Terms of Service
TERMS AND CONDITIONS OF SERVICE (“the Agreement”)
The Agreement was last updated on August 3, 2020
- Thank you for engaging our services with Karolina Buchling (“the Owner”) at karolinabuchling.com/english-site (“Website”) owned and operated by Karolina Buchling
- By engaging our services and/or clicking to accept this Agreement or using or accessing any of the Owner or related services, you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Owner’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Owner and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Owner.
- No failure or delay by the Owner in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Owner of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings :-
- ‘Authorised Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Client.
- ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
- ‘Materials’ refers to any materials, goods, parts and/or items the Owner needs to buy for the performance of the Services.
- ‘Parties’ collectively refers to ‘the Owner’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Owner for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
- ‘Services’ refers to all the services displayed on the Website (as the case may be) (subject to change).
- ‘Service Provider’ refers to the Owner and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorised to act on behalf of the Owner for the carrying out of the Services.
- ‘We, Us or Our’ refers to the Owner and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Owner for the carrying out of the Services.
- ‘You or your’ refers to the Client.
- General terms of Services
- The Owner shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Owner to the Client or such other terms and conditions as may be agreed in writing between the Owner and the Client.
- All purchased sessions to be scheduled within 3 months of purchase and utilised within 6 months from purchase, any sessions not utilised within 6 months of purchase will be deemed delivered and the transaction will be concluded.
- The Owner shall provide to the Client all Services as specified on the Owner’s website.
- If in any event, the Owner and/or the Contractor is unable to provide the Services, it will inform the Client as soon as reasonably possible.
- Responsibilities, Obligations and Due Diligence
- At the absolute discretion of the Owner, it will provide the Client with the Services in its best endeavour to the Client.
- In the event that the Owner is unable to provide the Services within a reasonable period from the dates(s) and time(s) and the Owner have agreed or notified the Client then the Client will have the rights subject to the terms and conditions contained herein to exercise the Client’s option to wait until the Owner is available to start performing the Services.
- In the event that the Owner has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by the Owner up to the date of termination of the Agreement.
- Without limitation to any of the rights contained herein and contractual remedies, the Owner reserves the right to claim for any loses and damages incurred as a result of the termination.
- The Client shall not request the Owner to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Owner.
- The Client shall endeavour to provide the Owner with as much detailed information as possible regarding the Services under request in order for the Owner to provide excellent services.
- The Client shall not request the Owner to perform Services to, from and for people or places where the Owner’s staffs, employees, agents and any other duly authorised entities of the Owner may experience any form of abuse, bodily harm or death.
- The Owner offers the following services on the Website :-
- Private Coaching Sessions, Group Coaching Sessions
(collectively referred to as the “Charge”)
- The Owner requires payment for Services to be made prior to the performance of Service.
- The Owner shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
- The Owner shall be entitled to invoice the Client for any incidental costs incurred during the facilitation of the Client’s request, including costs from unexpected delays, toll charges etc.
- All payments made to the Owner via Credit Card transactions are liable to a 2% handling charge. This handling charge of 2% is added to the total sum owing to the Owner by the Client.
- Termination and Refunds
- After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Owner when performance by the Owner has not begun.
- Any refunds made by the Owner will be with reduction of the direct costs including any handling costs.
- Without prejudice to any other rights and remedies available, the Owner shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Owner reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
- On termination for any reason whatsoever, the Client shall immediately make payment to the Owner of all and any sums outstanding and owing to the Owner.
- In the event that a deposit is paid by the Client, at the sole discretion of the Owner, the deposit will be retained by the Owner and for the necessary deduction of the Owner losses and costs without prejudice to its rights to further claim damages against you.
- The Client acknowledges that a breach by him or her obligations hereunder will cause irreparable harm to the Owner, by vitiating the intent and purpose of the transaction contemplated hereby.
- Accordingly, the Client acknowledges that the remedy at law for a breach of its obligations herein will be inadequate and agrees, in the event of a breach of threatened breach by the Client of the provisions herein, the Owner shall be entitled, in addition to all available remedies at law or in equity the claim for loss and damages and such claim shall be based on the contractual price of the services notwithstanding a discount applied.
- In the event that the Client breaches this Agreement, it will have forfeited its benefit of the discount provided by the Owner (as the case may be) and the Owner shall claim in full the original contractual price for the respective services provided or to be provide to the Client.
LIABILITY, EXCLUSION AND LIMITATIONS
- The Owner warrants to the Client that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s order.
- The Owner will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
- The Owner shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Owner has knowingly acted in a negligent manner.
- The Owner shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.
- The Owner shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Owner’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Owner’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Owner to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
- Unless the Owner receives notice from the Client to the contrary, the Owner shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that the Owner considers may be of interest to the Client.
- The Owner may update or modify this Agreement from time to time. If the Owner modifies the Agreement during the Services, the modified version will take effect upon the next Service.
- Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
- Nothing in the Agreement prevents the Owner from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Owner will use commercially reasonable efforts to notify Client where permitted to do so.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Owner or any other subject matter covered by this Agreement.
- The Owner welcomes your questions or comments regarding the foregoing Terms.
Email : [email protected]
Effective as of August 3, 2020