Definitions

The definitions and rules of interpretation in this clause apply in this Agreement

"Agreement" Are references to the legal document in conjunction with any agreed-upon Online Coaching Services, the Coaching Services Agreement.

"Business" Means providing Online Coaching Services and on-going ancillary and community Services,

"Business Day" Any day (other than Saturday and Sunday) when the banks are generally considered open for business.

"Communication" Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet-connected or wireless computer access, e-mail, or any similar technology or device.

"Community" The Coaching Community available on various Platforms and Social Media outlets.

"Company" Must include, individually and collectively, the entity identified above as Company as well as its subsidiaries, officers, directors, shareholders, employees, associates, members, and employees of Company.

"Confidential Information" All Information, including all specifications, designs, and drawings provided by the Company.

"Customer" Those who have agreed to be provided Online Coaching Services and have signed a separate Agreement with the Company.

"Industry Standard Practice" The Standard Business Practices within the specific Industry.

"Notice" "Notice" shall mean an instrument in writing unless otherwise prescribed.

"Member" Member of the Community

"URL" The address of the web page within the Internet.

"User" Any Individual who has accessed the Website.

"User Engagement" The degree to which a Website visitor has engaged with the Website.

1. Overview

1.1. The Company provides all Users with information to access opportunities relating to Online Coaching Services and access to the Community.

1.2. All Information stemming from the Company and Website is strictly confidential.

1.3. All Content and Materials contained within the Website shall be considered personal opinion and for general information purposes only.

1.4. All Content and Materials have been created and written using an honest and unbiased opinion and should no way be confused or relied upon as fact or advice.

1.5. Note that every advice the coaches give is an opinion. The Company is not liable for any profit losses or any other losses that are recognized because their council has been awarded.

2. Use of the Website

2.1. The Use of this Website is subject to the following terms;

2.1.1. All content is for general use only.

2.1.2. All content is subject to change without notice.

2.1.3. The Website uses cookies to monitor browsing preferences.

2.1.4. Neither we nor any Third Party provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Website for any particular purpose.

2.1.5. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.1.6. Your Use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements.

2.1.7. This Website contains material that may be either owned by or licensed to us. This material includes, but is not limited to, the information, courses, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2.1.8. Unauthorised Use of this Website, information, or courses is strictly prohibited and may give rise to a claim for damages and/or be a criminal offense.

2.1.9. From time to time, the Website may also include links to other websites which are not directly connected to the Company or the Website.

2.1.9.1. These links are provided for your convenience to provide further information.

2.1.9.2. They do not signify that we endorse the Website (s).

2.1.9.3. We have no responsibility for the content of the linked Website (s).

3. Content

3.1. The Content of this Website includes messages, videos, PDFs, and other materials posted by the Company.

3.2. All Content is intended for the personal use of the Users and Customers and is not to be distributed or used within any commercial context.

3.3. Every effort is made to keep the Website up and running smoothly.

4. Companies Duties & Responsibilities

4.1. To provide the Online Coaching Services with due care, skill, and ability.

4.2. To provide fast responses and support during the Agreed Services.

4.3. The Agreed Services are not considered therapy or counseling,

4.3.1. Coaching does not treat mental disorders and is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or medical treatment of any kind. By entering into this Agreement, you confirm that you will not use it in place of any form of therapy.

4.4. If for any reason the Company is unable to provide the Agreed Services at the agreed time, the Company will provide the Customer with as much notice as possible, and we shall reschedule the Session for a time mutually agreed.

5. Customers Obligations

5.1. The Customer shall:

5.1.1. Review, understand, and remain informed of the full legal terms of this Website in addition to any relevant Agreement with the Company relating to agreed Online Coaching Services.

5.1.2. Provide the Company with all necessary and required access to, and use of, all information, data, and documentation reasonably required by the Company for the performance of its obligations under any Agreement, as upon being requested to do so.

5.1.3. Ensure that such information, data, and documentation is complete and accurate in all material respects.

5.1.4. Ensure that payment of all invoices is immediately satisfied.

5.1.5. That they have the availability and financial means to satisfactorily participate, as deemed by the Company, and complete all Agreed Services.

5.1.6. They have a comprehensive understanding of and a genuine ability to participate in all Agreed Services.

5.1.6.1. The Company is entitled to suspend all Services until the agreed payment has been fulfilled.

5.1.7. Notify the Company of any changes to the information, data, and documentation it provides to the Company where relevant. Notify the Company in writing of any changes that can affect Agreed Services.

5.1.8. Where the Company is required to comply with any third-party website owner's platform selling policy or similar rules or regulations, the Customer agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.

5.1.8.1. Acknowledges that deciding how to handle any issues that may arise, the choices you make in relation to them, and following through on any agreed action is exclusively the Customer's responsibility.

5.1.8.2. The Company shall use all reasonable endeavors to correct any Error, providing that it may charge the Customer for carrying out such work where the Error is caused by any failure by the Customer to comply with its obligations under these Terms (including but not limited to any failure by the Customer to provide the information required by the Company in order to carry out the Services or where the information provided by the Customer is incorrect or incomplete).

