TERMS AND CONDITIONS OF ENGAGEMENT RESPECTIVELY SALE
BY PAYING FOR A COACHING PROGRAM, COURSE OR SIMILAR COACHING (hereinafter “Coaching”) EITHER IN PART OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You as Client (the “Client”or « Participant ») irrevocably agree to enter into, conclude and be bound by this Coaching Agreement (the “Agreement”) with Claudia De Pasquale and/or her company Claudia De Pasquale GmbH without regard to the legal form and denomination of such entity or any employee thereof (the “Company” or “we/us” or the “Coach”). By paying this Agreement automatically becomes a binding contract between you and the Company, and applies to your participation in the program as per the Terms and Conditions herein and following. By paying for a Program, Course, Product or similar Coaching you agree to these Terms and Conditions, without modification, and acknowledge having read and understood and agreed to them.
The parties to this Agreement are called together the Parties or individually one or the other Party.
The Client understands that he/she is fully responsible for his/her own progress and results. The Client understands that he/she is the one element over which the Coach or Company has no control and therefore the Client understands that no results are guaranteed. The Client commits to full participation in the Programs, Courses, or similar Coaching and understands and acknowledges that success and business in general depend on many circumstances including unforeseen and uncontrollable ones and that the Coach will provide her best possible service, but any outcome significantly depends on the Client’s efforts and commitment. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. The Coach does not guarantee a particular outcome and is not liable for any loss, damage or other expense which you may suffer as a result of or connected to using the services of the Coach.
We respect your privacy and must insist that you respect the privacy of other potential fellow
Product, Courses, Programs or similar Coaching participants. You agree not to violate the publicity or privacy rights of any Programs, Courses, Programs or similar Coaching participant nor of the Coach nor of the Company. We respect your confidentiality and proprietary information, ideas, plan(s) and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Products, Courses, Programs or similar Coaching participants and of the Coach and the Company.
You agree (1) not to infringe any Programs, Courses, Programs or similar Coaching participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Products, Courses, Programs or similar Coaching participants or any representative’s of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses or disclosed it or to the Company, (3) you agree not to disclose such information to any other person nor to use it in any manner other than in discussion with other Programs, Courses, Programs or similar Coaching participants during Program sessions. By paying for the Products, Courses, Programs or similar Coaching you further agree that (4) all materials and information provided to you by the Company are and will be confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as far and as long as authorized by the Company, and (5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company and/ or other Programs, Courses, Programs or similar Coaching participant(s) will be entitled to injunctive relief to prevent any such violations and to protect themselves against the harm of such violations.
All payments to Claudia De Pasquale GmbH must be automatized. By working with the company, you adhere to the following terms: monthly payments must take place between the 23rd and 28th of the month. The client’s payment must be received by credit card or exceptionally, if you are a resident of Switzerland, by a standing order which debits the client’s account on a regular basis. The payment must be received by the company not later than on the 28th of the month for the upcoming month.
Any payment which arrives later than on the 28th will be surcharged with a penalty fee of CHF 150 in the next invoice.
You authorize the company to charge your credit card or debit card (for example through PayPal or Stripe) for payment of Program(s), Course(s), or similar Coaching.
Skipped or cancelled payments will result in an immediate removal from the Program/Course,or similar Coaching until payment has been made or new payment arrangements have ben mutually agreed upon by you and the Coach. Time lost will not be made-up.
You are responsible for full payment of fees for the entire Product or Coaching, regardless of whether you complete or are able to complete the Program, Course, Workshop or similar Coaching , regardless of circumstance, and regardless of whether you have selected a lump sum or a monthly payment plan.
A full refund can only be considered if the Client participates in full to the Program or Coaching. Full participation means:
1 – Showing up to every coaching call/session;
2 – Asking for help on each call/session;
3 – Asking for help via email and in the Facebook group (but being on Facebook is not mandatory for the Coaching and this part of rule applies only to users of Facebook).
Failure to complete the actions above will result in the application of a no-refund policy. If you participate fully and you genuinely believe that you get nothing out of the Program, you may request a refund in writing setting out the grounds of your claim. Any refund decision is discretionary and as the Coach deems fit in the light of the given circumstances. The Client agrees that an amount of CHF 150 or equivalent is non-refundable and paid against general administrative expenses and costs of the Coach. Should you be granted a refund, the actual cost of any bonus material received as an early bird incentive will be subtracted from the amount of the refund.
All other programs, courses, and products:
All sales are final and there are no refunds under any circumstances.
USE OF THE SITE AND PROGRAM
To access or use www.concretemotion.com or the program specific Facebook Group (the “Site”), you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and career coaching and other information is subject to change. The Coach and / or the Company make no representation nor grand any warranty that the information provided regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Coach and Company disclaim all liability for any inaccuracy, error, or incompleteness in or of the Content.
In order to participate in the Programs, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Coach and/or the Company will always be accurate, correct, and up to date. You declare and confirm that you act solely on and for your own behalf and that you provide your own account information and/or email address. Your further declare and confirm that you undertake any and all appropriate steps in order to prevent that your account could be used for any illegal or unauthorized purpose. You finally declare and confirm that by using the Program or other Coaching you are not violating any applicable laws or other compelling regulations in your jurisdiction.
You may use the Site and Program and Coaching for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate non-commercial personal development purposes only. You shall not post or transmit through nor link to the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable laws and regulations.
REFUSAL OF SERVICES
The Programs, Courses, Products or similar Coaching are on offer subject to our acceptance of your order or requests. We reserve the right to refuse service or performance to any order, person or entity, with no obligation to provide a reason for doing so. No order is deemed accepted by us until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the Site. Such change or discontinuation shall not impact the proper performance or fulfillment of our responsibilities existing at that point of time.
