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Terms & Conditions

MSConsulting OÜ. 
(Hereinafter referred to as “the Company”, “We”) https://www.videopreneurmentoring.com
(Hereinafter referred to as “the Website”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accessing, browsing, or using the Website and/or the company logos, methodology, practices patents and trademarks. Your access to and the use and enjoyment of the corresponding Website is conditioned on your complete acceptance of and compliance with these Terms and Conditions herein.

These Terms apply to all Visitors, Users, Customers, Members and all others who access or use the Website, or any other ancillary and/or connected services, consulting or trademarks of the Company. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.

Definitions
The definitions and rules of interpretation in this clause apply in this Agreement
“Agreement” Are references to the legal document in conjunction with any agreed upon Personalized Coaching Services, the Coaching Services Agreement.
“Business” Means providing Personalized Coaching Services and on-going ancillary and community Services,
“Business Day” Any day (other than Saturday and Sunday) when the banks are generally considered open for business.
“Communication” Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device.
“Community” The Coaching Community available on various Platforms and Social Media outlets.
“Confidential Information” All Information, including all specifications, designs and drawings provided by the Company.
“Customer” Those who have agreed to be provided Personalized Coaching Services and have signed a separate Agreement with the Company.
“Industry Standard Practice” The Standard Business Practices within the specific Industry.
“Notice” “Notice” shall mean an instrument in writing, unless otherwise prescribed
“Member” Member of the Community
“URL” The address of the web page within the Internet.
“User” Any Individual who has accesses the Website.
“User Engagement” The degree to which a Website visitor has engaged with the Website.

1. Overview

1.1. The Company provides all Users with information to access to opportunities relating to Personalized Coaching Services and access to the Community.
1.2. All Information stemming from the Company and Website is strictly confidential.
1.3. All Content and Materials contained within the Website shall be considered personal opinion and for general information purposes only.
1.4. All Content and Materials have been created and written using an honest and unbiased opinion and should no way be confused or relied upon as fact or any type of advice.

2. Use of the Website

2.1. The use of this Website is subject to the following terms;
2.1.1. All content is for general use only.
2.1.2. All content is subject to change without notice.
2.1.3. The Website uses cookies to monitor browsing preferences.
2.1.4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.
2.1.5. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.1.6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
2.1.7. This Website contains material which may be either owned by or licensed to us. This material includes, but is not limited to, the information, courses, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.1.8. Unauthorised use of this Website, information or courses is strictly prohibited and may give rise to a claim for damages and/or be a criminal offence.
2.1.9. From time to time the Website may also include links to other websites which are not directly connected to the Company or the Website.
2.1.9.1. These links are provided for your convenience to provide further information.
2.1.9.2. They do not signify that we endorse the website(s).
2.1.9.3. We have no responsibility for the content of the linked website(s).

3. Content

3.1. The Content of this website includes messages, videos, PDF’s, and other materials posted by the Company.
3.2. All Content is intended for the personal use of the Users and Customers and is not to be distributed or used within any commercial context.
3.3. Every effort is made to keep the Website up and running smoothly.
4. Companies Duties & Responsibilities

4.1. To provide the Personalized Coaching Services with due care, skill and ability.
4.2. To provide fast responses and support during the Agreed Services.
4.3. The Agreed Services are not considered therapy or counselling,
4.3.1. Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind. By entering into this agreement, you confirm that you will not use it in place of any form of therapy.
4.4. If for any reason the Company is unable to provide the Agreed Services at the agreed time, the Company will provide the Customer with as much notice as possible and we shall reschedule the Session for a time mutually agreed.
4.5. The Company is not responsible and owes the customer no particular success. It is agreed that, a claim to achieve the success of any kind does not exist in principle.

