1. Validity of GTC
1.1. General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as the “GTC“) of the Company apply to contracts concluded between the Company and the Client at a distance, in particular via e-mail communication or the website www.v360coaching.com, as well as any related contractual relations between the Company and the Client.
1.2. GTC Application
These GTC form an integral part of the contracts concluded between the Company and the Client and are applicable in full extent, unless agreed otherwise in writing by the Contracting Parties. In the event of a conflict or discrepancy between the regulation of mutual rights and obligations contained in these GTC and deviating written arrangements of the Contracting Parties, deviating written arrangements of the Contracting Parties shall prevail over the wording of the GTC, and only to the extent of this derogating written arrangement.
1.3. Exclusion of the Client’s GTC
Any general Terms and Conditions of the Client shall not apply to the mutual relations of the Contracting Parties, even if the Company provides the Services to the Client without reservation (!).
1.4. Hyperlinks
The Company's Website may be hyperlinked to other third-party media services which are not maintained by or related to Company. The inclusion of any hyperlink to a third-party media service does not imply endorsement, sponsorship, or recommendation by Company of that third-party media service. Hyperlinks to such third-party media services are not sponsored by or affiliated with the Company's Website or the Company. The Company has not reviewed any such third-party media services and is not responsible for their content. Access to hyperlinks is at your own risk, and the Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or third-party media services hyperlinked to the Company Website. If you access a hyperlink to a third-party media service, you are leaving the Company's Website and you are subject to the terms and conditions of the linked third-party media service.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party media service. The Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such third-party media services.
The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages outside of the Company's Website.
2. Definitions
The terms below have the meanings defined as follows:
"Copyright Act" means Act No. 185/2015 Coll. Copyright Act, as amended.
“Price” is a remuneration for the Services, which amount, or the method of determining is agreed in the Contract.
“Confidential Information” means non-public information that is made available to the Client or Company and that is identified as confidential at the time of disclosure or should reasonably be considered confidential or protected in view of the nature of the information and/or the circumstances related to its disclosure; The Company’s Confidential Information is considered to be, in particular, information contained in materials provided by the Company to the Client when providing Services, information relating to V360coaching® methods, programs, procedures, techniques, trade secrets or other knowledge or processes used or created by the Company, its affiliates, employees, external workers or suppliers before and during the term of the Contract.
“Client” means a natural person or legal entity that enters into the Contract with the Company and/or is interested in concluding the Contract. The Client may act as a consumer or as an entrepreneur in concluding and fulfilling the Contract.
“Civil Code” means Act no. 40/1964 Coll. Civil Code as amended.
„Order” means any request of the Client for the provision of Services, through which the Client orders Services from the Company.
“Designations” means trademarks (national, European and international), logos, trade names, designs or slogans of the Company or its affiliates, regardless of whether or not they are specifically registered.
“Intellectual Property Rights” means all rights, titles and claims to all forms of intellectual property, including all copyrights, design rights, trademarks, trade names, domain name rights, patents, trade secret rights, rights relating to know-how and all other rights related to authorship and/or creation of artistic, industrial or other intellectual property.
"Access Data" means the unique login name (e-mail address of the User) and associated password entered by the User into the Website's database during Registration.
"Registration" means electronic registration of the User to the Website database by filling mandatory registration data in the Website user interface and Access Data and their subsequent storage in the Website database. The User is obliged to fill data truthfully, completely and up to date, as otherwise the User commits a violation of these GTC, which may result in cancellation of the User's User Account.
"Services" means the V360coaching® coaching services and V360coaching® online courses, programs and products provided by the Company, as specified on the Company's Website.
“Company” means V360coaching, s. r. o., with its registered office at Mlynské nivy 52 / B, 821 05 Bratislava – Ružinov, ID No.: 53 646 720, registered in the Commercial Register of the City Court Bratislava III, Section: Sro, File No.: 151421/B, e-mail: info@v360coaching.com, phone contact 00421 911 076 348 (due to the Company's workload, the Company prefers written communication with Clients).
Company bank account: SK10 8330 0000 0022 0197 3924
"User" means any natural person or legal entity who uses the Company's Website and who must not disclose his Access Data and User Account to third party and who is also obliged to take all reasonable precautions to keep it confidential, and who is fully responsible for any unauthorised use of such Access Data or User Account and for any damage so caused to the Company or to third parties, and who is liable in the event of loss, theft or other interference with the right to use such Access Data or User Account, shall notify the Company without undue delay, which shall provide new access data or user account within a reasonable period of time.
