Online Womens’ Circle Session Terms and Conditions
You and the Service Provider enter an agreement pursuant to, and in accordance with, the terms and conditions of these Terms and agree as follows:
Unless the context requires otherwise and unless explicitly defined elsewhere in these Terms, capitalised terms and expressions in these Terms are defined terms and expressions which shall have the following meaning:
(a) “Application Form” means the application form provided via https://www.sarahgrete.com/kontakt or otherwise to You by the Service Provider to register for the Session;
(b) “Attendees” means any person attending the Session;
(c) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of the Service Provider, an Attendee, or their respective affiliates, clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Session;
(ii) the contents of these Terms;
(iii) all information identified by a Party or Attendee as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(d) “Parties” means You and the Service Provider;
(e) “Party” means either of the Parties;
(f) “Registration” means the moment You: (i) have submitted the Registration Form and (ii) have paid the Fee in full in accordance with clause 10 of these Terms;
(g) “Service Provider” means Sarah Al-Bashtali, a private individual, acting in the name of the sole proprietorship, Sarah Al-Bashtali Advisory, having the registered business address at Piet Mondriaanstraat 161 2, 1061 AP Amsterdam, the Netherlands, and registered in the Dutch Trade Register under number 85726052;
(h) “Terms” means these terms and conditions; and
(i) “You” or “Your” means any (natural or legal) person who has agreed to, and is therefore bound by, these Terms.
2. Womens’ Circle Sessions
2.1 Upon Registration, You are granted access to one online group meeting, the ‘Womens’ Circle Session’, with the Service Provider and other Attendees for a maximum duration of 60 minutes (hereinafter referred to as; the “Session”). The Session will take place on Zoom unless the Service Provider chooses, at its sole discretion, another platform for the Session.
2.2 You are prohibited from having any other party join, view, listen in on, or in any way participate in the Session.
2.3 The Session may be monitored or recorded. By and under the terms of these Terms, You consent to the monitoring and recording of the Session and the use and publication of the recording by the Service Provider.
2.4 You hereby transfer all intellectual property rights to Your name, personal details, likeness, image, voice, and all Your other intellectual property to the extent that it is contained in, and otherwise attached to, the content of the recording of the Session by way of assignment to the Service Provider.
3. Non-disparagement & prohibited behaviour
3.1 During and outside of the Session, You shall not behave in any way that:
(a) is illegal, infringes or violates the rights of any third party, including, but not limited to, the Service Provider and the Attendees;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits the Service Provider or any Attendee;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties and/or any Attendee.
3.2 You shall not use any information or materials in relation to the Session, the Service Provider, the Attendees and/or these Terms in any way as described in clause 3.1 of these Terms.
3.3 You shall not misrepresent or embellish Your relationship with the Service Provider (including, but not limited to, by expressing or implying that the Service Provider supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by these Terms or agreed in writing between the Parties.
3.4 You agree not to disparage the Service Provider’s brand, products, services or persons working for or employed by the Service Provider.
3.5 You agree that You will not make any unsubstantiated claims that will ruin the business reputation of the Service Provider.
4. Application Form
4.1 By registering via the Application Form, You represent and warrant that all information provided by You in the Application Form is accurate, complete, correct and current. You agree to notify the Service Provider by email, as soon as reasonably possible, of any information provided in the Application Form that is inaccurate, incomplete, incorrect or not current and provide the Service Provider with the information that is accurate, complete, correct and current.
4.2 Regardless of whether a third party is or was authorised by You to register information in and/or submit the Application Form for You, You are and remain at all times responsible for any and all information provided in the Application Form, and You are and remain bound by the provisions of these Terms.
4.3 You acknowledge and agree that the Service Provider may rely on the information provided by You in the Application Form.
5. Additional Sessions
5.1 Upon Registration, You are entitled to access one Session that You have registered for. You are not entitled to any additional, other or substitute Sessions, nor any other services the Service Provider provides.
5.2 For any additional Sessions, You must register for such Sessions via the Application Form.
6.1 You represent and warrant that:
(a) You are at least 18 years of age; or
(b) if You are the age of 13 years or older but younger than the age of 18 years, You have been given the prior consent (one of) Your parent(s) or legal guardian(s), to enter these Terms.
