GENERAL TERMS AND CONDITIONS

    House of Coaching Management – FZCO, Dubai

    B2B, Limitation of Liability and Right of Withdrawal for Consumers
    Chantal Perrinjaquet, Dubai

    Part 1: Scope of Application and Governing Law

    § 1 Scope of Application

    (1) The following General Terms and Conditions shall apply to all legal transactions with consumers and entrepreneurs entered into with

    HOUSE OF COACHING MANAGEMENT - FZCO

    IFZA Business Park, Building A1

    Digital Park DDP, Silicon Oasis

    PO Box 342001, Dubai

    United Arab Emirates

    www.house-of-coaching.online and all other domains operated by House Of Coaching Management - FZCO that redirect to this website

    hereinafter referred to as "I" or "me." Legal transactions may be concluded in person, by post, via messenger services, by e-mail, during an initial consultation, or through the website.

    (2) The language available for the conclusion of the contract is English. Translations into other languages are provided for informational purposes only. In the event of any discrepancies, the English text shall prevail.

    (3) These General Terms and Conditions shall apply exclusively. Any terms and conditions of yours that conflict with or deviate from these General Terms and Conditions shall not be recognised unless I have expressly consented to their application in writing or in text form.

    (4) In individual cases, I may use a supplementary agreement in addition to these General Terms and Conditions. Such supplementary agreement shall be concluded separately between us and shall, in case of doubt, take precedence over these General Terms and Conditions.

    § 2 Governing Law and Consumer Protection Provisions

    (1) The laws of the United Arab Emirates (UAE) shall apply.

    (2) In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB) and your habitual place of residence is in a Member State of the European Union, the laws of the UAE shall likewise apply.

    (3) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, craft, or profession. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

    (4) The version of these General Terms and Conditions in force at the time of booking shall apply.

    (5) The prices in effect at the time of booking shall apply.

    (6) Should particular discounts or promotional offers be advertised, these shall be limited in time or quantity. No entitlement to such offers shall exist.

    Part 2: Formation of Contract, Payment Terms, Contract Duration and Right of Withdrawal

    § 3 Subject Matter of the Contract

    (1) The subject matter of the contract may include the following services (this list is non-exhaustive):

    • (Business) Coaching
    • Mentoring
    • Workshops
    • Masterclasses
    • Masterminds
    • Offline Seminars
    • Physical Products
    • Beleggio, an AI-powered receipt collection and vendor tracking software subscription

    (2) All offers presented on the internet are non-binding and do not constitute a legally binding offer to enter into a contract.

    § 3a Beleggio-Specific Terms

    3a.1 Subject matter and scope

    Beleggio is an AI-powered receipt collection and vendor tracking software subscription offered by House of Coaching Management FZCO. Beleggio collects, names, files and tracks receipts and vendor obligations, and hands the resulting structured data to the customer and their accountant.

    Beleggio is not accounting software and not bookkeeping software. It does not replace an accountant, a tax adviser, or an accounting program, and it does not produce financial statements, tax filings, or accounting entries. The customer remains solely responsible for their bookkeeping, their accounting, and their tax obligations.

    All other provisions of these General Terms and Conditions apply to Beleggio unless this section 3a expressly provides otherwise. Where this section 3a conflicts with another section, this section 3a prevails for Beleggio.

    3a.2 Commercial structure

    Beleggio is provided against a one-time installation and onboarding fee, payable in advance, plus a monthly Care Plan subscription. The installation and onboarding fee covers the guided setup of the local installation, the classification of the customer's vendors, and the initial scan of a past period agreed with the customer.

    The Care Plan subscription is mandatory for the use of Beleggio. Beleggio is not available without an active Care Plan.

    3a.3 Minimum term, cancellation and the 10-day guarantee

    Beleggio Care Plan subscriptions run for a minimum term of 12 months from the start of the subscription. After the minimum term, the subscription may be cancelled with effect at the end of the then-current monthly billing cycle.

    The minimum term is a contractual payment obligation. Where the customer terminates the payment arrangement before the end of the minimum term, the remaining instalments up to the end of the minimum term remain due and payable, and may be invoiced and pursued in accordance with section 4 of these General Terms and Conditions. Nothing in this clause restricts any right of the customer to stop future payments through their own payment provider, or any statutory right of cancellation that applies to them under the law of their place of residence.

    A 10-day money-back guarantee applies to the first payment. If the customer cancels within the first 10 days after the start of the subscription, that first payment is refunded, no explanation is required, and the 12-month minimum term does not apply. After those first 10 days, the minimum term applies in full.