"User Account" means the portion of the Website that is created for a User by Registration (i.e., is unique to each User) and made available to the User after the User enters the Access Data.
“Website” means the website operated by the Company with the URL: www.v360coaching.com and all its subpages.
“Act on Alternative Resolution of Consumer Disputes” means Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendments to certain Laws.
“Consumer Protection Act” means Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended.
“Act on Consumer Protection in Distance Selling” means Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws.
“Contract” means a contract concluded between the Contracting Parties, which was concluded in accordance with Art. 3 of these GTC and summarizes all contractual arrangements agreed between the Contracting Parties.
“Contracting Party” means the Company and the Client, jointly or individually as appropriate.
3. Order and Conclusion of the Contract
3.1 Offer
The Company publishes on the Website information about the offered Services and their Price.
3.2 Order
If the Client is interested in ordering the Services, he will deliver the Order to the Company. In the Order, the Client specifies the Services to be ordered and provides his billing data and e-mail address.
3.3 Conclusion of Contract
The Company will send the Client to the e-mail address specified in the Order, information on the confirmation of the Order. The conclusion of the Contract, and thus the creation of specific rights and obligations in relation to the relevant Services, occurs at the time of confirmation of the Order by the Company.
3.4 Consumer
The Client is in the position of a consumer if he/she is a natural person who, in accordance with the provisions of Section 52 (4) of the Civil Code and Section 2 (a) of the Act on Consumer Protection in concluding and fulfilling the Contract does not act within the scope of its business activity, employment or profession. The Contract concluded with the Client – consumer is a consumer contract in the sense of Section 52 (1) of the Civil Code and the legal provisions of regulations in the field of consumer law apply to it.
3.5 Entrepreneur
The Client is in the position of an entrepreneur if he/she is a natural person or legal entity who acts within the scope of his/her business activity, employment or profession when concluding and fulfilling the contract. For the removal of any doubts, if the Client provides the Company with a Company Identification Number, TAX number or VAT number, he/she will be considered as the Client who acts as an entrepreneur in concluding and fulfilling the Contract in accordance with this paragraph of the GTC.
4. Price and Payment Terms
4.1 Price
The Prices of individual Services are listed on the Website for individual Services, and these are considered as current and valid. Prices are final, including applicable taxes.
4.2 Invoice
The document on the provision of Services is an invoice or other tax or accounting document, which will be sent to the Client in electronic form to the e-mail address provided by him/her.
4.3 Method of Payment
The Client is acquainted with the fact that the Order includes the obligation to pay the Price.
The Client pays the Price for V360coaching® coaching services and V360coaching® online courses, programs and products by bank transfer to the Company's bank account or may use the option of paying the Price via PayPal, as the Company uses PayPal.Me services. The Client is obliged to pay the Price within 7 calendar days from the date of concluding the Contract, unless otherwise agreed between the Contracting Parties. The moment of payment of the Price shall be deemed to be the moment of crediting the funds in the amount of the Price to the Company's bank account or the Company's PayPal account, as the case may be, according to the selected payment option.
4.4 Right of Withdrawal and Sanctions for Delays
If the Client does not pay the Price properly and on time, the Company has the right to withdraw from the Contract, as well as to impose on the Client a contractual penalty of 0.01% per day of the amount due, for each and every day of delay until its full payment; the Company’s other claims remain unaffected.
5. Terms of Services
5.1 Term of Provision of V360coaching® coaching services
If the term of providing the V360coaching® coaching services is not explicitly agreed in the Contract nor subsequently agreed between the Contracting Parties, the Company undertakes to provide the V360coaching® coaching services within reasonable deadlines determined according to the content and scope of the V360coaching® coaching services as well as subjective circumstances on the part of the Company and the Client (e.g. time availability).
5.2 Term of Provision of V360coaching® online courses, programs and products
V360coaching® online courses, programs and products will be provided / made available to the Client upon payment of the Price in accordance with the GTC as soon as possible (within 2 days of payment of the Price at the latest) and by logging into the User Account on the Company's Website.
