CEI terms and conditions

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENTBETWEEN YOU AND Coaching Evolution International Ltd (“WE,” US,” or “CEI”) ANDGOVERN YOUR USE OF the following sites:
· coachingevolution.org
· coachingevolutionacademy.org
· coachingevolutionacademy.com
· pamelacaravas.com
· coachgo.org
· pr-brandifesto.com


We provide visitors to our Websites (“Visitors”) access tothe Websites subject to the following Terms of Use, which may be updated by usfrom time to time without notice to you. By browsing the public areas or byaccessing and using the Websites, you acknowledge that you have read,understood, and agree to be legally bound by these Terms of Use and our PrivacyPolicy also included in our sites, which is hereby incorporated by reference(collectively, this “Agreement”). If you do not agree to any of these terms,then please do not use the Websites.Any user who registers with us (each, a “Registered User”)and wishes to purchase a product or service through one of our Websites, isagreeing to the terms of this Agreement and the accompanying Terms andConditions of Purchase with respect to such product or service. In the event ofany conflict between the terms of this Agreement and the Terms and Conditionsof Purchase, the Terms and Conditions of Purchase shall control.
The sectionsbelow titled “binding arbitration” and “class action waiver” contain a bindingarbitration agreement and class action waiver. They affect your legal rights.Please read them.


We provide Visitors and Registered Users with access tothe Services as described below.Visitors. Visitors, as the term implies, are peoplewho do not register with us, but want to explore the Websites. No login isrequired for Visitors. Visitors can: (i) view all publicly-available content onthe Websites; and (ii) email us.Registered Users. Registered Users can do all the thingsthat Visitors can do, and: (i) purchase products and services through one ofour Websites; (ii) access exclusive content available only to Registered Users;(iii) create, access, manage, and update their own personal accounts on theWebsites; (iv) post comments and other content on the Websites (collectively,“Registered User Content”); (v) sign up for our various programs; (vi) sign upfor alerts and other notifications; and (vii) become part of the CoachingEvolution International community.Coaching Evolution International Ltd is under noobligation to accept any individual as a Registered User and may accept orreject any registration in its sole and complete discretion. In addition,Coaching Evolution International Ltd may deactivate any account at any time,including, without limitation, if it determines that a Registered User hasviolated these Terms of Use.CEI grants you a non-exclusive,non-transferrable, revocable license to use the Services, including theProducts (subject to payment, where applicable), for your personal use only, inaccordance with these Terms. We reserve all rights that we do not expresslygrant in these Terms. We may change, suspend or discontinue any aspect of theServices at any time, including the availability of any feature or content.Without limitation of any of our other rights or remedies at law, in equity orunder these Terms, we may terminate your license to use the Services, in wholeor in part, including your right to use any Products, without providing anyrefund or cancelling your obligation to make instalment payments whereapplicable, if we determine, in our sole discretion, that you have breached orviolated any of the provisions of these Terms.


You may purchase licenses to certain Products through aone-time payment or in monthly instalments, as specified on the websites. Whenyou make a purchase, you authorize us to charge the credit, debit card orPayPal account you provide on a one-time or monthly basis, depending on whichpayment plan you elect.We reserve the right to cancel any order for anyreason. Possible reasons for cancellation include, but are not limited to thefollowing: fraudulent or potentially orders, incorrect pricing or non-payment.


If you are not satisfied with a Product that youpurchased, you are eligible for a full refund of amounts paid for that Product,provided that you: email our Client Concierge Service at concierge@coachingevolution.org,no later than fifteen (15) days following the date of purchase, requesting arefund, stating the reason for your request. Notwithstanding the foregoing,certain Product purchases may not be eligible for refund, or might be subjectto satisfaction of additional or different criteria, if and to the extent we soprovide on the applicable Site(s). If you receive a refund for a Product, youwill have no further right to use that Product. We will have the solediscretion to determine whether you satisfy the eligibility criteria for arefund. For the avoidance of doubt, unless you are eligible to receive arefund, as provided herein, your obligation to continue to make all monthlypayments with respect to a purchase shall remain in effect, notwithstanding thecancellation or termination of the applicable license for such Product.For the avoidance of doubt, refunds cannot be applied andthus are not applicable, in the case that you choose to pay your purchase (s)in monthly installments.For further details on particular products or servicesprovided by the various brands owned by Coaching Evolution Int’l Ltd, pleasevisit the relevant Fees & Refunds section on the respective Websites.