    3a.4 Founding Member conditions

    Founding Member conditions are available only to customers who conclude a contract during the Founding Member launch window announced on the Beleggio website. Founding Member pricing for the Care Plan applies for 12 months from the start of the subscription, and for 24 months for customers who conclude a contract during the first tier window of the launch. After that period, the subscription continues at the regular Care Plan price then in force, without further notice being required.

    The Founding Member discount period and the minimum term in clause 3a.3 are two separate mechanisms and run independently of one another, even where they are of the same length.

    Founding Member benefits announced during the launch window are granted on the basis of the day on which the contract is concluded, as published on the Beleggio website at that time.

    3a.5 Upgrades and downgrades

    During the minimum term, the customer may upgrade to a higher Care Plan at any time, with effect from the next billing cycle. Downgrades are not available during the minimum term. After the minimum term, upgrades take effect immediately and downgrades take effect at the end of the then-current billing cycle.

    Where a Care Plan is limited in the number of available places, and those places are filled, that plan is no longer available, including to existing customers wishing to upgrade.

    3a.6 Right of access, not purchase

    Beleggio is provided as a right of access for the duration of an active Care Plan. The Beleggio software, its agents, its configuration logic and all associated proprietary components remain the property of House of Coaching Management FZCO at all times. No ownership, no title and no perpetual entitlement to the software is transferred to the customer at any point, and no such entitlement arises from the payment of the installation and onboarding fee.

    The customer may not copy, resell, sublicense, rent out, decompile or modify the Beleggio software or its components, and may not make them available to third parties, whether against payment or free of charge.

    Each independent business entity with its own bookkeeping requires its own Beleggio installation and its own Care Plan. This applies equally to branches, subsidiaries and licence partners of a single group.

    3a.7 Automatic deactivation

    Where a Care Plan expires, is cancelled, or is not paid, Beleggio is automatically deactivated after a grace period. The customer receives clear advance notice before deactivation takes effect.

    Deactivation removes the proprietary Beleggio components and the access credentials stored for the operation of the agents. Deactivation never removes, alters or renders inaccessible the customer's own receipts, documents, bank data, financial data or any other business records. Those remain the property of the customer at all times, including after deactivation, and remain in the customer's own storage location.

    Where genuine removal effort arises on deactivation, an offboarding fee may be charged. Any such fee is disclosed before the contract is concluded.

    3a.8 Self-installation, credentials and customer responsibility

    Beleggio is installed by the customer themselves, guided by the documentation, checklists, videos and onboarding sessions provided. House of Coaching Management FZCO accepts no liability for an incorrect, incomplete or modified installation carried out by the customer or by a third party engaged by the customer, nor for any consequences arising from it.

    Access credentials for the customer's email accounts, vendor portals, cloud storage and any other third-party services remain with the customer or with a person the customer trusts. House of Coaching Management FZCO does not hold, request or store these credentials, and accepts no liability for their use, their loss, or any consequence of their use by the agents or by any third party.

    The customer decides which processes are automated and which are carried out manually. Where a process requires human action, for example a CAPTCHA or a two-factor authentication code, that action is the responsibility of the customer.

    Beleggio produces overviews, classifications and forecasts as decision support. All business, financial and tax decisions remain the sole responsibility of the customer. House of Coaching Management FZCO gives no warranty that receipts are found in full, that classifications are correct, or that forecasts prove accurate, and accepts no liability for decisions taken on the basis of Beleggio output.

    3a.9 Third-party costs and self-learning

    Beleggio uses third-party services, including a Google API, which the customer operates under their own account and their own API key and which are invoiced to the customer directly by the respective provider. These costs are borne by the customer. As a Founding Member benefit, House of Coaching Management FZCO covers the first 5 US dollars of these costs per Founding Member. All costs beyond that amount are borne by the customer.

    The Beleggio agents improve continuously. Anonymised patterns derived from operation may be used to improve the recognition quality of the agents across the whole Beleggio system. No customer content, no financial data and no personal data is shared between customers.

    § 4 Prices, Payment Terms, Due Dates and Retention of Title

    (1) My prices are stated as net prices, as the reverse-charge procedure applies. You are responsible for declaring and remitting the applicable value-added tax.

    (2) An invoice shall generally be sent to you by e-mail in PDF format. The invoiced amount shall be due and payable immediately upon receipt of the invoice.

    (3) Access to the respective services shall be contingent upon prior receipt of payment. Once I have received your payment or down payment, you shall be entitled to the corresponding consideration from that point onward.

    (4) Access to my members' area shall only be activated once the amount has been credited to my account. As a rule, you will then promptly receive your access credentials for the members' area or the link to generate your access credentials.

    (5) In certain cases, I also offer instalment payment plans. The total amount payable under an instalment plan may be higher compared to a one-time payment in full. I shall inform you of this amount in advance. Early termination of an instalment payment agreement is possible by way of early repayment. You shall have the right at any time to pay the full amount (in that case, the potentially increased instalment amount) in part or in full before the expiry of the agreed term.