5.1.8.3. If a Customer is currently receiving treatment from a doctor or other healthcare professional, by entering into this Agreement, you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the Agreed Services.

5.1.8.4. Customers have to have full legal capacity and are able to undertake legal transactions.

5.1.8.5. Use of certain Website areas requires Internet access, audio manager software, or other software allowing the downloading and storing audio and audio-visual files in MP3 or other digital format and, for certain downloadable content, a compatible player device.

5.1.9. The Customer must arrive promptly to the agreed Online Coaching Services.

5.1.9.1. Upon delay, it is at the discretion of the Company to cancel or reschedule the Online Coaching Services.

5.1.10. All Users, Customers, and Members within the Community shall follow the Community Guidelines.

6. Payment

6.1. The Company shall issue a VAT invoice in respect of all Charges. The Customer shall immediately pay the Company the Charges in accordance with the terms set out within an Agreement.

6.2. Customers are not entitled to refund or/and exchange.

7. Warranties & Representation

7.1. The Company makes no Warranty or Representation of any kind, expressed or implied, as to the products or Services included on the site being offered to the Customer.

7.2. The Company does not warrant those service descriptions or other content of this site is accurate, complete, reliable, current, or error-free due to third parties and the nature of e-commerce.

7.3. The fullest extent permissible by applicable law, the Company disclaims all Warranties, Express or Implied, which extend beyond the description of the Products contained in these Terms and within the Website.

7.4. The Customer warrants they are acting;

7.4.1. In accordance with the Terms and Conditions set herein, including providing accurate information regarding payment details.)

7.4.2. In accordance with any and all applicable jurisdictional laws, regulations, and statute; and

7.4.3. In accordance with generally recognized commercial practices and standards

7.4.4. The Client warrants that no obligation exists to a third party prohibiting them from entering into this Agreement, and that to the Client's knowledge, work produced under this Agreement will not violate any Right or Intellectual Property Right of any person.

7.5. These Terms and the documents referred to in them set out the full extent of the Company's obligations and liabilities in respect of the supply of the Services. All conditions, warranties, or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

8. Medical Disclaimer

8.1. Entertainment and Educational Purposes: This Website is for Entertainment and Educational Purposes only and should not be considered as Medical Advice, Treatment, or a Diagnosis in any way. The information on this Website is solely the opinion and does not constitute Medical, Psychiatric, Dietary or Nutritional advice in any form.

8.2. Declaration: The Website, and all those involved in any capacity, hereby declare that in no way does the Website attempt to represent itself or claim to be a Professional Registered Medical Establishment, nor does it imply to be a substitute for Professional Medical Advice.

8.3. User's Responsibility: Users should always consult a licensed medical practitioner regarding any medical concerns.

9. Privacy Confidentiality & Data Protection

9.1. All Parties to this contract have the right for their Sensitive and Confidential Information to be held in confidence by the other Party and protected from unauthorized disclosure.

9.2. All information in relation to this Agreement provided or become discovered by the User during the term of this Agreement is considered "Confidential Information."

9.3. All information provided to and by the Company, the User, the Customer, and any relevant 3rd party regarding all aspects of this Agreement shall for all time and for all purposes be regarded by both Parties as strictly confidential and held by User in utmost confidence and shall not be used by directly or indirectly, or disclosed or sold to any unauthorized personnel.

9.4. Customer are not allowed to poach any past or present customers/employees of the company, furthermore, selling his or other services to any past or present customers/employees of the company or participate in any other business activities. 

9.5. Exceptions to the above include:

9.5.1. With written permission and signed consent from the Company.

9.6.The Clients are not allowed to share the products with 3rd parties. Clients are not allowed to duplicate our services and are not entitled to start a business in the field without written consent.

9.7. Advertising: The Company is entitled to use the Content and Information made available by the User, including but not limited to the name, Logo, Pictures and all other items deem reasonable within the framework of advertising the Platform. This right of use includes, but not limited to;

9.8. Use within the framework of Google-AdWords,

9.9. Advertising campaigns,

9.10. Other measures of online marketing and Search Engine optimization.

9.11. Users can opt-out by sending a written notice to the Company.

9.12. Personal Data & Confidentiality: All personal data which the Company transmits to the User may only be used for the fulfillment of contractual obligations and only for as long as for legal and tax reasons require it, save, process and use within the scope of this contract, the User shall, in order to fulfill its obligations under this Agreement, provide the Customer's data (Name, Shipping Address and Phone Number).

9.13. In order for Company to perform the Services, it may be necessary for the Client to provide the Company with Confidential Information regarding the business of the Client. The Client will rely heavily upon the integrity and prudent judgment of the Company to use this information only in the best interests of the Client.   

9.14. Both Parties agree the terms of an agreement (including its existence) must be treated as the Confidential Information of both parties and neither Party will issue any press release or make any other statement, written or oral, to the public, the press or otherwise, relating to the Agreement and the transactions contemplated by the Agreement that has not previously been approved in writing by the other Party.

9.15. The data processing ends with one-time execution of the delivery of the goods. The data is stored for 7 (seven) years.