We may provide theopportunity for you to provide content or materials (“Your Content”) by meansof the Services, including by commenting on blog posts, by communicating withus directly or through other forums. You grant to us and our affiliates anon-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable,transferrable, right and license to reproduce, display, perform, transmit,modify, publish, create derivative works from and otherwise use Your Content inany formats or media now known or hereafter devised, in connection with ourprovision or promotion of information products or services.


Coaching Evolution International community, like anycommunity, functions best when its users follow a few simple rules. Byaccessing and/or using the Websites, you agree to comply with these communityguidelines (the “Community Guidelines”) and that:

  • You will comply with all applicable laws in youruse of the Websites and will not use the Websites for any unlawful purpose;

  • You will not upload,post, email, transmit, or otherwise make available any content that:
    -  infringes any copyright, trademark, right ofpublicity, or other proprietary rights of any person or entity; or·     is defamatory, libellous, indecent, obscene,pornographic, sexually explicit, invasive of another’s privacy, promotesviolence, or
    - contains hate speech (i.e., speech that attacks or demeans a groupbased on race or ethnic origin, religion, disability, gender, age, veteranstatus, and/or sexual orientation/gender identity; or discloses any sensitiveinformation about another person, including that person’s email address, postaladdress, phone number, credit card information, or any similar information.

  • You will not “stalk,” threaten, or otherwiseharass another person;

  • You will not spam oruse the Websites to engage in any commercial activities;

  • If you post anyRegistered User Content, you will stay on topic;

  • You will not access or use the Websites tocollect any market research for a competing business;

  • You will notimpersonate any person or entity or falsely state or otherwise misrepresentyour affiliation with a person or entity;

  • You will notinterfere with or attempt to interrupt the proper operation of the Websitesthrough the use of any virus, device, information collection or transmissionmechanism, software or routine, or access or attempt to gain access to anydata, files, or passwords related to the Websites through hacking, password ordata mining, or any other means;

  • You will not cover, obscure, block, or in anyway interfere with any advertisements and/or safety features (e.g., reportabuse button) on the Websites;

  • You will not use anyrobot, spider, scraper, or other automated means to access the Websites for anypurpose without our express written permission; provided, however, we grant theoperators of public search engines permission to use spiders to copy materialsfrom the public portions of the Websites for the sole purpose of and solely tothe extent necessary for creating publicly-available searchable indices of thematerials, but not caches or archives of such materials;

  • You will not take anyaction that imposes or may impose (in our sole discretion) an unreasonable ordisproportionately large load on our technical infrastructure; and

  • You will let us knowabout inappropriate content of which you become aware. If you find somethingthat violates our Community Guidelines, please let us know, and we’ll reviewit.

    We reserve the right,in our sole and absolute discretion, to deny you access to the Websites, or anyportion of the Websites, without notice, and to remove any content that doesnot adhere to these Community Guidelines.


    The Websites are onlyavailable for individuals aged 16 years or older. If you are 16 or older, butunder the age of majority in your jurisdiction, you should review thisAgreement with your parent or guardian to make sure that you and your parent orguardian understand it.


    During the registration process for Registered Users, wewill ask you to create an account, which includes a sign-in name (“Sign-InName”), a password (“Password”), and perhaps certain additional informationthat will assist in authenticating your identity when you log-in in the future(“Unique Identifiers”). When creating your account, you must provide true,accurate, current, and complete information. Each Sign-In Name andcorresponding Password can be used by only one Registered User, and sharingyour access credentials with others (especially if they are using yourcredentials to access our proprietary Content (as defined below)) is a materialbreach of this Agreement. You are solely responsible for the confidentialityand use of your Sign-In Name, Password, and Unique Identifiers, as well as forany use, misuse, or communications entered through the Websites using one ormore of them. You will promptly inform us of any need to deactivate a Passwordor Sign-In Name, or change any Unique Identifier. We reserve the right todelete or change your Password, Sign-In Name, or Unique Identifier at any timeand for any reason and shall have no liability to you for any loss or damagecaused by such action.


