{"id":5256,"date":"2018-05-09T12:14:14","date_gmt":"2018-05-09T10:14:14","guid":{"rendered":"https:\/\/dmcoaching.eu\/?page_id=5256"},"modified":"2018-05-09T12:14:14","modified_gmt":"2018-05-09T10:14:14","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/dmcoaching.eu\/pl\/terms-and-conditions\/","title":{"rendered":"Terms And Conditions"},"content":{"rendered":"

TERMS & CONDITIONS<\/strong><\/p>\n

 <\/p>\n

ENROLLMENT AGREEMENT<\/p>\n

By clicking \u201cI Agree,\u201d emailing your statement of agreement, entering your credit card information, entering your PayPal email address or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (\u201cClient\u201d) agree to be provided with services by DM Coaching by Dominika Miernik on behalf of Dominika Miernik (\u201cCompany\u201d), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:<\/p>\n

 <\/p>\n

SERVICES<\/p>\n

(A)\u00a0Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of seminar, consulting, coaching, and\/or business or career coaching (the \u201cProgram\u201d).<\/p>\n

(B)\u00a0The terms of this Agreement shall be binding for any further goods\/services supplied by Company to Client.<\/p>\n

(C)\u00a0Parties agree that the Program is in the nature of coaching and education.<\/p>\n

(D)\u00a0The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company\u2019s website as part of the Program.<\/p>\n

(E)\u00a0Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.<\/p>\n

 <\/p>\n

FEES<\/p>\n

(A)\u00a0Client agrees to pay fees to the Company according to the payment schedule set forth on Company\u2019s website, or otherwise provided to Client, and the payment plan selected by Client (the \u201cFee\u201d).<\/p>\n

(B)\u00a0Company shall charge a 10% (ten percent) first week late fee with 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between the parties.<\/p>\n

(C)\u00a0If Client fails to make payment in a timely manner in accordance with these Terms & Conditions or voluntarily decides to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Programs, Products and\/or Services.<\/p>\n

 <\/p>\n

REFUNDS<\/p>\n

(A)\u00a0Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.<\/p>\n

(B)\u00a0If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund.<\/p>\n

(C) If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, then a refund of that portion only of the Program will be made to client.<\/p>\n

(G) If there is a written agreement between the Company and Client about a flexible start day in any of the Programs, Client can start any time as long as the Program runs. In case Programs are not offered any longer, Client will be offered an equivalent coaching service. No refunds will be offered.<\/p>\n

 <\/p>\n

CHARGEBACKS AND PAYMENT SECURITY<\/p>\n

(A)\u00a0To the extent that Client provides Company with credit card(s) information for payment on Client\u2019s account, Company shall be authorized to charge Client\u2019s credit card(s) for any unpaid charges on the dates agreed.<\/p>\n

(B)\u00a0If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company\u2019s account or cancel the credit card that is provided as security without Company\u2019s prior written consent.<\/p>\n

(C)\u00a0Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.<\/p>\n

 <\/p>\n

NO RESALE OF SERVICES PERMITTED<\/p>\n

(A)\u00a0Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.<\/p>\n

(B)\u00a0This agreement is not transferrable or assignable without the Company\u2019s prior written consent, where such consent may be withheld at the Company\u2019s absolute discretion.<\/p>\n

 <\/p>\n

NO TRANSFER OF INTELLECTUAL PROPERTY<\/p>\n

(A)\u00a0Company\u2019s copyrighted and original materials shall be provided to the Client for his\/her individual use only and with a single-user, non-transferable, revocable license.<\/p>\n

(B)\u00a0Client agrees that he\/she will not use any of the Company\u2019s intellectual property, including without limitation the Company\u2019s copyrighted and original materials, for Client\u2019s business purposes.<\/p>\n

(C)\u00a0Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.<\/p>\n

(D)\u00a0All intellectual property, including Company\u2019s copyrighted course materials, shall remain the sole property of the Company.<\/p>\n

(E)\u00a0No license to sell or distribute Company\u2019s materials is granted or implied by the enrolment or by the payment of any fees.<\/p>\n

 <\/p>\n

LIMITATION OF LIABILITY<\/p>\n

(A)\u00a0By enrolling in the Program and using Company\u2019s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.<\/p>\n

(B)\u00a0The Program is an educational\/coaching service only.<\/p>\n

(C)\u00a0Client agrees that he\/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services.<\/p>\n

(D)\u00a0Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company\u2019s services or enrolment in the Program.<\/p>\n

(E)\u00a0Client agrees that he\/she uses Company\u2019s services at Client\u2019s own risk.<\/p>\n

 <\/p>\n

DISCLAIMER OF GUARANTEE<\/p>\n

(A)\u00a0Client accepts and agrees that she\/he is entirely and solely responsible for her\/his progress and results from the Program.<\/p>\n