We shall email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us of such as soon as possible.
We endeavour to describe and display the Products, Programs, Courses or similar Coaching as accurately as possible. Whilst we try to be as clear as possible in explaining the Products, Courses, Programs or similar Coaching, it can happen that the Site is not entirely accurate, up to date, or error-free despite our efforts in this respect. From time to time we may correct errors in pricing and descriptions. Both pricing and descriptions are from time to time subject to unilateral change without notice. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site nor link to it any artwork, photos or other materials whether in visual graphical text or other form of representation (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right, and the burden of proof that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site you acknowledge and agree that you automatically represent or otherwise warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or other rights of third parties whether individuals or organisations.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the Material(s) you supply to the Coach and/or the Company. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Coach and/or the Company remains yours to the extent that you have any legal claims therein. You agree to hold the Coach and the Company free and harmless from and against all claims, liabilities, and expenses arising out of or in connection to any potential or actual copyright or trademark misappropriation or other infringement claimed against you. By posting Material(s) on the Site, you hereby acknowledge and agree to grant us a worldwide, nonexclusive, revocable license to use the material for promotional, business development, and marketing purposes. The Company or Coach has a right but no obligation to display use or otherwise represent your Material(s).
OUR INTELLECTUAL PROPERTY
The Site and Products, Course, Programs or similar Coaching contain intellectual property owned by the Coach and/or the Company including but not limited to trademarks, copyrights, proprietary information and other intellectual property. Without our prior written consent you shall not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any other way exploit or process in any format whatsoever any of the Site or Products, Courses or similar Coaching content or intellectual property, in whole or in part. We reserve the right to immediately remove you respectively your participation from the Programs, Courses or similar Coaching without notice nor motivation and without refund if you appear to be violating this intellectual property policy or the relevant laws and regulations.
We may at any time unilaterally and without prior notice amend these Terms and Conditions as well as any portion of our Site and Products, Programs or similar Coaching. Such amendments are effective immediately upon notice to you by our emailing you the new Terms and Conditions to the email address on file with us. It is solely your responsibility to make sure your correct email address is recorded with us and if necessary updated from time to time. Any use of the Site or Program by you after being notified means you accept these amendments.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with your use of the Site or Program lato sensu. Additionally, the Coach and/or the Company are in particular not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack or other hacking, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft or destruction or alteration of, or unauthorized access to, or use of your information or property regardless of our negligence as far as such exemption of liability is permitted by law, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the Coach and/or the Company has been advised or informed of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law and shall in any case not exceed the total purchase price of the Program, Product, Course or similar Coaching you have purchased from or agreed with the Coach and/or the Company and paid for and if no purchase or other payment has been made by you then the Coach’s or the Company’s liability to you shall not exceed CHF 20.
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Coach and/or the Company. You acknowledge sole responsibility for and assume all risk arising from or connected to your use of any such websites, resources or links.
You shall indemnify and hold us free and harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and other expenses, as well as third party claims and causes of action, including without limitation attorney’s fees, arising out of or in connection with any breach by you of any of these Terms and Conditions or any use by you of the Site or Program or Coaching. You shall provide us with such assistance free of charge as we may request in connection with any such defense, including without limitation providing us with such information, documents, records, and reasonable access to your relevant documents and information as we deem necessary. You shall not settle without our prior written consent any third party claim nor waive any defense connected to our Program(s), Course(s), Program(s), Site or similar Coaching.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction, interpretation or validity of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and the Coach and/or the Company pertaining to the Site and/or Program, Product(s) or similar Coaching and supersedes all prior and contemporaneous agreements, representations and understandings between us. No waiver of any of the provisions of this Agreement by the Coach and/or the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Coach and/or the Company Claudia De Pasquale GmbH.
All notices, requests, demands, and other communications under this Agreement shall be in writing. Electronic communication (email) shall be acceptable and is deemed accepted by the Parties and shall further be deemed validly delivered and received on the day of sending (any deadlines shall begin to run on the first business day following such) if sent to the email address indicated by you and registered with us / on file.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with and governed by the laws of Switzerland as applied to contracts that are executed and performed entirely in Switzerland to the exclusion of conflict of laws principles. The exclusive venue for any court proceedings based on a conflict arising out of or connected to this Agreement shall be Zurich, Switzerland. However the Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by prior amicable negotiations and failing such by commercial mediation, which shall have its seat in Zurich, Switzerland, proceedings in English, and be conducted by a qualified mediator upon which the Parties agree within five business days. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
In particular the Parties agree and acknowledge that the Coaching Agreement is a mandate (agency) governed by Articles 394 ff of the Swiss Code of obligations (“CO”) and that the sale of any books or similar material whether for study or personal development or other purpose is a sale purchase agreement governed by Articles 184 ff CO and in particular Articles 187 ff CO.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought forward for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled under Swiss law.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction or otherwise appears to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The invalid, void or unenforceable part shall be replaced by a valid provision or interpreted with the help of a valid provision which shall be drafted the closest possible to the Parties initial intention.
These Terms and Conditions bind and inure to the benefit of the Parties’ successors in case of death and assigns in case of temporary or longer-term incapacity. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you without our prior written consent. Any transfer, assignment, delegation, or sublicense by you is invalid failing our prior written consent. The Coach and/or the Company have a right of substitution within the performance of the Coaching Agreement.
BY PAYING FOR THE PROGRAMS, COURSES, OR SIMILAR COACHING EITHER IN PART OR IN FULL YOU AGREE TO THE TERMS AND CONDITIONS ABOVE OR AS UPDATED FROM TIME TO TIME AND IN FORCE.
Claudia De Pasquale
Certified Professional Coach accredited ICF, NLP Master Practitioner and mBIT Certified Coach