5.3 Failure to Provide Services
The Client is entitled, in case of non-provision of Services according to clause 5.1 and 5.2 of these GTC, even not within an additional reasonable period provided to the Company by the Client, to withdraw from the Contract. After the Client's withdrawal from the Contract, the Company is obliged to return to the Client the already paid Price for Services that were not provided, within 14 calendar days from the delivery of the Client's withdrawal from the Company's Contract by the same manner as was used by the Client when paying the Price to the Company, optionally in another suitable form. If, due to the impossibility of providing the Services (especially due to force majeure), the Company is unable to provide the Services to the Client within the period specified in these GTC, the Company will offer the Client a substitute performance or the possibility to withdraw from the Contract. If the Client does not accept the substitute performance offered by the Company or does not withdraw from the Contract within 30 calendar days from the date of notification of the Company's inability to provide the Services, the Contract is cancelled from the beginning and if the Client has already paid the Price or part thereof, the Price paid or part thereof for the non-provided Services shall be returned within the period and in the manner specified above in this clause of the Contract.
5.4 Method of Providing Services
The Company undertakes to provide the V360coaching® coaching services in the manner and under the terms specified in the Contract. The V360coaching® coaching services will be provided either remotely, using tools for long-distance communication (e.g. e-mail, telephone or via the Zoom application) or in person as part of a personal meeting with the Client.
The Company also agrees to provide V360coaching® online courses, programs and products in the manner and subject to the terms and conditions set forth in the Contract. V360coaching® online courses, programs and products will be provided by making them available on the Website after logging into the User Account. Client will receive long-term access to the purchased V360coaching® online course, program and product on three (3) devices. Long-term access means access for a minimum of one (1) year from the purchase of the V360coaching® online course, program and product. After one (1) year, Client will retain access to the purchased V360coaching® online course, program and product for the life of the Company Website and/or the life of the V360coaching® online course, program and product. From the moment V360coaching® online courses, programs and products are made available on the Company's Website (in the User Area after logging into the Client's User Account), the Client shall not have the right to return the purchased V360coaching® online course, program and product, nor shall the Client have the right to request a refund of the Price paid. The above may not apply in the case of an accepted claim. Making a V360coaching® online course, program and product available on the Company's Website by logging into a User Account shall be deemed to constitute the provision of this service. If one (1) V360coaching® online course, program and product contains multiple lessons (i.e., multiple videos), these are generally made available all at once on the Website (in the User Area after logging into the Client's User Account). In the event that one (1) V360coaching® online course, program and product contains multiple lessons (i.e. multiple videos) and these would not be made available all at once, the last video made available on the Website (in the User Area after logging into the Client's User Account) shall be deemed to be the full provision of this service.
5.5 V360coaching® coaching services
The Company provides the Client with V360coaching® coaching services (hereinafter referred to as this section of the GTC “Coaching”), while the Client takes note of the following facts, confirms them and agrees with them:
5.5.1 Coaching is specified according to the International Coaching Federation (ICF) as a partnership (defined as an alliance, not a legal business partnership) between the coach (hereinafter the Company, its manager, employee or worker only for this section of the GTC as “Coach“) and the Client in a creative, thought-provoking process that inspires the Client to achieve his/her maximum personal and professional potential. It has the aim to mediate the creation and development of personal, professional and business goals, creating and applying a strategy/plan to achieve these goals.
5.5.2 The Client is responsible for the creation and implementation of his own physical, mental and emotional well-being and joy, his/her decisions, choices, actions and results arising in a causal connection and as a result of fulfilling the Contract and interactions with the Coach. For this reason, the Client acknowledges that the Coach is not and will not be responsible for the Client’s actions or omissions, or for other direct or indirect consequences of the V360coaching® coaching services provided by the Coach. The Client acknowledges that Coaching is not a therapy and does not replace therapy if it is needed to prevent or treat a mental disorder or disease. The Client acknowledges that Coaching is not a substitute for professional advice provided by experts in the field of law, medicine, finance, business or other relevant areas. Although the Coach may be a medical doctor at the same time, the Coaching does not represent the provision of health care and is not covered by health insurance. Coaching is not a substitute for visits to the relevant medical specialists. The Coach may express his opinion on the Client’s health condition but does not perform a physical examination or any laboratory tests and is not responsible for the Client’s treatment and following controls. The Client is advised to continue his treatment and visits to his doctor.
5.5.3 The Client acknowledges that Coaching is a comprehensive process that may involve various areas of his life, including employment, finances, health, relationships, education and relaxation. The Client acknowledges that the decision on how to handle information and how to incorporate Coaching principles into these areas of his/her life is the sole responsibility of the Client. The Client acknowledges that Coaching does not include the diagnosis and treatment of mental disorders as defined by the American Psychiatric Association (Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5)) and that Coaching should not be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, addiction treatment or other professional counselling in the field of law, medicine or other relevant areas. It is the Client’s sole responsibility to seek such professional assistance if necessary. If the Client is currently in the care of a mental health professional, it is recommended that the Client informs this expert as soon as possible about the nature and extent of the contractual relationship with the Company, on which the Client and the Coach have mutually agreed.