    (6) Late payments, whether for one-time purchases or instalment purchases, shall incur interest at the agreed rate (the instalment amount is generally higher than for a one-time payment) as well as costs for appropriate reminder notices. In the event that internal collection efforts are unsuccessful, I may transfer the outstanding claim to a solicitor for enforcement. In such case, you shall bear the costs of legal representation.

    (7) Where we have agreed on instalment payments and you fail to pay following a reminder in text form with a grace period, I shall be entitled to terminate the instalment arrangement prematurely, whereupon the entire outstanding balance shall become immediately due and payable.

    (8) You shall not be entitled to assert any right of retention or set-off against my payment claims, unless the counterclaim is undisputed or has been established by a final and binding court judgment.

    (9) Should a SEPA direct debit mandate granted by you be revoked without lawful grounds, you shall be liable not only for the bank charges for returned direct debits but also for legal advisory costs. Furthermore, such conduct may entail criminal consequences.

    (10) Should you be in default of payment or otherwise in breach, I shall be entitled to withhold performance or delivery until all outstanding payments have been made. I shall further be entitled to withhold, suspend, delay or discontinue services entirely without being obliged to compensate for any resulting damage. These rights shall be without prejudice to any other contractually agreed or statutory rights and claims I may have.

    (11) The purchase price for physical products shall be due immediately upon placing the order. Payment shall be made via PayPal or credit card. The purchase price must be paid in advance. I shall only dispatch the goods to you upon receipt of payment.

    (12) The goods shall remain my property until payment has been made in full.

    § 5 Formation of the Contract

    5.1 For bookings made orally, by telephone, in writing, by e-mail, SMS, WhatsApp, a messenger service or via my scheduling tool, the following shall apply:

    (1) In the case of coaching, you have the option to book an initial consultation with me. You may contact me via e-mail, messenger, etc. and then book your complimentary initial consultation. The initial consultation lasts approximately 30–45 minutes and takes place via Zoom.

    (2) The booking of our initial consultation is made through my scheduling tool. I use the provider YouCanBookMe for this purpose. You select a date and time and enter your name, telephone number, e-mail address and location. By clicking the "Confirm Booking" button, you submit your booking to me.

    (3) You will subsequently receive an appointment confirmation from me by e-mail. Together with this confirmation e-mail, I will send you a questionnaire in preparation for our conversation. You will also find my current General Terms and Conditions and consent to the processing of your personal data therein. This information will, of course, only be used to prepare for our call/Zoom meeting. If no contract is concluded with you, I shall delete this data without delay.

    (4) During the initial consultation, we shall conduct an initial assessment and determine whether my offering is suitable for you and your inquiry.

    5.2 Booking via my third-party provider

    (1) Following our conversation, you will receive a link to my third-party provider ThriveCart, through which you may book the coaching. There you will find all information, content and the price.

    (3) Once you have decided to purchase the product, click on the corresponding purchase button.

    (4) You will then be redirected to a ThriveCart page for payment processing. There you may select whether you are purchasing as a private individual or as a business, and subsequently enter your e-mail address, first and last name, as well as your address, and, if applicable, your company name and VAT identification number.

    You may choose from the available payment methods. Please note that, depending on the payment method selected for digital products, there may be delays in delivery by e-mail or in the transmission of access credentials. The system is configured so that the digital product is only dispatched once payment has been received.

    (5) If you have a voucher code, you may also enter it at this stage.

    (6) Payment via PayPal or credit card is available. You will receive an invoice from me by e-mail. The full invoiced amount shall be due immediately upon engagement. Once your payment or down payment has been received, you will be granted access to the purchased product.

    1. PayPal: By selecting "PayPal" as the payment method and confirming with "Buy Now," you will be redirected to the PayPal login page. After successful login, your address and account details stored with PayPal will be displayed. Payment processing is carried out by PayPal in accordance with its terms. The service provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

    2. Credit Card: By clicking "Continue with Credit Card," you may enter your details via a secure connection and complete the order by clicking "Buy Now." A connection to the respective credit card institution will then be established.

    (7) Prior to completing the order, you shall, by ticking the respective checkboxes, consent to the storage and processing of your data, the applicability of these General Terms and Conditions and the applicability of the Privacy Policy. All relevant texts are linked therein. You must also declare your agreement to waive your right of withdrawal.

    (8) Finally, you click the purchase button "Buy Now," thereby submitting a binding offer to me. This constitutes your offer to enter into a purchase agreement for the booking.

    (9) Immediately upon submission, you will receive a confirmation e-mail from me. At that moment, a contract is formed between us.