(B)\u00a0Client accepts and agrees that Company cannot control the Client\u2019s responses to the provision of the services under this Agreement.<\/p>\n

(C)\u00a0Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.<\/p>\n

(D)\u00a0Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.<\/p>\n

(E)\u00a0Company makes no guarantee or warranty that the Program will meet Client\u2019s requirements or that all clients will achieve the same or similar results.<\/p>\n

 <\/p>\n

COURSE RULES<\/p>\n

(A)\u00a0To the extent that Client interacts with Company staff and\/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.<\/p>\n

(B)\u00a0Client agrees to abide by any Course rules and\/or regulations presented by Company.<\/p>\n

(C)\u00a0The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.<\/p>\n

(D)\u00a0In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.<\/p>\n

 <\/p>\n

USE OF COURSE MATERIALS<\/p>\n

(A)\u00a0Client consents to audio and video recordings being made during the Program.<\/p>\n

(B)\u00a0Company reserves the right to use, at its sole discretion, course materials, video and audio recordings of courses, calls, live events, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods\/services provided by Company, without compensation to the Client.<\/p>\n

(C)\u00a0Client consents to his\/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods\/services provided by Company, without compensation to the Client or need for further agreement by Client.<\/p>\n

 <\/p>\n

NO SUBSTITUTE OF MEDICAL TREATMENT<\/p>\n

(A)\u00a0Client agrees to be mindful of his\/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.<\/p>\n

(B)\u00a0Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.<\/p>\n

(C)\u00a0Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.<\/p>\n

 <\/p>\n

TERMINATION<\/p>\n

(A)\u00a0In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.<\/p>\n

(B)\u00a0Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.<\/p>\n

(C)\u00a0In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company\u2019s services or to participate in any Program.<\/p>\n

 <\/p>\n

CONFIDENTIALITY<\/p>\n

(A)\u00a0The term \u201cConfidential Information\u201d shall mean information which is not generally known to the public relating to the Client\u2019s business or personal affairs.<\/p>\n

(B)\u00a0Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.<\/p>\n

(C)\u00a0Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client\u2019s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.<\/p>\n

 <\/p>\n

DISPUTES<\/p>\n

(A)\u00a0In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.<\/p>\n

(B)\u00a0In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.<\/p>\n

 <\/p>\n

INDEMNIFICATION<\/p>\n

(A)\u00a0Client shall defend, indemnify, and hold harmless Company, Company\u2019s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever \u2013 including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney\u2019s fees, and disbursements \u2013 which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and\/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.<\/p>\n

(B)\u00a0Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.<\/p>\n

(C)\u00a0Client recognizes and agrees that all of the Company\u2019s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.<\/p>\n

 <\/p>\n

CONTROLLING AGREEMENT<\/p>\n

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company\u2019s representatives, or employees, the provisions of this Agreement shall prevail.<\/p>\n

 <\/p>\n

CHOICE OF LAW<\/p>\n

(A)\u00a0This Agreement shall be governed by and construed in accordance with the Italian Law without giving effect to any principles or conflicts of law.<\/p>\n

(B)\u00a0The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.<\/p>\n

 <\/p>\n

ENTIRE AGREEMENT<\/p>\n

(A)\u00a0This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.<\/p>\n

(B)\u00a0This Agreement may be modified only by an instrument in writing duly executed by both parties.<\/p>\n

 <\/p>\n

SURVIVAL<\/p>\n

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.<\/p>\n

 <\/p>\n

SEVERABILITY<\/p>\n

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.<\/p>\n

 <\/p>\n

OTHER TERMS<\/p>\n

(A)\u00a0Upon execution by purchasing,\u00a0clicking „I agree” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and\/or assign shall be bound by the terms of THIS AGREEMENT.<\/p>\n

(B)\u00a0A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.<\/p>\n","protected":false},"excerpt":{"rendered":"

TERMS & CONDITIONS   ENROLLMENT AGREEMENT By clicking \u201cI Agree,\u201d emailing your statement of agreement, entering your credit card information, entering your PayPal email address or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (\u201cClient\u201d) agree to be provided with services by DM Coaching by Dominika … <\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-5256","page","type-page","status-publish","hentry","grid-sizer"],"acf":[],"_links":{"self":[{"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/pages\/5256","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/comments?post=5256"}],"version-history":[{"count":4,"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/pages\/5256\/revisions"}],"predecessor-version":[{"id":5260,"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/pages\/5256\/revisions\/5260"}],"wp:attachment":[{"href":"https:\/\/dmcoaching.eu\/pl\/wp-json\/wp\/v2\/media?parent=5256"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}