5.5.4 The Client acknowledges that in order to increase the effectiveness of the coaching relationship, honest communication, openness to feedback, cooperation and the creation of time and energy for full participation in the program are required. The Coach supports the Client in achieving his/her goals, but the Client’s success depends primarily on his/her effort, motivation, commitment and ability to get things done. The Coach cannot guarantee and does not guarantee that the Client will achieve a certain specific goal. The Client acknowledges that the results are individual and depend on the Client’s background, efforts, will, motivation and other additional factors. In no case does the Coach guarantee, either explicitly or implicitly, that the Client will achieve his/her goals.
5.5.5 Coaching also includes V360body® and V360yoga™, which include physical activity and physical exercise. The Coach adapts the physical activity to the needs of the Client and his level of fitness training. The Client who wishes to participate in V360body®/ V360yoga™, acknowledges that each exercise also involves the risk of personal injury, including the rare risk of serious injury or death. The Client declares that he/she does not suffer from any illness or disability that will increase or could increase the common risks associated with physical exercise. The Client declares that he/she has not been prohibited from participating in a sports or physical activity by a healthcare professional, nor has he/she been prohibited from performing a specific physical activity. Should the Client’s health change in any way (new illness, injury, etc.), he/she must inform the Coach as soon as possible. The Client must inform the Coach if he/she feels pain or discomfort during the exercise or if he/she perceives some exercises as dangerous or unpleasant. The Coach cannot guarantee that the Client will not suffer any injury in connection with V360body®/ V360yoga™, either directly or indirectly, and that his/her level of fitness will be improved as a result of participation in V360body®/ V360yoga™.
5.5.6 If the Client finds himself/herself in unethical situations during the term of the Contract, they will be discussed in an appropriate and responsible manner. If they cannot be resolved, the provision of the Coaching may be terminated by withdrawal from the Contract (e.g., illegal activity of the Client, conflict of interests or other matters of a professional ethical nature).
5.6 V360coaching® online courses, programs and products
The Company also provides the Client with pre-recorded V360coaching® online courses, programs and products, some of which involve physical activity and physical exercise (V360body® a V360yoga™). The pre-recorded online courses, programs and products offer health, wellness and fitness information, are designed for educational purposes only and should not be a substitute for professional medical advice, diagnosis and/or treatment. If you have any health-related concerns, always consult with a medical doctor or other relevant health-care professional. Do not disregard, avoid or delay consultation with a medical doctor or other health-care professional as a result of the general information contained in the pre-recorded online courses, programs and products.
Through the pre-recorded online courses, programs and products, the Company supports the Client in achieving his/her health-related goals, but the Client's success depends primarily on his/her effort, motivation and commitment as well as other factors, some of which might be out the Client´s control, such as inborn conditions, previous accidents, pre-existing health conditions and diseases, etc.
The Company cannot guarantee and does not guarantee that the Client will achieve a certain specific goal. The Client acknowledges that the results are individual and depend on the Client's efforts, will and motivation.
As for the V360coaching® online courses, programs and products involving physical activity, The Client acknowledges that each exercise also involves the risk of personal injury, including the rare risk of serious injury or death and therefore Client will think carefully and consider carefully with respect to his/her health condition whether to purchase V360coaching® online courses, programs and products.
5.7 Enhancement of V360coaching® online courses, programs and products
The Client acknowledges and agrees that the Company reserves the right to unilaterally, at any time during the term of the contractual relationship, without prior agreement with the Client, improve V360coaching® online courses, programs and products or replace them with a newer version, if available.
5.8 Prohibition of any Distribution of V360coaching® online courses, programs and products
The Client acknowledges that by purchasing the V360coaching® online courses, programs and products (hereinafter only for this section of the GTC as "Online courses, programs and products"), The Client does not become the owner of the license to the purchased Online courses, programs and products and that the sole and exclusive owner of the license to the Online courses, programs and products is the Company, with which the Client expressly and unconditionally agrees. The Client is not authorized to make copies of the Online courses, programs and products, to make the Online courses, programs and products available to other persons and to the public, or to otherwise distribute the Online courses, programs and products to third persons or the public (i.e. the purchased Online courses, programs and products are for the Client's personal use only - watching the video).