6.2 The Service Provider makes no representation that the Session is available or appropriate for use by individual persons below the age of 18.
6.3 If You are younger than the age of 13 years, the Service Provider does not permit You to access the Session.
7. Responsibilities, disclaimers, representations and warranties
7.1 The information and all other materials, data, images, text, and other information provided or used by or on behalf of the Service Provider in connection with the Session are provided “as is” and “as available.”
7.2 The Session is facilitated through the platform chosen by the Service Provider at the Service Provider’s sole discretion. It is Your responsibility to ensure that You have the proper technology, hardware and software, along with access to Wi-Fi, to be able to access and participate in the Session.
7.3 The description of the Session on the Service Provider’s website or anywhere else is intended to indicate only the general nature of the Session and does not guarantee the content of or the information provided during the Session. The Service Provider reserves the right to amend, change, alter or modify the content of and the information provided during the Session at its discretion.
7.4 The Session is for informational and educational purposes only. Any information provided during the Session is not, and should not be, construed as, any kind of professional advice. These are the personal opinions of the Service Provider and the Attendees only.
7.5 The Session is not and is not a substitute for therapeutic, hypnotherapeutic, psychological, medical, or relationship counselling, nor any other type of counselling. If You feel You need therapy or any other type of professional counselling, You are responsible for seeking the help of a licensed professional.
7.6 Visiting, viewing, and/or using (any part of) the Sessions does not establish any kind of professional relationship with the Service Provider.
7.7 You understand and acknowledge that any information the Host, the Attendees or any other third parties provide during (any part of) the Meeting is not privileged or confidential or subject to any other protection of any professional-client relationship.
7.8 The Service Provider does not represent, warrant, or guarantee that the information provided during (any part of) the Session will be free from errors or omissions.
7.9 The Service Provider only performs the Services on the basis of a best-efforts obligation. The Service Provider is not responsible for: (i) the effectiveness of the Session; (ii) any results in relation to or outcomes from the Session; or (iii) any decisions made by You or any other third party based on the Session and/or any results in relation to or outcomes from the Session. The Service Provider does not represent, warrant, or guarantee the effectiveness of the Session or the results in relation to or outcomes from the Session. The Service Provider’s comments about the effectiveness of the Session and/or result(s) and/or outcome(s) are expressions of opinion only.
7.10 You acknowledge that the Service Provider cannot make any such representations, warranties, or guarantees mentioned in this clause 7 of these Terms and that You cannot hold the Service Provider liable in relation to: (i) errors or omissions; (ii) the effectiveness of the Session; (iii) any results in relation to or outcomes from the Session; or (iv) any decisions made by You or any other third party based on the Session and/or any results in relation to or outcomes from the Session.
8. Group Platform
8.1 The Service Provider may, at its sole discretion, provide You with access to a platform or a group or page within a platform, such as a Facebook group, to which other third parties who have attended the Session or used other services of the Service Provider, have exclusive access (hereinafter referred to as; a “Group Platform”). Such access to a Group Platform is not a mandatory part of the Session, and access to such a Group Platform does not affect any payment rights the Service Provider has under these Terms.
8.2 The Service Provider is not responsible nor liable for any content, including but not limited to text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials, deriving from third parties on the Group Platform.
8.3 The Service Provider is not responsible nor liable for the actions of third parties on the Group Platform, nor any communications, conflicts, or damages that occur through any communication and/or collaboration with a third party on or outside the Group Platform.
8.4 For any text, content, images, photos, names, videos, recordings, statements, testimonials, reviews, questions, ideas, comments, and any other information and materials that You post, share, upload, display, transmit, distribute, send, email, or submit to the Group Platform (hereinafter referred to as; the “Creations”), You represent and warrant that You are the owner of the Creations or have the express permission from the rightful owner of the intellectual property rights to those Creations to use and distribute that content on the Group Platform.
8.5 You represent and warrant that the Creations in no way infringe the privacy rights, intellectual property rights, publicity rights, or any other third-party rights and does not contain any unlawful, offensive, or obscene material.
You agree not to post, share, upload, display, transmit, distribute, send, or submit to the Group Platform any Creations that:
(a) are illegal, infringes or violate the rights of anyone;
(b) are offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) contain chain letters, commercial solicitation, mass mailings, or any other kind of spam or unsolicited commercial messages; and/or
(d) encourage or advocate conduct that constitutes a criminal offence, giving rise to liability or otherwise breaches or violates any law.
