of separate written agreement with you, we will all try to resolve amicably any disputes or misunderstandings that may arise; to the extent that amicable settlement will not be possible, disputes shall be settled by the competent German courts, which shall have exclusive jurisdiction, unless otherwise expressly agreed with you in writing.
24. Force Majeure
24.1. Non-performance by either party of their respective obligations is excused if that party proves that the non-performance was due to force majeure event.
24.2. In these terms “force majeure” shall mean an impediment beyond a party’s control and that it could not reasonably be expected to have taken that impediment into account at the time of the conclusion of the contract, or to have avoided or overcome it or its consequences. Force Majeure shall include, but not be limited to war, civil war, revolution, riot, governmental measures, strike, lockout, epidemic, pandemic, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.
24.3. In case of a Force Majeure event, our obligations shall be suspended.
24.4. The party who fails to perform due to a Force Majeure event shall give notice to the other party of the impediment and its effect on its ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, it is liable for damages resulting from such non-receipt.
24.5. If within 30 (thirty) days from the date of the occurrence of the force majeure event, the event does not cease, either us or you will have the right to notify the other party of the full termination of our contract without any of us being able to claim any damages.
25.2. A reference to “website” shall include a reference to “platform”.
25.3. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. The failure by us to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
25.4. If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
25.5. Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.
25.6. No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
25.7. All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
25.8. We may change this document at certain intervals, and we will decide which is the best way to notify Users (pop-up, push notification, e-mail, etc.). We therefore recommend that you visit this page to always read the latest version.