6. Liability for Defects and Complaints
6.1 Complaints Policy
This complaint policy regulates the method, conditions and procedure for resolving complaints.
6.2 Application of liability for Defects
The Client has the right to exercise the Company’s liability for a defect in the Services, if the Services have not been provided properly and in a timely manner in accordance with the Contract. The Client is obliged to exercise the rights from liability without delay, no later than within five (5) calendar days of their occurrence. The rights from the liability for a defect of the Services, and thus complaints, shall be exercised towards the Company by the notice on the Company´s contact details in accordance with these GTC.
6.3 Complaints Procedure
The complaint procedure begins on the day of delivery of the Client’s notification of the complaint to the Company, in which the Client truthfully provides information on defects, in particular accurately describing the reasons for which the Services were not provided properly and on time. In the event of a defect in the Service, the Client has the right to:
6.3.1 a reasonable discount from the Price for the period during which the defect of the Service lasts or
6.3.2 re – provide the same Service or
6.3.3 provide another equivalent Service, if the Company confirms this option in advance as feasible or
6.3.4 withdraw from the Contract or
6.3.5 agree with the Company on another way of handling the complaint.
6.4 Determining Method of Handling a Complaint
The Company is obliged to determine the method of handling the complaint immediately or in complex cases no later than three (3) working days from the date of the complaint, in justified cases no later than thirty (30) days from the date of the complaint. The Client is entitled to choose the method of handling the complaint according to the conditions specified in clause 6.3.1 to 6.3.5 of the GTC only if he/she is a consumer, and if he/she does not do so when making a complaint, the Company is entitled to determine the choice of the method of handling the complaint at its discretion. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than thirty (30) days from the date of the complaint. Complaint handling means the termination of the complaint procedure by payment of a reasonable discount from the Price, agreement on the re-provision of the Service or the provision of another equivalent Service, withdrawal from the Contract, conclusion of an agreement on another way of handling of the complaint or reasoned rejection of the complaint. The Company will issue a written document on the handling of the complaint no later than thirty (30) calendar days from the date of the complaint, by sending it to the Client’s e-mail address.
6.5 Confirmation of Application and Handling of Complaint
If the complaint is submitted by e-mail, the Company will deliver a confirmation of the complaint to the Client immediately, if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than with document on handling the complaint; the confirmation of the complaint need not be delivered if the Client has the opportunity to prove the complaint in another way. The Company will inform the Client about the result of handling the complaint immediately after the end of the complaint procedure by telephone or e-mail, and at the same time a document on the handling of the complaint will be delivered to him/her via e-mail.
7. Consumer’s Right to Withdraw from Contract
7.1 Withdrawal Period
The Client, who is a consumer, is entitled to withdraw from the Contract under the Consumer Protection Act for distance selling (so-called consumer withdrawal from the Contract), without giving a reason within fourteen (14) calendar days from the date of conclusion of the Contract. This right can be used only by the Client – the consumer (!). The Company hereby instructs the Client that the provision of Services usually begins to run immediately after the conclusion of the Contract, i.e., before the expiration of the above-mentioned fourteen (14) day period for withdrawal from the Contract, with which the Client expressly and unconditionally agrees.
7.2 Withdrawal
The Client may exercise the right to withdraw from the Contract without giving a reason in paper form to the Company’s address or in writing on another permanent medium (e.g. by e-mail), or by sending a completed form, which is available HERE. The period for withdrawal from the Contract without giving a reason is preserved if the Client sends a notice on withdrawal from the Contract before the expiry of the period for withdrawal from the Contract. Withdrawal from the Contract without giving a reason must contain the information required in the form of withdrawal from the Contract, in particular the identification of the Client.
7.3 Refund of Price or Part thereof
Within fourteen (14) calendar days from the date of delivery of the notice on withdrawal of the Contract, the Company shall return to the Client all payments received by the Company after deducting the Price of Services already provided during the existence of the Contract (the Client is obliged to pay the Price for Services already provided), i.e., until the date of delivery of the notice on withdrawal from the Contract. The Company will return the payment in the same way as the Client used for his/her payment, or in another suitable way.
7.4 Inability to Withdraw from the Contract
The Client acknowledges that he/she cannot withdraw from the Contract in cases pursuant to Section 7 (6) of the Act on Consumer Protection in Distance Selling.
8. Alternative Dispute Resolution
8.1 Right to ADR
The Client – Consumer has the right to contact the Company through its contact details specified in these GTC with a request for remedy, if he/she is not satisfied with the way in which the Company handled his complaint or if he/she believes that the Company has violated his/her consumer rights. If the Company responds to this request in the negative way or does not respond to it within thirty (30) calendar days of its sending, the Client has the right to file a proposal to initiate an alternative dispute resolution.
