1. Applicable Terms & Conditions
These terms and conditions are applicable to all coaching services rendered by Buffi Duberman to a contractual party, whether a company or an individual, hereafter referred to as “Client”. These terms and conditions are part of each agreement between Buffi Duberman and Client, with regard to personal coaching and/or corporate coaching assignments for the coaching services provided by Buffi Duberman.
These terms and conditions are used by Buffi Duberman, operating as ‘Creative Communication Consultants’ based in (5212 BC) Den Bosch at Frederik Hendriklaan 73, the Netherlands, email address: info@buffiduberman.com, Chamber of Commerce number: 17135952, VAT identification number: 2068.68.510.B.01(our company hereafter referred to as: “Creative Communications” or “Company”).
By buying a product from Buffi Duberman’s webshop (www.rockthatmouth.com), or booking a coaching session or series of sessions with Buffi Duberman, you agree to be bound by the following terms and conditions of Service (“Terms”). The Terms define a contractual relationship between Company and Client.
2. Booking of Coaching Services
In case the Client is unable to attend the coaching session or sessions, Client is entitled to send someone else as a replacement to attend to the agreed coaching sessions. In such case, the Client needs to inform Company with the details of the replacement at least 72 hours in advance of the first coaching session. Such person replacing the Client shall then attend all of the agreed sessions and replacement shall only be applicable once. In case this replacement right is not performed within 72 hours before the first session the Client’s message of being unable to attend shall be handled as a cancellation as mentioned below.
If Client needs to cancel the coaching session or sessions, and shall not make use of the replacement option as mentioned above, Company shall not be held to pay any percentage of the paid fee back to Client.
3. Privacy and Confidentiality
By booking the coaching services of Buffi Duberman, the Client will be asked to submit personal information (such as full name, address, email address etc.) in order to be able to execute and perform the coaching sessions. Whenever you provide such personal information, Company will treat that information in accordance with current privacy legislation. If you are under 18, please get your parent/guardian’s permission before you provide personal information. Users without this consent are not allowed to provide us with personal information.
Any and all information, including all materials, documents, and videos, as shared by Buffi Duberman with the Client, or shared by Client with Buffi Duberman and any personal information shared, will at all times be kept strictly confidential by both Client and Buffi Duberman and Company. Nothing that was discussed or shared or sent to the other party may be copied, shared, distributed, posted online (on social media or otherwise) or printed without the explicit prior written approval of the other party.
4. Proprietary Rights
The contents of all lesson materials, videos, audio recordings and documents supporting the coaching sessions are protected by copyright of which Company is and remains to be the sole owner. Nothing in the booking of the coaching services shall be deemed to include a license or approval to Client to use or copy any of the materials as provided to the Client. Copying, changing, making available to the public, distributing or storing of information or data, and notably of texts, parts of texts, logos, picture material, or whatever copyright protected material, requires Company’s prior written consent. All intellectual and industrial property rights, including but not limited to domain names, tradenames, trademarks, brands, logos and designs – possibly protected by third parties – are unrestrictedly subject to the provisions of the registered owner’s labeling and property rights in force at any given time. The copyrights and all other intellectual property rights in conjunction with the services/lessons developed and published by Company remains its property. Copying, making available to the public or using otherwise such Services, including but not limited to texture, pictures, sound recordings, video sequences, in other electronic or printed publications is not allowed without Company’s prior and explicit written consent.
5. Duration and termination of Agreement
The duration of the agreement between the Client and Company will be the period in which the agreed number of coaching sessions shall take place. Article 4 shall continue to apply in perpetuity. Terms that are to continue in perpetuity shall be unaffected by the termination of the agreement between Client and Company.
6. Limitation of Liability
Client hereby agrees that Company’s and Buffi Duberman’s liability is restricted to damage caused intentionally and by gross negligence and they shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include – but not be limited to – damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information.
7. Jurisdiction
The provisions of these Terms as well as any disputes connected with or ensuing from the Terms and/or the agreement which allows you to follow lessons, shall be governed by the laws of the Netherlands. Any disputes ensuing from or connected with the provisions of these Terms shall be submitted to the exclusive jurisdiction of the competent court in Den Bosch, the Netherlands.
8. Entire Agreement
Client declares and agrees that the above Terms constitute the entire agreement between Client and Company.
Should individual provisions of these Terms be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other conditions of use. The ineffective provisions shall be replaced by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.
9. Changes to the Terms
Company reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date these are sent to Client for future coaching sessions.
‘s-Hertogenbosch, July 2021