    5.3 Booking directly with me

    (1) You also have the option of placing your booking directly with me rather than through the third-party provider. You may communicate this to me during the initial consultation or subsequently by e-mail, telephone or messenger.

    (2) Offer: By placing the booking, you submit a binding offer to enter into a contract with me.

    (3) Acceptance: The contract between us is formed upon your receipt of my confirmation e-mail.

    (4) Payment via PayPal, credit card or bank transfer is available. The full invoiced amount shall be due immediately upon engagement and payable forthwith. Once your payment or down payment has been received, you shall be entitled to the corresponding consideration. You will subsequently receive an invoice from me by e-mail.

    5.4 For bookings made via Facebook or Instagram, the following shall apply:

    (1) My products are also advertised on Facebook and Instagram, so that you may access the programme for purchase via a link.

    (2) Via the link, you will be redirected to my third-party provider for payment processing. The booking procedure is as described under Section 5.2.

    § 6 Delivery of Goods and Shipping Costs

    (1) This section 6 applies exclusively to physical products. I deliver to delivery addresses worldwide. Delivery times and shipping costs vary depending on the destination country and are stated before the order is completed.

    (2) All prices are stated as net prices, as the reverse-charge procedure applies, but are exclusive of the applicable shipping costs.

    (3) An estimated delivery period is generally indicated for each product. Where no delivery period is specified in the product description, delivery of the goods shall be effected within 2–4 business days following the conclusion of the contract.

    (4) No deliveries shall be made on Sundays or public holidays. If you have ordered items with different delivery times, I shall dispatch the goods in a single consignment unless otherwise agreed. In such case, the delivery time shall be determined by the item with the longest delivery time that you have ordered.

    (5) It is noted that public holidays are not uniform and that the services are rendered in different countries. The aforementioned provisions relating to public holidays shall therefore apply to statutory public holidays in the respective countries in which service providers are involved in processing an order.

    (6) In the event of delivery delays, I shall inform you without delay.

    (7) In the event of non-availability of the ordered goods, I reserve the right not to deliver. In such case, I shall inform you without delay and shall promptly refund any consideration already received.

    § 7 Right of Withdrawal for Consumers

    (1) As a consumer, you shall have a right of withdrawal in accordance with the instructions set out in the Appendix.

    (2) The withdrawal period shall commence upon the conclusion of the contract. The contract is concluded at the moment you receive the purchase confirmation e-mail from me. For physical products, the withdrawal period shall commence when the goods have been delivered to you or to a person designated by you. If you have ordered multiple items, the relevant date shall be the date on which you or a third party designated by you, other than the carrier, took possession of the last item. You may withdraw from your purchase free of charge within 14 days.

    (3) With regard to services such as coaching, the following particularities apply to the right of withdrawal:

    1. If you purchase the coaching programme and I am to commence performance immediately or within the 14-day withdrawal period, you hereby waive your right of withdrawal to that extent.
    2. I shall draw your attention to this PRIOR to the completion of your booking/order: "You expressly request that I commence performance before the expiry of the 14-day withdrawal period. You therefore waive your right of withdrawal if I have fully performed the service. In the event that I have rendered partial performance to you (as the customer) within the withdrawal period, I shall be entitled to the corresponding consideration (remuneration) for the services rendered, including in the event of a withdrawal."

    (4) If the booking is withdrawn within 14 days and the coaching programme has already commenced during that period, you shall only be entitled to a pro rata refund of your costs. Services already rendered shall be deducted proportionally from the refund.

    (5) With regard to digital content/products, the following particularities apply to the right of withdrawal:

    1. If you purchase a digital product and the entire content is made available to you immediately upon payment, you hereby waive your right of withdrawal.
    2. PRIOR to completing the order, you shall declare the waiver of your right of withdrawal: "I hereby waive my 14-day right of withdrawal so that I may immediately have full access to the digital content."
    3. If you have paid a purchase price for the digital content, you shall receive confirmation of your waiver of the right of withdrawal from me by e-mail following the conclusion of the contract.

    § 8 Warranty for Purchases of Goods

    1. Product images may differ from the appearance of the delivered products.
    2. Insofar as the goods are defective, I shall procure cure within a reasonable time, i.e. remedy the defects. As my products are predominantly manufactured in limited quantities, it may occur that the delivery of an identical replacement product is not possible. In consultation with you, I shall send you an adequate substitute product.
    3. If you, as a consumer, discover transport damage upon delivery, please report such damage to the carrier without delay and likewise inform me of the transport damage. Failure to submit such a complaint shall have no effect on your statutory warranty rights or other legal claims.
    4. Entrepreneurs shall bear the risk of deterioration or accidental loss of the goods from the moment I have handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the duty to inspect and give notice of defects pursuant to § 377 of the German Commercial Code (HGB) is not observed, the goods shall be deemed approved unless the defect was not discoverable upon inspection or I have fraudulently concealed the defect.
    5. The limitation period for warranty claims in respect of the delivered goods shall be two years from receipt of the goods for consumers. For entrepreneurs, the warranty period shall be limited to one year from the transfer of risk.