8.2 Subject ADR
The relevant entity for the alternative resolution of consumer disputes with the Company is the Slovak Trade Inspection or another relevant authorized legal entity entered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic, the wording of which is HERE.
8.3 Proposal to start ADR
The Client may submit the proposal in the manner specified pursuant to Section 12 of the Act on Alternative Resolution of Consumer Disputes. The Client can also file a complaint through the alternative dispute resolution platform, which is available online at this address HERE
8.4 Conditions
Alternative dispute resolution applies only to a dispute between the Client – consumer and the Company, arising from a consumer contract or related to a consumer contract, which is concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20. The ADR entity may demand from the Client – consumer the payment of a fee for the commencement of alternative dispute resolution up to a maximum of EUR 5 with VAT.
8.5 Jurisdiction of Courts
Except for alternative dispute resolution, the Client – consumer has the right to initiate a proceeding at the general court with subject-matter and territorial jurisdiction.
9. Termination of Contract
9.1 Termination of Contract
Contracting Parties agree that the Contract shall terminate:
9.1.1 upon expiry of the term of the Contract, if it was concluded for a define period;
9.1.2 by notice on termination of either Contracting Party in the case of a Contract concluded for an indefinite period;
9.1.3 by withdrawal of the Client from the Contract without giving a reason according to the Act on Consumer Protection in Distance Selling (so-called consumer withdrawal from the Contract);
9.1.4 by withdrawal from the Contract by any Contracting Party for the reasons stated in the Contract or the relevant generally binding legal regulations;
9.1.5 by an agreement of the Contracting Parties;
9.1.6 in another manner specified in these GTC and in generally binding legal regulations.
9.2 Termination of Contract
By the unilateral written notice on termination the Contract for an indefinite period may be terminated by both Contracting Parties, even without stating a reason, and the Contract shall terminate upon termination of the notice period of one (1) month after delivery of the notice to the other Contracting Party.
9.3 Withdrawal of Company from Contract
The Company is entitled to withdraw from the Contract in particular in the case:
9.3.1 if the Client is in delay with the payment of the Price or other due receivable by more than fourteen (14) calendar days;
9.3.2 if the Client breaches any of his/her obligations under these GTC and no correction is made even within the additional period provided to the Client by the Company;
9.3.3 in the event that it is proven that the statement or information provided by the Client that affects the performance of the Contract is false or incomplete;
9.3.4 in another case specified in these GTC.
9.4 Withdrawal of Client from Contract
The Client is entitled to withdraw from the Contract in the case:
9.4.1 if the Company does not provide the Services pursuant to clause 5.2 of this Contract;
9.4.2 if the Company breaches any of its obligations under these GTC and no correction is made even within the additional period provided to the Company by the Client;
9.4.3 in another case specified in these GTC.
9.5 Effects of Withdrawal
In the event of withdrawal from the Contract by either Contracting Party upon delivery of such withdrawal to the other Contracting Party, the Contract shall be terminated in its entirety.
9.6 Persistent Provisions After the Termination of Contract
All provisions, the nature of which allows it, will be maintained even after the termination of the Contract (e.g., on the protection of the Company’s intellectual property, confidentiality, etc.).
10. Intellectual Property
10.1 Preservation of Rights
All Intellectual Property Rights relating to the Company’s Services and/or other materials, including the methodology, designs, offers, processes, procedures, plans, templates, scripts, orders, as well as all audio-visual content; and any other materials, including materials relating to consulting and advisory services, as well as the know-how of the Company, are at all times the exclusive property and assets of the Company or its affiliates or its suppliers. These Intellectual Property Rights may not be granted, transferred, or passed to the Client under any circumstances, while any Intellectual Property Rights are granted to the Client only to the extent of the use rights so that the Client is entitled to receive the Services in accordance with these GTC. If the Company makes based on the Client´s proposal any changes to new features, functionality or performance of the Services and the Company incorporates such changes, the Company is entitled to further use such changed Services or changes in its business activities, offer to other clients and in any another way, without any restrictions or additional claims of the Client. If necessary, the Client is obliged to ensure that third parties grant the Company all consents, permits, rights and licenses to fulfil the above. The Client is directly responsible for any infringement of the Company’s Intellectual Property Rights by any person to whom the Client has granted access to the Services or their results.