8.7 You may not impersonate any person or entity or otherwise mislead as to the owner or origin of the Creations.
8.8 You grant the Service Provider and anyone else working with or for the Service Provider a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, fully sublicensable right and license to use, adapt, modify, edit, translate, copy, reformat, display, publish, broadcast, distribute, reproduce, sell, create derivative works from, live-stream, and/or post any Creations in all forms and media in relation with the Service Provider’s advertising, promotional, publicity and marketing activities, including, but not limited to, those directed to the public through websites, social media channels, newsletters, emails, commercial products, educational and/or course materials, video footage, sales marketing or any other business purpose.
8.9 You grant the Service Provider a non-revocable, royalty-free, non-exclusive license for the use of Your figurative mark, logo, personal name and business name, and Your Creations, which means You are free to use and continue using the Creations for Your own purposes without any restrictions.
8.10 You authorise the Service Provider to identify You in connection with Your Creations and display Your geographic location when using the Creations. However, the Service Provider may use Your Creations without identifying You as the creator.
8.11 You agree and allow the Service Provider to freely use any Creations in its marketing without any compensation.
8.12 You waive the right to approve, inspect or restrict the use of the Creations as described herein.
8.13 The Service Provider is entitled (but not obligated) to monitor, edit or remove at any time at its sole discretion:
(a) any of Your Creations on the Group Platform; and
(b) any content on the Group Platform deriving from third parties, including but not limited to text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials.
9.1 As consideration for the Session, You agree to pay the Service Provider one lump sum payment equal to EUR 8,26 (hereinafter referred to as; the “Fee”).
9.2 All amounts stated in these Terms are exclusive of any sales or value-added taxes chargeable. If any sales or value-added taxes are chargeable, You shall pay to the Service Provider, in addition to the Fee, an amount equal to the amount of the applicable taxes.
10. Payment & access
10.1 The Fee must be paid immediately at the moment of Registration. You may only pay the full Fee at Registration. Payment in instalments is not permitted.
10.2 Registration is not complete, and You will not have access to the Session until the Service Provider has received full payment of the total Fee.
10.3 You authorize the Service Provider to charge the credit card or account chosen by You to complete all payments under these Terms, and You do not require separate authorization for each payment.
10.4 If You fail to tender full and/or timely payment of any payment owed to the Service Provider or if a payment is cancelled or charged back, the Service Provider reserves the right to cancel Your access to the Session and the Group Platform until You have paid any payment(s) due in full.
10.5 Any payments under these Terms are made by Credit/Debit Cards, iDeal or PayPal. You carry any applicable transaction costs.
11. Refund policy & waiver cooling-off period
11.1 You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 11 deviated from such rights.
11.2 If You cancel a Session less than 48 hours prior to the Session, You will not be refunded. If You cancel a Session 48 hours or more prior to the Session, You will be refunded 50% of the Fee.
11.3 The Service Provider reserves the right to cancel the Session by giving You notice by email at any time. The Service Provider shall refund You the Fee. The Service Provider’s liability when it cancels a Session shall be limited to a refund of the Fee.
11.4 Once the Session has been scheduled, You are not permitted to reschedule the Session.
11.5 If You miss a Session, You will not be refunded.
11.6 You are not eligible for a refund if You do not comply with or if You have breached any of Your payment or other obligations under these Terms. At the Service Provider’s sole discretion, if the Service Provider expects or believes You are abusing this refund policy, for whatever reason, the Service Provider is entitled to deny Your refund, restrict You from other future refunds, restrict access to any and all (future) Sessions and/or any other services and/or products provided by the Service Provider.
11.7 If a refund is granted to You, an administration fee may be charged.
11.8 You are not entitled to a refund if You have breached any of Your payment or other obligations under these Terms.
12. Access restriction
The Service Provider reserves the right to, at the Service Provider’s sole discretion, completely or partially, refuse, suspend, remove, or restrict Your access to the Session, at any time, without notice if the Service Provider either knows or suspects You have or shall breach any of Your obligations under these Terms.
13. Limitation of liability
13.1 Your access to and attendance of the Session is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and for all other actions in connection with the Session.