    § 9 Contract Duration and Termination

    (1) The respective duration of our contract shall depend on the coaching programme booked. As a rule, the contract shall terminate automatically upon fulfilment. This means that you have paid my full fee and I have rendered the corresponding consideration.

    (2) The right of either party to terminate the contract for cause shall remain unaffected. I shall have the right to terminate for cause in particular if you have been in default of payment on more than two occasions, if you have wilfully violated provisions of these General Terms and Conditions, and/or have committed prohibited acts wilfully or negligently, or if the relationship of trust between us has been permanently impaired.

    Part 3: Details of the Service Offering and Cancellation Policy

    § 10 Duration of a Consultation Session and Venue of the Coaching

    (1) The duration of the coaching shall depend on the programme booked.

    (2) Depending on the programme, there may be group coaching sessions, and/or one-to-one coaching sessions, and/or instructional materials (video, text, audio).

    (3) Coaching shall take place via the respective Facebook group, Zoom, or messenger services, or in rented premises, as applicable. For participants who are unable to attend online in real time, a recording shall be made available subsequently.

    (4) In certain programmes, group calls shall be recorded by me via Facebook (Stream), uploaded to Vimeo or YouTube (unlisted), and made available subsequently.

    § 11 Scope of Services and Unused Services

    (1) The scope of services of the product shall depend on the coaching programme.

    (2) If a booked appointment is repeatedly cancelled by a participant, no further appointment need be offered. Such appointment shall be forfeited. The entitlement to payment for the appointment shall remain unaffected. Payment for the appointment shall be retained. No entitlement to a refund shall exist.

    (3) As the sessions take place online, participants have the opportunity to view recorded sessions, particularly in the case of group appointments. There shall be no entitlement to participate in a session live. The dates shall be communicated sufficiently in advance so that participants can reserve the time accordingly.

    (4) If you discontinue a booked coaching or consultation, you shall have no entitlement to a refund of payments already made.

    § 12 Cancellation of (Online) Coaching by Me

    (1) I shall be entitled to cancel a coaching session, including at short notice, if the instructor falls ill at short notice and no substitute can be provided.

    (3) We shall first endeavour to find a substitute date. If this is not possible, you shall receive a refund of the participation fee. No further costs, such as accommodation and travel expenses incurred by you, shall be reimbursed.

    (4) If a participant acts in breach of contract by violating these General Terms and Conditions, I shall have the right to exclude such participant from the coaching. This shall apply in particular where the participant disrupts the course of the coaching and fails to desist after being requested to do so, or where a participant otherwise acts in breach of contract.

    Part 4: Rights and Obligations of the Customer

    § 13 Access to the Coaching Programme

    (1) Access to the coaching is personal and non-transferable.

    (2) You shall receive the access credentials for your members' area by e-mail. You shall be entitled to download the digital content on a maximum of three (3) different devices.

    (3) The login credentials (username, password, etc.) sent to you during registration must be kept confidential and must not be disclosed to unauthorised third parties.

    (4) You shall ensure that access to and use of your login credentials is exclusively by you. Should there be reason to believe that unauthorised third parties have obtained knowledge of your access credentials, you shall notify me without delay so that I may arrange for the credentials to be blocked or changed.

    (5) I may temporarily or permanently suspend your access if there are concrete indications that you are in breach, or have been in breach, of these General Terms and Conditions and/or applicable law, or if I have another legitimate and substantial interest in suspension. In making a decision on suspension, I shall give appropriate consideration to your legitimate interests.

    (6) An entitlement to access shall only arise following payment for the digital product.

    (7) If you have any questions regarding the use of the purchased services or if access is not functioning, you may contact my support team (legal@house-of-coaching.online).

    § 14 Rights of Use in Respect of Digital Content or Coaching Materials

    (1) Audio, video and PDF files as well as other materials may be retrieved (downloaded) and printed by you solely for your own personal use. Downloads and printouts are only permitted within this scope. To this extent, you may also have printouts produced with the technical assistance of third parties (e.g. a copy shop). All other rights of use in respect of the files and materials shall remain reserved to me. This means that templates, materials and the knowledge conveyed therein must not be made accessible to third parties, whether free of charge or against payment. The materials are also not intended for advisory use.

    (2) Accordingly, the reproduction of files or printouts for third parties, the forwarding or transmission of files and materials to third parties, or any other exploitation for purposes other than your own study, whether for consideration or otherwise, during and also after the termination of the engagement, shall require my express prior written consent.