5. Customers Obligations

5.1. The Customer shall:
5.1.1. Review, understand and remain informed of the full legal terms of this Website in addition to any relevant Agreement with the Company relating to agreed Personalized Coaching Services.
5.1.2. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under any Agreement, as upon being requested to do so.
5.1.3. Ensure that such information, data and documentation is complete and accurate in all material respects.
5.1.4. Ensure that payment of all invoices is immediately satisfied.
5.1.5. That they have the availability and financial means to satisfactorily participate, as deemed by the Company, and complete all Agreed Services.
5.1.6. That they have a comprehensive understanding of and a genuine ability to participate in all Agreed Services.
5.1.6.1. The Company is entitled to suspend all Services until the agreed payment has been fulfilled.
5.1.7. Notify the Company of any changes to the information, data and documentation it provides to the Company where relevant. Notify the company in writing of any changes that can affect Agreed Services.
5.1.8. Where the Company is required to comply with any third-party website owner’s platform selling policy or similar rules or regulations, the Customer agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
5.1.8.1. Acknowledges that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively the Customers responsibility.
5.1.8.2. The Company shall use all reasonable endeavours to correct any Error, providing that it may charge the Customer for carrying out such work where the Error is caused by any failure by the Customer to comply with its obligations under these Terms (including but not limited to any failure by the Customer to provide the information required by the Company in order to carry out the Services or where the information provided by the Customer is incorrect or incomplete).
5.1.8.3. If a Customer is currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the Agreed Services.
5.1.8.4. Customers have to have full legal capacity and are able to undertake legal transactions.
5.1.8.5. Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format and, for certain downloadable content, a compatible player device.
5.1.9. The Customer must arrive promptly to the agreed Personalized Coaching Services.
5.1.9.1. Upon delay, it is at the discretion of the Company to cancel or reschedule the Personalized Coaching Services.
5.1.10. All Users, Customers and Members within the Community shall follow the Community Guidelines.

6. Payment

6.1. The Company shall issue a VAT invoice in respect of all Charges and the Customer shall immediately pay to Company the Charges in accordance with the terms set out within an Agreement.
6.2. All Charges are exclusive of VAT.
6.3. Customers are not entitled to refund or/and exchange.

Enrolling in the coaching – Financial

All Agreed Services are final and non-refundable. Exchange is not accepted.

Upon Signing of this Agreement, the Client shall satisfy all agreed Financial consideration Immediately.

Unless otherwise agreed with the Company and signed by both Parties, if relevant see Annex 2 – Payment date(s) in the agreement.

The Client agrees to provide full Financial Consideration for all Agreed Services in all circumstances, including in the event of a breach of this Agreement, non-completion or omission to participate in the Agreed Services.

Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Company to the Client under this Agreement and such shall be payable by the Client to the Company in addition to all other charges payable hereunder.

All payments due under this Agreement shall be made immediately. In the event that the due date of any payment is a Saturday, Sunday or national holiday, such payment may be paid on the following business day. If the payments are not paid on the date such payments are due under this Agreement, the Client shall be liable to pay a penalty of ten percent (10%) from the price of the Agreed Services after ten (10) days of the payment delay.

Cancellation of the Personalized Coaching Services Membership does not affect the agreed Payment for the agreed Personalized Coaching Services and all Customers agree to pay for all agreed amounts regardless of the outcome.

Terms
The Agreement of Personalized Coaching Services shall be valid after the Agreement of Personalized Coaching Services is signed by both Parties.

All Agreed Services shall commence upon all relevant parties signing this Agreement, at the reasonable discretion of the Company.

This Agreement shall continue to be effective until the natural end of the Agreed Services, unless terminated sooner in accordance with this Agreement.

Consumer Rights Warning
The Consumer is not able to exercise the right to withdrawal or cancellation of the Agreement of the Coaching Services. The 14-day cooling-off period is not applied. Section 28(1)(b) of the Consumer Contracts Regulations excludes ‘the supply of goods and services that are made to the consumer’s specification or are clearly personalized’ from the right to cancel.

The Client explicitly acknowledges and declares that they have fully read, understood and acknowledged this Agreement, Terms & Conditions, Privacy Policy and all relevant Legal Terms and Information made available by the Company.

Breach
If the Client is in breach of any material obligation contained in this Agreement they may, at the discretion of the company, remedy the situation, if the same is capable of being remedied, within ten (10) days of notice from the Company.

With a view of maintaining a friendly environment, in the event that the Client’s actions and/or behaviour are deemed by the Company to be a hindrance, in any way, impacting any Service provided in any way, then these actions shall amount to a Breach of this Agreement at the reasonable discretion of the Company.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.

Any modification (including the cancellation) of this agreement or additional obligation assumed by either party in connection with this Contract shall be binding only if evidenced in written consent and signed by each Party.

All Disputes shall be mediated under regulated and unbiased third parties following the guidance of the Courts as determined by the competent court as dictated by the Company.

Should any portion of the Agreement be declared or held to be void, invalid or unenforceable by a court of competent jurisdiction, then the provision shall be served from this contract and the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement can only be Transferred or Assigned with written consent from both parties.