    The Websites contain material, such as videos, coursework,lesson plans, training modules, photographs, software, text, graphics, images,sound recordings, and other material provided by or on behalf of CoachingEvolution International Ltd (collectively referred to as the “Content”). TheContent may be owned by us or third parties. The Content is protected under EU,US and International applicable foreign laws. Unauthorized use of the Contentmay violate copyright, trademark, and other laws.Visitors may view all publicly available Content for theirown personal, non-commercial use. Registered Users who have purchased anyproduct or service, may download onto their own machines and view any Contentcontained in such purchased product or service for their own personal,non-commercial use. Other than as expressly set forth in the immediately twoprior sentences, you have no other rights in or to the Content (other than yourown Registered User Content that you post to the Websites), and you will notuse the Content except as permitted under this Agreement. No other use ispermitted without the prior written consent of Coaching Evolution InternationalLtd.Coaching Evolution International Ltd retains all right,title, and interest, including all intellectual property rights, in and to theContent. You must retain all copyright and other proprietary notices containedin the original Content. You may not sell, transfer, assign, license,sublicense, or modify the Content or reproduce, display, publicly perform, makea derivative version of, distribute, or otherwise use the Content in any wayfor any public or commercial purpose. The use or posting of the Content on anyother website, social media page, or in a networked computer environment forany purpose is expressly prohibited.If you violate any part of this Agreement, your permissionto access and/or use the Content and the Websites automatically terminates andyou must immediately destroy any copies you have made of the Content.The trademarks, service marks, and logos of CoachingEvolution International Ltd (the “Coaching Evolution International LtdTrademarks”) used and displayed on the Websites are registered and unregisteredtrademarks or service marks of the Company. Other company, product, and servicenames located on the Websites may be trademarks or service marks owned byothers (the “Third-Party Trademarks,” and, collectively with Coaching EvolutionInternational Ltd Trademarks, the “Trademarks”). Nothing on the Websites shouldbe construed as granting, by implication, estoppel, or otherwise, any licenseor right to use the Trademarks, without our prior written permission specificfor each such use. Use of the Trademarks as part of a link to or from any siteis prohibited unless establishment of such a link is approved in advance by usin writing. All goodwill generated from the use of Coaching EvolutionInternational Ltd Trademarks inures to our benefit.Elements of the Websites are protected by trade dress,trademark, unfair competition, and other state and federal laws and may not becopied or imitated in whole or in part, by any means, including, but notlimited to, the use of framing or mirrors. None of the Content may beretransmitted without our express, written consent for each and every instance.


    We take commercially reasonablesteps to protect the Information from loss, misuse, and unauthorised access,disclosure, alteration, or destruction. Please understand, however, that nosecurity system is impenetrable. We cannot guarantee the security of ourdatabases, nor can we guarantee that the Information that you supply will notbe intercepted while being transmitted to and from us over the Internet. Inparticular, e-mail sent to or from the Websites may not be secure, and youshould, therefore, take special care in deciding what information you send tous via email.