10.2 Company Designations
The Company and/or affiliates hold property rights to the Company’s Designations. Therefore, the Client will not, for this reason, directly or indirectly challenge and/or question the property and other rights of the Company or affiliates to the Company’s Designations. Neither the Client nor any of its affiliates will use, register, or attempt to register any trade name, trademark, designation, design or domain name that includes, in whole or in part, the Company Designation or may create a risk of confusion with any Company Designation, in particular the phrase “V360coaching”.
10.3 Notice
The Client shall immediately notify the Company of any suspected or actual or imminent violation of the Company’s Designation Rights or other Company Intellectual Property Rights.
10.4 Recordings
The Client acknowledges that he/she is not entitled to make any visual, audio and/or visual-sound recordings of the course of the provision of the Services, regardless of whether or not they capture the likeness and/or other manifestations of the personal nature of the Coach or third parties.
11. Liability of Company
11.1 Except as expressly set out in the Order and these GTC, the Company makes no other warranties, rights and/or claims in relation to the Services or any other terms of the Contract and hereby excludes any other warranties, rights and/or claims of the Client or any third party, whether express, implied or statutory. However, where warranties, rights and/or claims are mandatory by law, they shall be enforced in accordance with such law, the procedures and limitations expressly set out by such law.
11.2 The limitations and exclusions of the Company's liability under the Contract shall be independent of any agreements and shall apply to the fullest extent permitted by applicable law. Limitations and exclusions of liability of the Company that are inconsistent with law will be treated as warranties and responsibilities given by the Company to the minimum extent permitted by law.
11.3 Limitation of Damages
The maximum liability of the Company for damage under the Contract, regardless of the legal basis of liability for damage, whether contractual or legal, together shall not exceed the total amount of the Price paid by the Client to the Company until the date of the damage. This clause of the GTC applies only to Contracts concluded with a Client who is not a consumer.
12. Confidentiality
12.1 Confidentiality
The Contracting Parties shall maintain the confidentiality of the Confidential Information of the other Contracting Party and shall not disclose or use such Confidential Information.
The Client's personal information within the meaning of the GDPR, also information about the payment method, credit card number, etc., which the Client has provided/provides to the Company for the purpose of ordering the Services, shall also be deemed to be Confidential Information. Confidentiality of Confidential Information pursuant to the preceding sentence shall be maintained not only by the Company, an employee of the Company, but also by any third party who has access to such Confidential Information of the Client.
12.2 Disclosure
Clause 12.1 of these GTC does not affect the publication or other use of information in the event that
(a) the disclosure or other use of the information is required by law, public authority or judicial authority or is necessary for the performance of the Contract;
(b) the information is provided to professional advisers on a “need-to-know” basis, and subject to the commitment of such professional advisers to comply with the provisions of this article of the GTC;
(c) such information becomes publicly known or available otherwise than as a result of a breach of the obligations set out in these GTC;
(d) arise from the receiving Contracting Party’s own activities,
(e) the providing Contracting Party has given its prior written consent to the disclosure or other use of the information;
(f) such information is provided to natural person or legal entities subject to a legal duty of confidentiality.
In any dispute concerning the application of these exceptions, the burden of proof shall lie with the receiving Contracting Party, and such proof shall be clear and convincing. Any technical, financial, and business information of the Company in any form will be considered Confidential Information of the Company.
12.3 Duration
Each Contracting Party is obliged to maintain confidentiality under this Article hereof for the duration of the Contract and for 3 years following the termination of the Contract, but provided that it follows from the nature of individual Confidential Information (especially, but not exclusively, trade secrets, personal data protection in within the meaning of the GDPR), the receiving Contracting Party is obliged to maintain the confidentiality of the Confidential Information for a longer period of time.
13. Final provisions
13.1 Force Majeure
In the event of a delay in the fulfilment of the Company’s obligations and liabilities as a result of force majeure, the Contracting Parties agree that the relevant time limits under the Contract shall be extended for the duration of the force majeure. Force majeure means a circumstance which has occurred independently of the will of the Contracting Parties, is unpredictable, invincible and unavoidable, in particular a flood, fire, earthquake or other natural event or catastrophe, emergency, riot, insurrection, strike, invasion, war or a state of emergency, terrorism, epidemic/pandemic or outbreak of a contagious disease (e.g. COVID-19, coronavirus SARS-CoV-2), change in legislation, including the adoption of new legislation, or generally binding measures issued by public authorities, including quarantine measures, embargoes, export or import restrictions or other prohibitions and orders, power outages, restrictions or cessations of supplies to suppliers of the Company, etc.