    (3) The trademarks and logos displayed on the materials are protected under trademark and copyright law.

    § 15 Collection, Storage and Processing of Your Personal Data

    (1) For the performance and processing of a booking, I require the following data from you:

    • First and last name
    • Address
    • E-mail address
    • For entrepreneurs: company name and VAT identification number

    The specific data that is mandatory depends on the required fields for the respective product.

    (2) For paid services, the information provided regarding your name, in particular the company name, must be accurate. The same applies to the address. Invoices are issued on the basis of this information. Should corrections be required, this may result in additional costs, which I shall charge at a reasonable rate. A reasonable fee shall also be charged for previously issued receipts that are requested again.

    (3) In the event of a change to your personal details, in particular a change of e-mail address, please notify me by e-mail at legal@house-of-coaching.online.

    § 16 Collection, Storage and Processing of Your Personal Data by ThriveCart

    (1) For a portion of my products, I use the provider "ThriveCart" for order processing. The ThriveCart Privacy Policy is available at: https://legal.thrivecart.com/platform/privacy/

    (2) For the performance and processing of a booking, ThriveCart requires the following data from you:

    • First and last name
    • Address
    • E-mail address
    • For entrepreneurs: company name and VAT identification number
    • Telephone or mobile number

    The specific data that is mandatory depends on the required fields for the respective product.

    (3) For your customer account, ThriveCart requires the data referred to in paragraph 2 above and a password freely chosen by you.

    (4) The data provided by you shall be used exclusively for the fulfilment and processing of your order(s) without your separate consent, for example for the dispatch of goods to the address you have specified. In the case of payment by bank transfer, ThriveCart shall also use your bank details or credit card details for payment processing. Any use of your personal data beyond this scope, for the purposes of advertising, market research, or the tailored design of further offers, shall require your express consent.

    (5) Without the creation of a user account, ThriveCart shall only store the data provided by you within the scope of its obligations under tax and commercial law.

    (6) In the event of a change to your personal details, you shall be responsible for updating them yourself. You may make changes via ThriveCart. A link will either be provided to you in the purchase confirmation, or you may contact https://house-of-coaching.thrivecart.com/updateinfo/

    § 17 Provision of Suitable IT Infrastructure and Software

    You shall be solely responsible, at your own cost and risk, for the provision and maintenance of an internet connection (hardware, telecommunications connections, etc.) and all other technical equipment and software necessary for the use of my online offerings (in particular, a web browser and PDF software such as Acrobat Reader®, Zoom).

    § 18 General Information on Coaching

    1. Coaching is based on cooperation.
    2. Participation in coaching requires a self-responsible willingness to learn. I cannot guarantee any particular outcome for these processes. I serve merely as a process facilitator and provide support, templates and guidance. The implementation and decision-making remain your sole responsibility.
    3. You shall be fully and solely responsible for your physical and mental health, both during sessions and in the periods between appointments. All measures you may take as a result of the coaching shall be within your own area of responsibility. If you have, or have been medically diagnosed with, a mental health condition, participation in my coaching programmes shall not be permitted.
    4. For offline events, I shall have the authority to issue instructions to you for the duration and within the scope of in-house consultations, training sessions, workshops, webinars, or comparable services.
    5. Participation shall be at your own risk.
    6. For offline events, I shall not be liable for valuables brought by participants.
    7. You shall be required to cooperate in accordance with statutory provisions in the event of service disruptions, and to avoid or minimise any damage. In particular, I request that you bring any complaints to my attention without delay. Should you culpably fail to report a defect, you shall forfeit your right to a reduction of the participation fee.

    § 19 Protection of Know-How and Confidentiality

    (1) You acknowledge that all information you receive during our collaboration regarding the manner of my service provision (ideas, concepts and operational experience (know-how) developed by me), which is to be kept confidential by virtue of statutory provisions or the nature of the matter, constitutes a trade secret. For this reason, you undertake to maintain the trade secret and to observe confidentiality with respect to the aforementioned information.

    (2) Within the framework of a written reference agreed upon in advance, you shall be permitted to discuss or write about the nature of our collaboration.

    (3) The duty of confidentiality shall survive the termination of our collaboration.

    (4) Information not subject to the duty of confidentiality includes information that:

    • was already known prior to the assumption of the confidentiality obligation,
    • was developed independently of me,
    • was or is publicly accessible at the time of receipt or subsequently became publicly accessible through no fault of yours.

    (5) A reasonable contractual penalty shall become due for each breach of the duty of confidentiality.

    Part 5: Confidentiality and Liability Provisions

    § 20 Confidentiality of Both Parties

    (1) I undertake to maintain strict confidentiality with respect to all confidential information concerning you, both during and after the termination of the coaching programme.