9.16. Processing of Data: The User understands their full obligation and compliance with all aspects of the General Data Protection Regulation (GDPR) and has committed all necessary personal for the monitoring and processing of personal data.

9.17. The User takes full burden for their technical and organizational measures to ensure that the Company can fulfill the rights of the person concerned under chapter III of the GDPR (information, information, rectification and deletion, data transferability, opposition, as well as automated decision-making in individual cases), Art. 32 to 36 GDPR (data security measures, notifications of personal data breaches to the supervisory authority, notification of breaches of personal data protection), Data protection impact assessment, prior consultation, established a processing directory according to Art 30 GDPR for the present order processing at all times within the legal deadlines and shall ensure to provide the Company with all the necessary information. All data processing activities are carried out exclusively outside the EU/EEA. The appropriate level of data protection results from the standard data safeguards clauses in accordance with art 46 ABS 2 Lit C and D GDPR.

9.18. The User shall immediately notify the Company in the event that it does, or it has reason to believe it will become non-compliant with the GDPR requirements.

9.19. The User has to inform the Company immediately if it considers that a violation of data protection provisions is at risk of or has occurred.

9.20. In the event the User receives notice from the Company to provide data, the User shall, where legally permissible, inform the Company and refer the authority thereof.

9.21. Processing of Data for purposes outside of the Platform or this contract shall require written and signed consent from the Company.

9.22. All Users are obliged to seek out, read and understand the separate Company and any Website Privacy Policy and Disclaimer.

10. Indemnification

10.1. All Users, Members, and Customers will indemnify harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Users breach of this or Customers violation of any law or the rights of a third party.

10.2. The Client agrees to indemnify and hold the Company, its officers, agents, and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses, whether relating to the property of any third party, or to personal injury or death, arising out of or in any way contributed to by the acts or failure to act by any party.

10.3. The Client shall indemnify and keep indemnified the Company against any costs, claims, or liabilities incurred directly or indirectly by the Employment of Personnel arising out of any engagement, including, without limitation, as a result of any breach of this Agreement by the Client.

11. Liability

11.1. The Website is in no way accountable, liable, or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company and Website Disclaimer Policies and Privacy Policies.

11.2. All those involved Website do not accept any and shall not be held responsible whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or products referred to on the Website.

11.3. The Company provides information sourced from a wide variety of Third-Party individuals, companies, and organizations, including Testimonials. The use of this information by The Company should not be construed as sponsorship, endorsement, or approval of such. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company's web site, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.

11.4. Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

11.5. The Website is subject to modification, amendments, or change in any aspect without notice. The content may be subject to change due to factors outside of our control.

12. Warranties

12.1. The Company warrants that:

12.1.1. It shall provide the agreed Online Coaching Services:

12.1.2. In accordance with the Terms and Conditions set herein and within any Agreement;

12.1.3. In accordance with any and all applicable laws, regulations, and statute;

12.1.4. With reasonable care and skill;

12.1.5. In accordance with generally recognized commercial practices and standards;

12.2. The Company cannot warrant that changes made by a third-party website owner to its website platform will not affect the Services, and the Company shall not be liable for any damage or loss suffered by the Customer as a result of such changes.

12.3. These Terms and the documents referred to in them set out the full extent of the Company's obligations and liabilities in respect of the supply of the Services. All conditions, warranties, or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

13. Intellectual Property

13.1. Users must acknowledge and agree that the Website contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on the Company or any corresponding Website, in whole or part.

13.2. You must acknowledge, understand, and agree that all of the Companies and the Websites trademark, copyright, trade name, service marks, and other logos within any brand features, and/or product and service names are trademarks and, as such, are and shall remain the property of the Company.

13.3. You must not display and/or use in any manner the the Company, the Website logo, or marks without obtaining the Companies prior written consent.

14. Status

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

15. Cancellation and Postponement Policy for Subscription Products

15.1. Customers may cancel their subscription by providing a written request to billing@marcaurelconsulting.com

15.2. A minimum notice of 72 hours prior to the subscription renewal date is required for cancellations to take effect. Cancellation requests received within this timeframe will be processed, and no further charges will be incurred.

15.3. Clients have the option to postpone a scheduled coaching call up to 72 hours after the subscription renewal date. To exercise this option, clients must notify the company within the specified timeframe.

15.4. If a client fails to notify the company of their intention to postpone a coaching call within the specified 72-hour timeframe, the call will be considered forfeited, and no rescheduling or refunds will be provided.

16. Force Majeure

16.1. The Company shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this Agreement arising from or attributable to acts, events, omissions, or accidents beyond my reasonable control.

16.2. Where a Force Majeure Event gives rise to a failure or delay in either Party performing its obligations under the contract (other than obligations to make a payment), those obligations will be suspended for the duration of the Force Majeure Event.

17. Conflict Resolution

17.1. Your Use of this Website and any dispute arising out of such Use of the Website is subject to the laws of the Republic of Cyprus.

17.2. The Website reserves the right to use any method of conflict resolution it deems fit at the time.

18. Business holidays

18.1 The Company is not providing any services during their business holidays. All coaching services are paused between this period. The Company is obligated to inform the Customer about the start and end of the business holiday period.