    We collect, process and storeyour personal data primarily for (a) the satisfactory performance of the salesor service contract, (b) the compliance of the Company with its legalobligations, (c) the legitimate interests pursued by the Supervising Authorityor any other third party, legally entitled to access or request your data.The legal basis for processingyour personal data also depends on the purpose for which we process them.Particularly:i. In order to manage yourregistration as a user of the Site, we process your data because it isnecessary to implement the terms governing the use of the website. In otherwords, in order to be able to register you as a user on the website, we need toprocess your personal data, otherwise we would not be able to manage yourregistration.ii. For the purpose ofdeveloping, performing and executing the purchase or service contract. Weprocess your data because it is necessary to perform the contract of purchaseor service with you. Some data processing related to the purchase process isonly triggered because you request or approve it, such as storing payment datafor future purchases or to provide you with the Coming soon / Back soon. Inthese cases, processing your data is based on your own consent.We believe that we have alegitimate interest in conducting the necessary checks to detect and preventpossible fraud when making a purchase. We understand that processing this datais a positive sign for all parties involved when paying for a purchase,especially for you, as this allows us to take action to protect you fromattempts of fraud by third parties.iii. For the purpose of ClientConcierge ServiceWe believe that we have alegitimate interest in responding to requests or queries raised by you throughthe various existing communication channels. We understand that processing thisdata is also beneficial to you as long as it allows us to help you adequatelyand answer the queries you raise. When you contact us, especially to manageevents related to your order or to the product / service acquired via the Site,processing your data is necessary for the performance of the purchase contractor the service. When your query relates to the exercise of your rights forwhich we inform you below or claims about our products or services, we arelegally qualified to process your data in order to comply with our legalobligations.iv. In terms of marketingpurposesWe are legally authorised toprocess your data for marketing purposes because of your consent, for example,when you agree to receive personalised information through a variety of media,when you authorise us to send push notifications to your mobile device, tabletand/or PC, or when you accept the legal terms and conditions to participate ina promotional action. In order to show you personalised information, we believethat we have a legitimate interest in setting up a profile with the informationwe have about you (such as your browsing, preferences, or purchase history) andthe personal data you gave us, such as the range age or language since weunderstand that processing this data is also beneficial to you because itallows you to improve your user experience and access information according toyour preferences.v. Usability and qualityanalysisWe believe that we have a legitimateinterest in analysing the usability of the Site and the degree of usersatisfaction as we understand that processing this data is also beneficial toyou because its purpose is to improve user experience and provide higherquality service.


    As noted above, the Websites provides Registered Users theability to post and upload Registered User Content. You expressly acknowledgeand agree that once you submit your Registered User Content for inclusion intothe Websites, it will be accessible by others, and that there is noconfidentiality or privacy with respect to such Registered User Content,including, without limitation, any personally identifying information that youmay make available. YOU, AND NOT Coaching Evolution International Ltd, AREENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST,EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.You retain all copyrights and other intellectualproperty rights in and to your own Registered User Content. You do, however,hereby grant us and our sub-licensees a non-exclusive, royalty-free, freelysub-licensable, perpetual license to modify, compile, combine with othercontent, copy, record, synchronize, transmit, translate, format, distribute,publicly display, publicly perform, and otherwise use or exploit (including forprofit) your Registered User Content and all intellectual property and moralrights therein throughout the universe, in each case, by or in any means,methods, media, or technology now known or hereafter devised. You also grant usand our sub-licensees the right, but not the obligation, to use your RegisteredUser Content, your Sign-In Name, name, likeness, and photograph in connectionwith any use of the related Registered User Content permitted by the previoussentence and/or to advertise and promote the Websites, Coaching Evolution InternationalLtd, and our products and services. Without limiting the foregoing, youacknowledge and agree that uses of your Registered User Content, name,likeness, and photograph permitted by the foregoing rights and licenses mayinclude the display of such Registered User Content, name, likeness, andphotograph adjacent to advertising and other material or content, including forprofit.If you submit Registered User Content to us,each such submission constitutes a representation and warranty to Coaching EvolutionInternational that such Registered User Content is your original creation (orthat you otherwise have the right to provide the Registered User Content), thatyou have the rights necessary to grant the license to the Registered UserContent under the prior paragraph, and that it and its use by CoachingEvolution International Ltd and its content partners as permitted by thisAgreement does not and will not infringe or misappropriate the intellectualproperty or moral rights of any person or contain any libellous, defamatory, orobscene material or content that violates our Community Guidelines.


    Although we encourageyou to email us, we do not want you to, and you should not, email us anycontent that contains confidential information. With respect to all emails andcommunications you send to us, including, but not limited to, feedback,questions, comments, suggestions, and the like, we shall be free to use anyideas, concepts, know-how, or techniques contained in your communications forany purpose whatsoever, including but not limited to, the development,production, and marketing of products and services that incorporate suchinformation without compensation or attribution to you.