    (2) You shall be obliged to maintain confidentiality with respect to all information to be treated as confidential that comes to your knowledge in the course of our collaboration, and to use such information vis-à-vis third parties only with my prior written consent. This shall also apply to all materials you receive from me within the scope of the coaching programme or to which you have access.

    (3) In group programmes, the duty of confidentiality shall also extend to confidential information of other participants that you become aware of within the scope of the programme.

    § 21 Liability for Content

    (1) In the course of coaching, I identify patterns and/or courses of action and may provide general recommendations. The responsibility for implementation and the making of management decisions shall rest exclusively with you.

    (2) The files and documents provided by me constitute templates that you must adapt to your specific needs. No liability is assumed for the completeness or currency of these templates.

    (3) I reserve the right to optimise and adapt the content at any time.

    § 22 Limitation of Liability

    (1) I shall be liable for intentional acts and gross negligence. I shall further be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the contractual purpose, and on the observance of which you may regularly rely. In the latter case, however, I shall only be liable for the foreseeable, typically occurring damage. I shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences. The foregoing exclusions of liability shall not apply in the event of injury to life, body or health. Liability under product liability legislation shall remain unaffected.

    (2) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times in accordance with the current state of technology. I shall therefore not be liable for the continuous and uninterrupted availability of the offering.

    § 23 Force Majeure

    (1) Force majeure shall be deemed to exist where an event occurs that is external, unrelated to business operations, and not preventable by the utmost care reasonably to be expected. Force majeure shall be assumed in the case of natural disasters (floods, earthquakes, catastrophes, storms, hurricanes, fire), political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases and quarantine orders imposed by authorities, states or nations. The foregoing enumerations are non-exhaustive; comparable events shall also fall within the definition of force majeure.

    (2) The party first becoming aware of the event shall inform the other party without undue delay.

    (3) Should it no longer be possible to render my services online due to the event, the parties agree that, in the event of force majeure within the meaning of paragraph 1, the contractual obligations shall be suspended for the duration of the impediment. This means that the obligations of both parties shall be temporarily suspended. Fees already paid in advance shall remain with me for this period. Should further payments be due from you, payments for services already rendered shall still be owed. For services not yet rendered, you may suspend payment for the period of the contractual suspension. As soon as the rendering of my services online is again possible, the contract shall be resumed. Each party shall bear any further potential damages on its own.

    (4) If the event persists for more than six (6) months and it is not possible to render my services online, either party shall be entitled to terminate the contract with three (3) weeks' notice to the end of the month in text form. Services already rendered by me shall be payable by you. Fees paid in advance shall be refunded by me. In the event of such termination, each party shall bear any further damages (e.g. hotel bookings, flight bookings, etc.) itself.

    (5) In the event that the event persists for more than twelve (12) months and it is not possible to render my services online, the contract shall be dissolved. A final settlement shall then be prepared by me. This settlement shall list the services rendered by me and the payments made by you. Should you still owe payments for services already rendered, these shall be due within fourteen (14) days of receipt of the final settlement. Should a credit balance exist in your favour, this shall be paid to you within a reasonable period following the dispatch of the final settlement. The final settlement may be sent as a PDF attachment by e-mail. Any further claims arising from the force majeure event shall be excluded. Each party shall bear any damages incurred by it on its own.

    Part 6: Final Provisions and Jurisdiction

    § 24 Amendments to these General Terms and Conditions

    These General Terms and Conditions may be amended where there is an objective reason for the amendment. Such reasons may include, for example, changes in legislation, modifications to my offerings, changes in case law, or a change in economic circumstances. In the event of material amendments that affect you, I shall inform you in due time of the planned changes. Following such notification, you shall have a 14-day right of withdrawal. Upon expiry of this period, these new provisions shall become an effective part of the contract.

    § 25 Final Provisions

    (1) The terms and conditions set out herein are complete and final. In order to avoid any ambiguity or dispute between us regarding the respective agreed contractual content, any amendments and supplements to these terms and conditions should be recorded in writing – e-mail (text form) being sufficient.

    (2) Insofar as you, as a consumer, had your domicile or habitual place of residence in Switzerland or Germany at the time of concluding the contract and have either relocated from Switzerland or Germany at the time an action is brought by me, or your domicile or habitual place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of House Of Coaching Management in Dubai (UAE). For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law, or special funds under public law, the place of jurisdiction shall be the registered office of House Of Coaching Management in Dubai (UAE).

    (3) For customers with their domicile or habitual place of residence outside the European Union and Switzerland, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Dubai, United Arab Emirates (UAE). The laws of the UAE shall apply exclusively.