13.2 Delivery
Unless the relevant provisions of generally binding legal regulations or these GTC expressly provide otherwise, the Contracting Parties shall deliver the documents in person, by e-mail, post or other appropriate means (e.g., by courier), which shall be deemed delivered at the moment when got into the sphere of disposition of the other Contracting Party. In the case of legal acts of the Contracting Parties that have or could have an impact on the termination of this Contract, or for which it is explicitly stated in these GTC, these are delivered only as paper consignments, in person or by registered mail or courier. For the avoidance of doubt, a document shall fall within the scope of the disposition of the other Contracting Party even if:
13.2.1 it has not been accepted by the other Contracting Party as it was not reached at the address of delivery, in which case the document shall be deemed to have been delivered on the second day after the document was delivered to the usual place of delivery;
13.2.2 the document could not be delivered by post to the addressee’s address, in which case the document is deemed to have been delivered on the day when the document was returned to the sender as undeliverable (e.g., with the note “addressee unknown”);
13.2.3 delivery is not successful for any other obstacle not caused by the delivering Contracting Party, in which case the document shall be deemed to have been delivered on the day on which the delivering Contracting Party discovered the obstacle after attempting delivery;
13.2.4 the Contracting Party to whom the document is delivered refuses to accept the document, the consequences otherwise related to delivery occurring on the day of refusal to accept the document,
13.2.5 it is an electronic delivery, whereby the document is considered delivered on the second day after its sending to the e-mail address of the Contracting Party.
In the event of a change of address or any other contact details, the respective Contracting Party is obliged to notify the other Contracting Party of this change in writing and without undue delay.
13.3 Applicable law
The mutual relations of the Contracting Parties are governed by the law of the Slovak Republic, while the Contracting Parties hereby exclude the application of any conflict-of-law rules that would determine as the applicable law other law than the law of the Slovak Republic.
13.4 Jurisdiction of Courts
All disputes that arise between the Contracting Parties shall be finally settled by the competent court of the Slovak Republic.
13.5 Severability
In the event that any provision of these GTC becomes invalid and/or ineffective, this invalidity and/or ineffectiveness will have no effect on the validity and/or effectiveness of the other provisions, unless otherwise provided by applicable law. The Contracting Parties agree to replace invalid and/or ineffective provisions with new provisions which, in their meaning and nature, correspond most closely to the original provision.
13.6 Author´s Content
Information, text, video, audio, video-audio recordings, and other content related to the Website belong to the Company or its affiliates and suppliers, and they are entitled to exercise Intellectual Property Rights, property rights or consent to their use. The Client is entitled to use the content in question only for their own, non-commercial purposes (internal operations). Any other use, in particular its further distribution, copying, publication and provision to a third party, or extraction is prohibited without the consent of the Company.
13.7 Modification of Website and Termination of Website
The Company reserves the right to modify the Website or interrupt the operation of the Website in order to modify it. The Company also reserves the right to terminate the operation of the Website.
13.8 Statements, testimonies, photographs and comments of Clients related to Services provided
Statements, testimonies, photographs of Clients, as well as the results achieved by these Clients and Clients' comments indicating the nature and quality of the Services provided by the Company may be included on the Website as well as in the Company's advertising materials. The publication of statements, testimonies, photographs of Clients, as well as the results achieved by Clients and comments made by Clients, have been agreed in advance by the Clients. These statements, testimonies, photographs of Clients, results achieved by Clients and comments made by Clients are not a guarantee that current or future Clients will achieve the same or similar results.
13.9 Updating the GTC
These GTC have been drawn up in accordance with the applicable legislation, they are of an informative nature, their wording may be unilaterally amended by the Company in accordance with the applicable legislation. By using the Company's Website, the Client agrees to the modified and updated GTC. It is the Client's responsibility to follow the wording of the GTC in order to be aware of their modifications and updates.
In the event that, at the time of execution of the Contract/Order, legislation provides the Client with more rights than these GTC, the applicable legislation shall apply without further delay.
13.10 Consent to the GTC
By concluding the Contract/Order, the Client expressly expresses his/her will and declares that he/she has fully and unreservedly familiarized himself/herself with these GTC and undertakes to comply with them without reservation.
13.11 Validity and Effectiveness of the GTC
These GTC come into force and effect from the date of their publication on the Company's Website and are effective in relation to the Client on the date of conclusion of the Contract.