These Terms will apply to all users of the Website and anyone who accesses, purchases or makes any use of the services and/or products offered on the Website. Please read these Terms carefully and make sure that you understand them. If you do not understand them, or do not agree with them, please refrain from using this Website.
BASIC INFORMATION CONCERNING THIS WEBSITE
Company provides a platform and facilities for communications only and the advisory services, products or seminars accessed or downloaded via this Website are provided by independent third parties who are not themselves, and whose advice is not, controlled, recommended or approved by Company. If you have any concerns as to the experience, suitability or quality of any expert, you should raise this matter directly with them and not Company. Company does not guarantee that the Experts possess the qualifications or experience ordinarily expected of or claimed by the Experts.
The advice, seminars and products accessible via this Website may deliver no actual benefit and may not be suitable for any particular purpose. Accessing advice over this Website should not be used as a replacement or alternative to medical help if you are or think you may be suffering from a medical condition or illness. Company only provides a marketplace for the advisory services, products or seminars accessed or downloaded from the website.
Consequently, the Company’s sole obligation is to use its reasonable endeavors to ensure that the Website is operational and functioning in according with the Terms below.
We reserve the right to amend these Terms from time to time.
These Terms, and any Contract between us, are only in the English language.
Company does not accept any responsibility or liability for the goods and services offered via this Website. Consequently, please do not use this website if you disagree with this basic information and/or the terms below. Because by making any use of this website you will be deemed to be bound by these terms.
Information according § 5 TMG:
Your24hCoach – The International Coaching Network
Hanauer Landstrasse 17
60314 Frankfurt am Main, Germany
Phone: 0049 /69 59 60 89 25
Fax: 0049 / 32 12 11 58 967
VAT number according to §27 a VAT law: 52778061931
Responsible for the content according §55 paragraph 2 RStV
Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. Whilst we make reasonable efforts to ensure the on-going availability of the Website (save for planned development/maintenance or planned periods of downtime) we give no guarantee as to its operational functionality or availability and will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you. Consequently, you are solely responsible for any posts, access or communications via or regarding the Website made from your registered account.
Services, Seminars and Products
It is possible for users to access Services, Seminars and Products via this Website. All Services, Seminars and Products are given, created or held by independent individuals who hold themselves out as experts in a particular field (“Advisors”).
1. Advisory services (“Services”) – users will be able to view a list of Advisors, and once registered may contact those individuals for advisory services. Please note, the Advisors are not employed, engaged, recommended, evaluated or approved by us. There is a fee payable by you to us for facilitating your contact with the advisor. The fee will be highlighted for you to accept/decline in advance of making contact with the advisor. By commencing communications with the advisor you will be deemed to have accepted the highlighted fee.
2. Online seminars (“Seminars”) – users will be able to view a list of seminars (if any) being offered by Advisors. Registered users can pay to access such seminars. The fee is payable by you to us for facilitating your access to the seminar. The fee will be highlighted to you in advance. By accessing the seminar you will be deemed to have accepted the highlighted fee.
3. Downloadable Advisory Products (“Products”) – users will be able to view a list of downloadable products created by the Advisors, or where (and only where) explicitly set out, but us. Registered users will be able to purchase copies of those products for their own non-commercial and personal use. The fee is payable by you to us for facilitating your access to the seminar. The fee will be highlighted to you in advance. By attempting to download the product you will be deemed to have accepted the highlighted fee, and the abovementioned restrictions. Unless otherwise stated by the Product, the Company is a re-selling agency only for the Products, and does not create or design the Products themselves. As such you agree we cannot be liable or responsible for the suitability, or fitness for purpose of any Product.
If you have any queries or problems relating to or arising out of the Products, you agree to raise these issues with the Advisor directly and not with us. If we have explicitly stated that we have created a Product, then such Product is provided “as is” and is not warranted or represented as being fit for any particular purpose. In any event, you agree that your sole remedy for any breach of contract, statute or tortious act or omission caused by us in relation to any Product you download will be for a refund of any sums you have paid to the Company for such Product. You hereby agree that such remedy is adequate.
You will only purchase Services, Seminars or Products from our Website if you are at least 18 years old.
You can only pay for Products, Services or Seminars using PayPal (or such other electronic payment system as we may choose at our sole discretion at any time). The Company makes no warranty or representation as to the functionality, availability, accuracy or fitness for purpose of any such electronic payment system, and you agree that we shall not be liable for any losses, costs, claims, penalties, charges or damages caused or incurred as a result of using such system.
All payments must be received in full and in advance by Company, otherwise access will be immediately denied. Evidence of payment by you is not evidence of receipt of such payment by Company. If we do not receive timely payments from you, we may terminate your membership with us immediately and without notice. Any credit you have already paid to use Services via the website will be retained by us.
Whenever you purchase Advisory Services you shall be entitled to leave feedback in relation to the Advisor’s performance. Performance shall be judged between 0 and 5 stars with 5 stars being the best. The scores you give shall be aggregated to provide a mean average feedback rating for the Advisor. Consequently, you hereby warrant that you shall provide true and accurate feedback and shall not do anything to interfere or manipulate the proper and authentic working of feedback ratings.
You are advised to keep a record of any time spent on Services. Whereas the Company utilises its own time recording system to record time you have spent receiving Advisory Services, we make no representation or warranty regarding the availability, accuracy or fitness for purpose of that system, and consequently we shall not be liable for any errors arising as a result of that system. We shall be entitled to obtain payment for your use of Services in accordance with records produced by our time recording system unless and until you can provide evidence to our reasonable satisfaction that shows a different amount of time spent communicating with Advisors. If you have any comments or complaints regarding your use of the Website, you should address these in writing to the Company at our registered office without undue delay.