    (4) I wish to draw your attention to the fact that, in addition to the ordinary courts, you also have the option of out-of-court dispute resolution pursuant to Regulation (EU) No 524/2013. Details may be found in Regulation (EU) No 524/2013 and at the following web address: http://ec.europa.eu/consumers/odr. I do not participate in the dispute resolution procedure.

    (5) Should any individual provision of this contract be or become invalid, the remainder of the contract shall not be affected thereby. The scope of performance agreed in the provision shall be adjusted to the extent legally permissible.

    Appendix: Consumer Information and Right of Withdrawal Notice (Europe)

    Consumer Information

    1. The language available for the conclusion of the contract is English.
    2. The presentation of my services on the website or in the Facebook group does not constitute a binding offer on my part. Only the booking of a service by you constitutes a binding offer within the meaning of § 145 of the German Civil Code (BGB). In the event that I accept this offer, I shall send you a booking confirmation by e-mail. The contract for the booking is thereby concluded.
    3. The prices stated by me are gross prices inclusive of taxes (for Germany).
    4. The data required for the performance of the contract between you and me shall be stored by me and shall be accessible to you at all times. In this regard, I refer to the Privacy Policy on my website.
    5. As a consumer, you shall have a right of withdrawal in accordance with the instructions set out below.

    Withdrawal Notice – Right of Withdrawal

    As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

    You shall have no right of withdrawal if you have expressly agreed at the time of your booking that I should commence the performance of the service before the expiry of the withdrawal period and such service has been fully performed. If I have partially performed the service, your right of withdrawal shall no longer exist to that extent.

    Commencement of the withdrawal period upon booking coaching

    The withdrawal period shall be fourteen days from the date of conclusion of the contract. The contract is concluded on the date on which you receive a confirmation e-mail from me following a successful booking.

    Commencement of the withdrawal period upon purchase of physical products

    The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods. If you have ordered multiple items, the relevant date shall be the date on which you or a third party designated by you, other than the carrier, took possession of the last item.

    To exercise your right of withdrawal, you must contact me at the following address:

    HOUSE OF COACHING MANAGEMENT - FZCO

    IFZA Business Park, Building A1

    Digital Park DDP, Silicon Oasis

    PO Box 342001, Dubai

    United Arab Emirates

    +971 58 567 5448

    legal@house-of-coaching.online

    by means of a clear declaration by e-mail of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. To comply with the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

    Consequences of Withdrawal

    If you withdraw from this contract, I shall reimburse all payments I have received from you no later than fourteen days from the date on which the notification of your withdrawal from this contract was received by me. For this refund, I shall use the same means of payment that you used for the original transaction. If you made payment by bank transfer, please provide me with your account details, as I can only see a portion of your account data on the bank statement.

    If you have agreed that I should commence performance before the expiry of the 14-day withdrawal period, you shall owe me the corresponding consideration (fee) for such services and shall have no right to a refund in that regard.

    Consequences of Withdrawal for Physical Products

    If you withdraw from this contract, I shall reimburse all payments I have received from you, including the delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by me), without undue delay and no later than fourteen days from the date on which the notification of your withdrawal from this contract was received by me. For this refund, I shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event shall you be charged any fees as a result of such refund.

    You must return the goods to me without undue delay and in any event no later than fourteen days from the date on which you informed me of your withdrawal from this contract. You shall bear the cost of returning the goods. I shall be entitled to withhold the refund until I have received the goods or until you have provided proof that you have dispatched the goods, whichever is the earlier.

    Compensation for Diminished Value

    If the goods have suffered a loss in value attributable to handling of the goods that was not necessary for the purpose of examining the quality, characteristics and functioning thereof, and should the goods therefore be damaged, worn, or otherwise diminished in their fitness for use and for that reason not be capable of being returned in full or at all, I shall have a claim for compensation for diminished value in the form of a monetary payment. Such compensation shall be calculated in proportion to the extent to which the condition of the goods deviates from the original condition.

    Model Withdrawal Form

    (pursuant to German law – Annex 2 to Article 246a § 1 (2) sentence 1 no. 1 and § 2 (2) no. 2 EGBGB)

    To:

    HOUSE OF COACHING MANAGEMENT - FZCO

    IFZA Business Park, Building A1

    Digital Park DDP, Silicon Oasis

    PO Box 342001, Dubai

    United Arab Emirates

    or to: legal@house-of-coaching.online

    I/We (*) hereby give notice that I/We (*) withdraw from the contract concluded by me/us (*) for the booking of the coaching (description to clearly identify the booking to which the withdrawal relates):

    • Booked on: (*) . . . . . / . . . . .
    • Confirmation e-mail received on: (*)
    • Name of consumer(s):
    • Address of consumer(s):
    • Bank details for refund:
    • Signature of consumer(s) (only for notification on paper):

    Date:

    (*) Delete as applicable