Terms

and

Conditions

of

Use

Terms and Conditions of Use

These Terms and Conditions of Use (also called “terms and conditions”, “terms of use”) shall govern your use of our website CoachEmi.be (also called “our site”, “our website”, “website”, “this website”, “the website”).

1. Introduction

1.1.   By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

1.2.   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3.   This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you are a minor.

1.4.   Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy and Cookies Policy.

2. Credit

2.1.   This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1.    All the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.2.    The materials contained in this website are protected by applicable copyright and trade mark law.

4. License to use website

4.1.   You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2.   You may only use our website for your own personal, non-commercial viewing, and you must not use our website for any other purposes.

4.3.   Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.4.   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.5.   This license shall automatically terminate if you violate any of these restrictions and may be terminated by CoachEmi.be at any time.

5. Acceptable use

5.1.   You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

5.2.   You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate and non-misleading.

5.3.   You agree that we have the sole right to decide what constitutes a violation of the Acceptable Use Policy and what is the appropriate severity of any corrective action to be applied.

5.4.   Failure on your part to maintain your behavior in full compliance with these terms and conditions may result in warning, resource usage limitations, suspension or immediate services termination with no refund.

5.5.   You understand and agree that in the event of violation of the Acceptable Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion.

5.6.   You acknowledge that we can immediately suspend and/or terminate each service if you violate the Acceptable Use Policy and will not be responsible for any data loss resulting from such termination of Subscription.

6. Subscriptions and Renewals

6.1.   The services that may be accessed after payment are currently referred to as the “Paid Subscription(s)” or just “Subscription(s)”.

6.2.   You must be over the age of eighteen at the time you purchase a Paid Subscription.

6.3.   Paid Subscriptions can be purchased by paying a monthly subscription fee.

6.4.   CoachEmi.be may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling the Subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

6.5.   Prepayment – it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Subscription in advance of the time period during which the Subscription services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

6.6.   Auto-renewal – unless otherwise provided, you agree that until and unless you notify CoachEmi.be of your desire to cancel the Subscription, you will be billed on an automatically recurring basis to prevent any disruption to your services, using your credit card or other billing information on file with us.

6.7.   You may choose to renew your Subscription(s) manually at any time.

6.8.   Late Payment – all invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of the Subscription. Access to the services will not be restored until payment has been received.

6.9. Trials – from time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). CoachEmi.be reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

6.10. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Subscriptions are provided on as-is basis.

6.11. The proprietary and third-party software we use as part of the Subscription services is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in these terms and conditions. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected.

7. Payments and cancellations

7.1.   You are responsible for the charges set out on the Paid Subscription order, in the currency specified on the order (Fees).

7.2.   Invoices are due immediately upon receipt (Due Date). CoachEmi.be reserves the right to suspend the Services until payment is made. Time for payment is of the essence.

7.3.   By accepting these terms and conditions, you hereby authorize CoachEmi.be to send you invoices electronically at the email address specified during your order. If you would like to receive a paper invoice, you should contact us at email: hello@coachemi.be.

7.4.   Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees.

7.5.   Taxes – listed fees for the Subscriptions do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CoachEmi.be’s invoice as a separate charge to be paid by you.

7.6.   If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. Your Subscription may be suspended during bill disputes. To reactivate your Subscription, you must first pay all outstanding Fees.

7.7.   We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. CoachEmi.be is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

8. Money Back Guarantee

8.1.   Our 30 day Money Back Guarantee gives you peace of mind that our Subscription services will meet the expectations set out in the terms and conditions, in our resources and on our website. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Money Back Guarantee is your sole and exclusive remedy should our Subscription services fail to meet the expectations set out in these terms and conditions, on our website and in our free resources.

100% satisfaction guarantee:

  • If you decide the Subscription services were of no use to you or you had no benefit of your order, we will refund your latest monthly payment in full.
  • In case of pre-payment for a longer period, the payment will be prorated and we will refund the remainder of the payment for the unused time of the pre-paid period, plus the payment for your last 30 days of using the Subscription.

9. Customer support

9.1.   For customer support with service-related and payment-related questions (“Customer Support Queries”), please contact us at email: hello@coachemi.be, through Facebook page: www.facebook.com/coachemi.be, or through the contact form on our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

10. Your content: license

10.1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10.3. You grant to us the right to sub-license the rights licensed under Section 10.2.

10.4. You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

10.5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6. You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Your content: rules

11.1. You warrant and represent that your content will comply with these terms and conditions.

11.2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    constitute spam;

(p)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

12.  Limited warranties

12.1. We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website or any service on the website will remain available;

(d)    that the materials on the web site do not include technical, typographical, or photographic errors

(e)    the accuracy, likely results, or reliability of the use of the materials on our web site or otherwise relating to such materials or on any sites linked to this site

12.2. We reserve the right to discontinue or alter any or all of our website services and materials, and to stop publishing our website, at any time in our sole discretion without notice or explanation; you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3.   We reserve the right to monitor all materials and comments posted on any blog or bulletin board on our website and to remove any, which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.