As set out in the basic information, the Advisors are independent individuals or companies, and are not employed, engaged, owned, controlled, recommended or approved by Company. We only facilitate your access to such Advisors. Consequently, we make no representation as to the truthfulness, accuracy, suitability or effectiveness of any advice they offer or give in the Products, Services or Seminars. Before using such Products, Services or Seminars you agree that you are solely responsible for satisfying yourself as to the suitability of the Advisors, and that you will not hold us responsible for any acts or omissions made by the Advisors.
We act as a market place which facilitates contact between individuals seeking advice from Advisors and the Advisors who wish to provide such advice. Consequently, we use commercially reasonable endeavors to ensure the operation and availability of the website. However, you accept that we are entitled at our sole discretion to close some or all of the Website for any period we see fit, including ceasing operation of the Website altogether. We shall inform users (via the Website) of any intended periods of downtime, maintenance work or upgrades. Whilst you are able to purchase credit for utilizing Services in advance, you acknowledge that in the event the Company decides (in its sole discretion) to cease operating the Website, there shall be no refund for the credit purchased but not yet used. We use reasonable endeavors to ensure that Products can be downloaded and that the communication for Seminars and Services is uninterrupted. However, as all Products, Services and Seminars are accessible via the internet, you agree that we shall not be responsible for any interruption, damage or disturbance to communication caused by the availability or strength of an internet signal, or in any way in relation to your own internet connection or access.
If you pay for and download a Product, and the download is technically deficient as a result of communication/technical errors (which for the avoidance of doubt excludes any deficient or unsuitable content in the Product itself), you should contact us without delay informing us of the nature of the problem and the relevant error code. Once we have that information, and have reproduced that error, we shall refund you the funds you paid to us in relation to that Product. Refunds shall be made within 28 days of the aforementioned, via PayPal to the PayPal account details you provide.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published or accessed on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any Services, Seminars or Products you access or download are for your own personal use. You must not disseminate, disassemble, share, copy or reproduce in any form any material provided to you in whole or in part as a result of accessing the Website without our prior written consent.
Reliance on advice and materials accessed or posted on or via the Website.
We do not monitor, control, evaluate, recommend or approve any of the Advisors or their Products, Services or Seminars. Commentary and other materials posted on or accessed via our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Certain professions (in particular legal, medical and financial) require individuals offering such services to be fully qualified and approved/licensed by a regulatory body. As we do not control Advisors ourselves, if you have any concerns concerning the standing of any Advisor you should check this with the relevant Advisor and or regulatory body. You agree we are not liable for your failure to take these steps or your reliance on any advice you receive via our Website. As set out in the Basic Information above, you should not use the Website to gain medical advice. If you have or believe you may have a medical condition (whether physical or psychological) you should contact your General Practitioner (or relevant registered and licensed medical practitioner).
Changes to the Website
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
All material accessible, displayed or downloadable on or via the Website is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, suitability or fitness for any purpose. To the extent permitted by law we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website and any materials posted or accessed via or on the Website, including:
• Loss of income or revenue;
• Loss of business;
• Loss or corruption of data, software or information;
• Loss of business opportunity;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of goodwill;
• Wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for:
• Death or personal injury arising from our negligence
• Fraud or fraudulent misrepresentation
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• Defective products under the Consumer Protection Act 1987.
In any event our maximum aggregate liability to you in respect of any and all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you have paid for the Service, Product or Seminar being the subject matter of the claim. For the avoidance of doubt, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services, Products or Seminars. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that anything you obtain from this Website is suitable for your purposes.
How we use your personal information
Communications via the Website
Whenever you make use of a feature that allows you to communicate to other individuals or companies via our Website (including but not limited to the Advisors), you warrant that such communication will be lawful, reasonable and non-offensive. In particular you shall not use or make any defamatory or libelous comments or use or make any comments which do or are likely to cause offence (including but not limited to language which could be deemed discriminatory on the grounds of race, gender, age, sexual orientation, disability or religion.). You hereby indemnify us for any breach of that warranty.
Any comments or material you upload to our site will be considered non-confidential and non-proprietary, and we have the irrevocable and unfettered right to use (including sale and resale and for any other commercial purposes), delete, copy, incorporate, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site at our sole discretion.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You shall fully and effectively indemnify us from and against any costs (including legal costs), losses, claims or damages we may suffer or incur as a result of any breach by you of these Terms, including but not limited to, your obligations to pay for Services, intellectual property, confidentiality, and the introduction of viruses, hacking and other offences. For the avoidance of doubt, this obligation to indemnify us shall survive the expiry of your use of or access to the Website, and/or the rest of the Terms.
Links from the Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will notify you by posting on this Website if this happens. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
We reserve the right to amend these terms and conditions at any time. We shall inform you of any changes by posting amended terms on our Website. Consequently, it is your responsibility to visit the site to ensure you are aware of and agree with the applicable terms. If you do not agree with any of the terms at any time you should immediately cease using the Website. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Whilst the Website may be accessed by individuals all around the world, please note that this Agreement is governed by German law. This means a contract for any purchase through our site and any dispute or claim arising out of or in connection with it will be governed by German law. We make no warranty or representation that the services of or accessed via the Website are suitable or lawful outside of Germany. It is the exclusive responsibility of Users to be aware of the legal requirements in their jurisdiction prior to entering into this Agreement. You and we both agree to that the courts of Germany will have exclusive jurisdiction in the event of any dispute concerning or arising out of this Agreement.
Last updated: 07.01.2016