Coaching calls are subject to changes, rescheduling  or termination if agreed between both Parties. However, this needs to be clearly communicated ahead of time, no later than 24 hours prior to the call. If the Client fails to show up for the call on time (max. 10 minute delay is acceptable) or fails to inform the Company about the need to reschedule, the coaching call will not be rescheduled or replaced.


7. Warranties & Representation

7.1. The Company makes no Warranty or Representation of any kind, expressed or implied, as to the products or Services included on the site being offered to the Customer.
7.2. The Company does not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free due to third parties and the nature of ecommerce.
7.3. The fullest extent permissible by applicable law, the Company disclaims all Warranties, Express of Implied, which extend beyond the description of the Products contained in these Terms and within the Website.
7.4. The Customer warrants they are acting;
7.4.1. In accordance with the Terms and Conditions set herein; including providing accurate information regarding payment details.)
7.4.2. In accordance with any and all applicable jurisdictional laws, regulations and statute; and
7.4.3. In accordance with generally recognised commercial practices and standards
7.4.4. The Client warrants that no obligation exists to a third party prohibiting them from entering into this Agreement, and that to the Client’s knowledge, work produced under this agreement will not violate any Right or Intellectual Property Right of any person.
7.5. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

8. Medical Disclaimer

8.1. Entertainment and Educational Purposes: This Website is for Entertainment and Educational Purposes only and should not be considered as Medical Advice, Treatment or a Diagnosis in any way. The information in this Website is solely opinion and does not constitute Medical, Psychiatric, Dietary or Nutritional advice in any form.
8.2. Declaration: The Website, and all those involved in any capacity, hereby declare that in no way does the Website attempt to represent itself or claim to be a Professional Registered Medical Establishment nor does it imply to be a substitute for Professional Medical Advice.
8.3. Users Responsibility: Users should always consult a licensed medical practitioner, regarding any medical concerns.

9. Privacy Confidentiality & Data Protection

9.1. All Parties to this contract have the right for their Sensitive and Confidential Information to be held in confidence by the other Party and protected from unauthorised disclosure.
9.2. All information in relation to this Agreement provided or become discovered by the User during the term of this Agreement is considered “Confidential Information”
9.3. All information provided to and by the Company, the User, the Customer and any relevant 3rd party regarding all aspects of this agreement shall for all time and for all purposes be regarded by both Parties as strictly confidential and held by User in upmost confidence and shall not be used by directly or indirectly, or disclosed to any unauthorized personnel.
9.4. Exceptions to the above include:
9.4.1. With written permission and signed consent from the Company.
9.5. Advertising: The Company is entitled to use the Content and Information made available by the User, including but not limited to the name, Logo, Pictures and all other items deem reasonable within the framework of advertising the Platform. This right of use includes, but not limited to;
9.6. Use within the framework of Google-AdWords,
9.7. Advertising campaigns,
9.8. Other measures of online marketing and Search Engine optimization.
9.9. Users can opt out by sending a written notice to the Company.
9.10. Personal Data & Confidentiality: All personal data which the Company transmits to the User may only be used for the fulfilment of contractual obligations and only for as long as for legal and tax reasons require it, save, process and use within the scope of this contract, the User shall, in order to fulfil its obligations under this Agreement, provide the customer’s data (Name, Shipping Address and Phone Number).
9.11. The data processing ends with one-time execution of the delivery of the goods. The data is stored 7 (seven) years.
9.12. Processing of Data: The User understands their full obligation and compliance of all aspects of the General Data Protection Regulation (GDPR) and has committed all necessary personal for the monitoring and processing of personal data.
9.13. The User takes full burden for their technical and organizational measures to ensure that the Company can fulfil the rights of the person concerned under chapter III of the GDPR (information, information, rectification and deletion, data transferability, opposition, as well as automated decision-making in individual cases), Art. 32 to 36 GDPR (data security measures, notifications of personal data breaches to the supervisory authority, notification of breaches of personal data protection), Data protection impact assessment, prior consultation, established a processing directory according to Art 30 GDPR for the present order processing at all times within the legal deadlines and shall ensure to provide the Company with all the necessary information. All data processing activities are carried out exclusively outside the EU/EEA. The appropriate level of data protection results from the standard data safeguard clauses in accordance with art 46 ABS 2 Lit C and D GDPR.
9.14. The User shall immediately notify the Company in the event that it does, or it has reason to believe it will, become non-compliant with the GDPR requirements.
9.15. The User has to inform the Company immediately if it considers that a violation of data protection provisions is at risk of, or has occurred.
9.16. In the event the User receives notice from the Company to provide data, the User shall, where legally permissible, inform the Company and refer the authority thereof.
9.17. Processing of Data for purposes outside of the Platform or this contract shall require written and signed consent from the Company.
9.18. All Users are obliged to seek out, read and understand the separate Company and any Website Privacy Policy and Disclaimer.