12.4.   You hereby represent and warrant that you have all necessary rights in and to all postings and images you provide and all material they contain and that such postings shall not infringe any proprietary or other rights of third parties.

12.5. To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and exclusions of liability

13.1. Nothing in these terms and conditions will:

(a)   limit any liabilities in any way that is not permitted under applicable law; or

(b)    exclude any liabilities that may not be excluded under applicable law.

13.2. The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3. To the extent that our website and the information and resources on our website are provided “as is”, we will not be liable for any loss or damage of any nature.

13.4. Regarding the coaching services, live sessions, workshops and any other services, provided to the users of the CoachEmi.be website, please see the Disclaimer.

13.5. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.6. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.7. We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.8. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.9.   We have not reviewed all of the sites linked to and from our web site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CoachEmi.be of the site. Use of any such linked web site is at the user’s own risk.

13.10. Your use of the Subscription service(s) is at your own risk. We do not make, and hereby disclaim, any and all other express and/or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from a course of dealing, usage, or trade practice.

13.11. Without limiting the generality of the foregoing, we do not warrant that the Subscription service(s) will meet any or all of your expectations; will operate in all of the combinations which may be selected for use by you; or that the operation of the Subscription service(s) will be uninterrupted, error-free or completely secure.

13.12. No employee or agent is authorized to make any warranty on our behalf.

14. Termination & cancellation

14.1.   Either party may terminate these terms and conditions upon written notice to the other if one party materially breaches any terms of these terms and conditions and the breaching party fails to correct the breach within ten (10) days following the other party’s written notice, or immediately, if the breach is incapable of cure.

14.2.   Termination by CoachEmi.be – CoachEmi.be may terminate the Subscription services if you violate these terms and conditions or any agreement incorporated by reference.

We may terminate a particular order, or aspect of the Subscription services, if a Third Party ceases to make components of the service available to us, or if providing them to you becomes cost prohibitive.

14.3.   Termination by you – you may terminate the Subscription at any time by contacting us at email: hello@coachemi.be; Facebook page: www.facebook.com/coachemi.be or the contact form on our website. We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). You must follow this procedure in order to terminate each Subscription. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable as set out in our Money Back Guarantee.

15. Breaches of these terms and conditions

15.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise;

15.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

16.  Intellectual property rights and other consents

16.1. CoachEmi.be retains ownership of all intellectual property rights in the Subscription services. CoachEmi.be grants to you a limited license to access and use the Subscription services. All trademarks, product names and company names or logos used by CoachEmi.be are CoachEmi.be’s property or the property of their respective owners. No permission is given by CoachEmi.be to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.

17.  Certain information

17.1.   Both you and CoachEmi.be undertake not to disclose to a third party any confidential information which you or CoachEmi.be receive relating to the contents or performance of these terms and conditions, unless necessary for a party to perform their obligations under these terms and conditions, the Subscription services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.

17.2. Without prejudice to Paragraph 17.1., CoachEmi.be shall be entitled to mention your name as a client of CoachEmi.be with your prior consent.

17.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact you.

18.  Variation

18.1. We may revise these terms and conditions at any time with notification to you by email and by posting a notice on our website. If you do not agree to any changes, you must terminate your Subscription within ten (10) business days of the date of the change. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

18.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and posting the notification to you by email, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

18.3. Only a CoachEmi.be officer may alter these terms and conditions. No agent of, or person employed by, or under contract with, CoachEmi.be has any authority to alter or vary these terms and conditions. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

19.  Assignment

19.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

19.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

20. Severability

20.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21.  Third party rights

21.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

21.2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

22. Entire agreement

22.1. Subject to Section 13.1, these terms and conditions, together with our Privacy Policy and Disclaimer, as well as your Subscription, if you have such, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

23.  Law and jurisdiction

23.1. These terms and conditions shall be governed by and construed in accordance with the laws of Republic of Bulgaria without regard to its conflict of law provisions.

23.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Republic of Bulgaria.

24.  Contact details

24.1. This website is owned and operated by Emilia Petkova (Coach Emi).

24.2. Our principal place of business is at Sofia, z.k. Borovo, bl. 13A, entr. A, apt. 28.

24.3. You can contact us:

(a)  by using our website contact form

(b)  by email, using: hello@coachemi.be

(c) through Facebook page: www.facebook.com/coachemi.be

25. Notices

25.1.   Any notice to be given by either party to the other may be sent by email. Notices sent to you by email shall be deemed received upon sending.

25.2.   We will provide notices to you using the information you provide to us. We have no responsibility for misdirected notices based on your failure to provide correct information.

25.3.   Termination notices must be provided to us as set out in paragraph 14.

25.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:

Emilia Petkova

Sofia, z.k. Borovo, bl. 13A, entr. A, apt. 28.

Bulgaria

Email: hello@coachemi.be

26. Miscellaneous

26.1.   Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten (10) days from the beginning of the event.