    (a) If you are a Registered User, you hereby represent,warrant, and covenant that:You own or have the necessary licenses, rights, consents,and permissions to all trademark, trade secret, copyright, or otherproprietary, privacy, and publicity rights in and to your Registered UserContent and any other works that you incorporate into your Registered UserContent, and all the rights necessary to grant the licenses and permissions yougrant hereunder;Use of your Registered User in the manners contemplated inthis Agreement shall not violate or misappropriate the intellectual property,privacy, publicity, contractual, or other rights of any third party; andYou shall not submit to the Website any Registered UserContent that violates our Community Guidelines set forth above or any otherterm of this Agreement.(b) You agree to defend, indemnify, and hold us and ourofficers, directors, employees, agents, successors, licensees, and assignsharmless from and against any damages, liabilities, losses, expenses, claims, actions,and/or demands, including, without limitation, reasonable legal and accountingfees, arising or resulting from: (i) your breach of this Agreement; (ii) yourmisuse of the Content or the Websites; and/or (iii) your violation of anythird-party rights, including without limitation any copyright, trademark,property, publicity, or privacy right. We shall provide notice to you of anysuch claim, suit, or proceeding and shall assist you, at your expense, indefending any such claim, suit, or proceeding. We reserve the right to assumethe exclusive defence and control (at your expense) of any matter that issubject to indemnification under this section. In such case, you agree tocooperate with any reasonable requests assisting our defence of such matter.


    (a) You assume all responsibility and risk for your use ofthe services. the services, including any products, are provided “as is”without representations or warranties of any kind, either express or implied,including warranties of title, non-infringement, or implied warranties ofmerchantability or fitness for a particular purpose.(b) While we make good faith efforts to includesubstantially accurate information in the services, errors or omissions mayoccur. if we receive notice of errors or omissions, we will make reasonableefforts to correct them in due course; but we make no representations orwarranties regarding the accuracy, completeness, performance, currency, orfitness for a particular purpose of the services, that the services will meetyour requirements, or as to the results that will be derived from using any ofthe information included in the services.(c) In no event shall Coaching Evolution International Ltdor its affiliates be liable for any indirect, punitive, incidental, special orconsequential damages arising out of or in any way connected with your use of,delay in using, or inability to use the services. Our liability for any directdamages shall be limited to the amount of fees you have paid for the productsgiving rise to such liability. Some jurisdictions do not allow the exclusion orlimitation of liability for consequential or incidental damages and thus theabove limitation may not apply to you. If this limitation of liability or theexclusion of warranty set forth above is held inapplicable or unenforceable forany reason, CEI ’s maximum liability for any type of damages shall be limitedto the lesser of (i) a refund of the amount paid for the product at issue, or(ii) $100.(d) You assume all responsibilities and obligations withrespect to any decisions, advice, conclusions or recommendations made or givenas a result of the use of the services, including without limitation anydecision made or action taken by you in reliance upon products. the servicesshall not constitute or be construed as a recommendation, solicitation, offeror opinion by CEI or our affiliates, principals or content providers, for anyfinancial transaction or the purchase of any financial instrument, includingbut not limited to securities, or any kind of investment. Past performance isno guarantee of future results.(e) You assume all responsibility and risk for your use ofthe services. There is no guarantee that you will earn any money or achieve anyparticular results using the techniques and ideas provided in connection withthe services. All information provided in connection with the services isintended for educational purposes only, for a general audience, and not asspecific advice tailored for an individual or business.None of the information provided in connectionwith the services shall be construed to constitute medical, psychological,financial or accounting, legal or other professional advice; we urge you toconsult with an appropriate licensed professional if you seek any such advice.


    The Websites may contain links to third-party websites(“External Sites”). These links are provided solely as a convenience to you andnot as an endorsement by us of the content on such External Sites. The contentof such External Sites is developed and provided by others. You should contactthe site administrator or webmaster for those External Sites if you have anyconcerns regarding such links or any content located on such External Sites. Weare not responsible for the content of any linked External Sites and do notmake any representations regarding the content or accuracy of materials on suchExternal Sites. You should take precautions when downloading files from allwebsites to protect your computer from viruses and other destructive programs.If you decide to access linked External Sites, you do so at your own risk.


    These Terms shall be governed by the laws of theNetherlands without giving effect to the principles of conflict of laws. YOUAND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELYBY ARBITRATION in Amsterdam, NL.