10. Indemnification

10.1. All Users, Members and Customers will indemnify harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this or Customers violation of any law or the rights of a third party.
10.2. The Client agrees to indemnify and hold the Company, its officers, agents, and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses, whether relating to property of any third party, or to personal injury or death, arising out of or in any way contributed to by the acts or failure to act by any party.
10.3. The Client shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred directly or indirectly by the Employment of Personnel arising out of any engagement, including, without limitation, as a result of any breach of this Agreement by the Client.

11. Cancelling membership

11.1. Customers are entitled to Cancel any Personalized Coaching Service at any time.
11.1.1. Cancellation does not affect the agreed Payment for the agreed Personalized Coaching Services and all Customers agree to pay for all agreed amounts regardless of the outcome.

12. Liability

12.1. The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company and Website Disclaimer Policies and Privacy Policies.
12.2. All those involved Website do not accept any and shall not be held Responsible whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or products referred to on the Website.
12.3. The Company provides information sourced from a wide variety of Third-Party individuals, companies and organisations, including Testimonials. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
12.4. Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable, due to technical issues beyond our control.
12.5. The Website are subject to modification, amendments or change in any aspect without notice. The content of may be subject to change due to factors outside of our control.

13. Warranties

13.1. The Company warrants that:
13.1.1. It shall provide the agreed Personalized Coaching Services:
13.1.2. In accordance with the Terms and Conditions set herein and within any Agreement;
13.1.3. In accordance with any and all applicable laws, regulations and statute;
13.1.4. With reasonable care and skill;
13.1.5. In accordance with generally recognised commercial practices and standards;
13.2. The Company cannot warrant that changes made by a third-party website owner to its website platform will not affect the Services, and the Company shall not be liable for any damage or loss suffered by the Customer as a result of such changes.
13.3. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

14. Intellectual Property

14.1. Users must acknowledge and agree that the Website contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company or any corresponding Website, in whole or part.
14.2. You must acknowledge, understand and agree that all of the Companies and the Websites trademarks, copyright, trade name, service marks, and other logos within any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Company.
14.3. You must not to display and/or use in any manner the the Company, the Website logo or marks without obtaining the Companies prior written consent.

15. Status

15.1. The relationship between the parties will be that of an independent contractor and this agreement shall not in any circumstance render the Company as the Customers employee, worker, agent or partner.

16. Refund/Exchange Policy

16.1. No refunds or exchanges allowed. You assume the responsibility for your purchase and no refunds will be issued.

17. Breach

17.1. If the User is in breach of any material obligation contained in this Agreement they may, at the discretion of the company, remedy the situation, if the same is capable of being remedied, within seven (7) days of notice from the Company.
17.2. With a view of maintaining a friendly environment, in the event that the User’s actions and/or behaviour are deemed by the Company to be a hinderance, in any way, impacting any Service provided in any way, then these actions shall amount to a Breach of this Agreement, at the reasonable discretion of the Company.

18. Assignment

18.1. This Agreement can only be Assigned, or Transferred, with written consent from both parties.

19. Governing Law

19.1. The competent, relevant and appropriate courts in Estonia shall be considered for the purposes of this Agreement to be the competent courts and shall be the place of jurisdiction for all relevant purposes.
19.2. This Agreement shall be construed within the laws of and has been prepared in line with the expectations of the European Union under the respective legal frameworks within Estonia.

20. Force Majeure

20.1. The Company shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
20.2. Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the contract (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.

21. Conflict Resolution

21.1. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Estonia.
21.2. The Website reserves the right to use any method of conflict resolution it deems fit at the time.
21.3. Any dispute arising regarding this contract will be resolved under the commercial arbitration rules of the American Arbitration Association, at the decision of the website.

© Copyright 2020 – All Rights Reserved, MSConsulting OÜ