    In the event of a dispute arising under or relating tothis Agreement, the Content, or the Websites (each, a “Dispute”), either partymay elect to finally resolve the dispute by binding arbitration governed by thelaws of the Netherlands and the Dutch Arbitration Act. Any election toarbitrate, at any time, shall be binding on the other party. All disputes willbe resolved by Arbitration as per book 4 of the Dutch Code of Civil Procedure(DCCP), also referred to as the Dutch Arbitration Act. All three legal remediesthat may be available against an arbitral award: arbitral appeal, setting asideand revocation, will be available to the contracting parties.Each party will be responsible for paying any filing,administrative, and arbitrator fees in accordance with the Dutch ArbitrationAct. Judgment on the arbitrator’s award may be entered in any court havingjurisdiction. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. If conducted in person, thearbitration shall take place in Amsterdam, NL.

    16. WAIVER

    You agree that anyarbitration or proceeding shall be limited to the Dispute between us and youindividually. To the full extent permitted by law, (i) no arbitration orproceeding shall be joined with any other; (ii) there is no right or authorityfor any Dispute to be arbitrated or resolved on a class action-basis or toutilize class action procedures; and (iii) there is no right or authority forany Dispute to be brought in a purported representative capacity on behalf ofthe general public or any other persons. You agree that you may bring claimsagainst us only in your individual capacity and not as a plaintiff or classmember in any purported class or representative proceeding.


    You acknowledge and agree that in the event of a breach orthreatened violation of our intellectual property rights and confidential andproprietary information by you, we will suffer irreparable harm and willtherefore be entitled to injunctive relief to enforce this Agreement. We may,without waiving any other remedies under this Agreement, seek from any courthaving jurisdiction any interim, equitable, provisional, or injunctive reliefthat is necessary to protect our rights and property pending the outcome of thearbitration referenced above. However, you also irrevocably and unconditionallyconsent hereby to the personal and subject matter jurisdiction of the courts inthe Netherlands for purposes of any such action chosen by us.


    We may amend and / ormodify these Terms at any time by posting changes on the Sites; however, (i)these changes will only become effective and binding with respect to you afterwe provide notice on the Sites that these Terms have changed and you first useany of the Services following the date of such posting, (ii) the changes willonly apply with respect to your use of the Services after such changes becomeeffective, and (iii) any change in payment obligations will only apply to yoursubsequent purchases on, or usage of, the Services. If at any time you findthese Terms unacceptable and do not agree with them, you thereafter will haveno right to use or access the Services.


    Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledgeand consent to our collection and use of information as set forth in theprivacy policy.


    No joint venture, partnership, employment or agencyrelationship exists between you and Coaching Evolution International Ltd or itsaffiliates, as a result of these Terms and/or your use of the Services. TheseTerms shall be effective as of the date accepted by you.These Terms represent the entire agreement between you andCEI with respect to the subject matter hereof, and supersede any and all priorunderstandings, statements or representations, whether electronic, oral orwritten, regarding the Services.Coaching Evolution International Ltd or its affiliates mayassign these Terms at its discretion. You may not assign these Terms.No waiver of any obligation or right of either party shallbe effective unless in writing, executed by the party against whom it is beingenforced. In addition to money damages, CEI shall be entitled to seek equitablerelief where appropriate if you breach of any of these Terms.These Terms are severable and may be construed to theextent of their enforceability in light of the parties’ mutual intent. Thetitles and subtitles in these Terms are used for convenience only and are notto be considered in construing it. All references herein to “including” andvariations thereof shall be deemed to mean, “including, but not limited to.”All references herein to “we,” “our” or variations thereof shall be deemed torefer to Coaching Evolution International Ltd. All references herein to “you,”“your” or variations thereof shall be deemed to refer to you individually, ifyou are entering into these Terms on an individual basis, and to thecorporation, partnership or other organization or legal entity that yourepresent, if you are entering into these Terms on behalf of such organizationor entity.Notices to you required or permitted hereundershall be made to you at the most recent email address on file with CoachingEvolution International Ltd or its affiliates. Notices to us shall be sent byemail toconcierge@coachingevolution.orgorby registered letter to 71-75 Shelton St, London, WC2 H9JQ UK.

    privacy policy