13.2 The Service Provider and anyone else working with or for the Service Provider is not responsible, nor is the Service Provider liable, for any damages resulting from:
(a) any errors, delays, bugs, or omissions on the platform used for the Session, interruption in operation and Your use of the platform used for the Session, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures;
(b) any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Session;
(c) any theft of and/or unauthorised access to Your information by any third party, regardless of the Service Provider’s negligence; and
(d) any use or misuse of any information provided during or in relation to the Session.
13.3 Without prejudice to clause 13.6, the Service Provider’s aggregate liability is limited to direct damages and the Fee, excluding sales taxes, value-added taxes, and any other taxes, actually paid by You to the Service Provider and actually received by the Service Provider under these Terms.
13.4 Without prejudice to clause 13.6, the Service Provider is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
13.5 You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Session or these Terms.
13.6 Nothing in this clause 13 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
14.1 You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Service Provider arising, in whole or in part, from:
(a) actions and/or omissions, whether done negligently or otherwise, by You;
(b) any and all actions and use of the information or material provided during or in relation to the Session by You;
(c) violation of any laws, regulations, rules, or ordinances by You;
(d) violation of any provisions of the Terms by You or anyone related to You; and/or
(e) infringement by You of any intellectual property rights or other third-party rights.
14.2 The Service Provider will notify You as soon as reasonably possible of any such claims, damage, and/or liability. The Service Provider reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Service Provider to defend any such claims without any cost.
14.3 You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from any and all current and future claims regarding and/or in relation to the use of Your Creations, including, but not limited to, claims, lawsuits, debts, dues, expenses, damages, and demands of any kind at law or in equity or under any statute, invasion of privacy, infringement of moral rights, defamation, rights of publicity, copyrights or any other cause related to the use of the Creations.
15. Term & termination
15.1 These Terms are effective as per the moment of Registration and continue until either:
(a) the Session is completed and any payments due under these Terms have been paid to the relevant Party in full; or
(b) You or the Service Provider terminate(s) these Terms in accordance with this clause 15.
15.2 If You later retain the Service Provider to perform further or additional services, these Terms will be revived unless a new agreement is agreed upon between the Parties in writing.
15.3 Either Party shall be entitled to terminate these Terms by written notice to the other Party at any time, with or without reason, with immediate effect and thus without observing a notice period, and without being liable or any compensation being due.
15.4 If these Terms are terminated, which termination can only occur on the basis of and in accordance with the relevant provisions of these Terms, then:
(a) all rights and obligations of the Parties under these Terms shall end and become ineffective, except for:
(i) access to any and all (future) Session by You shall be cancelled immediately and You are prohibited from accessing any (future) Sessions;
(ii) other rights and obligations accrued before that date;
(iii) any rights and (payment) obligations of or pursuant to clauses 9 (Fee), 10 (Payment & access), and 11 (Refund policy & waiver cooling-off period) if and to the extent any payments are still outstanding, provided that You are not due and the Service Provider does not owe You any refunds or other payments if the Service Provider terminates these Terms due to a violation or breach of clause 3 (Non-disparagement & prohibited behaviour), 16 (Confidentiality) and/or 17 (Intellectual property rights); and
(iv) any rights and obligations of or pursuant to clauses 3 and 16 through 27, which will remain in full force and effect after termination of these Terms; and
(b) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under these Terms occurring prior to their termination.
(a) You shall use Confidential Information solely for the purposes of the Session and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior written consent of the Service Provider.
(b) You acknowledge that the Confidential Information of the Service Provider, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Service Provider.
(c) The restrictions in this clause 16 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by You in violation of these Terms.
(d) You shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that You, to the extent practicable and permitted, promptly notify the Service Provider of such request or requirement.
(e) For the purposes of this clause 16, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in Your possession, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in Your possession, or received from a third party unless the combination itself and its principle of operation are in the public domain, in Your possession or received from a third party.
(f) You shall notify the Service Provider as soon as reasonably practicable of any unauthorized use, or attempted use, of the Service Provider’s Confidential Information, and provide all information necessary to assist the Service Provider in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You undertake Your best efforts to prevent a recurrence to the extent this is within Your control.
16. Intellectual property rights
16.1 These Terms do not give You any ownership rights, intellectual property rights, license or interest in any information or materials provided to You by or on behalf of the Service Provider, including, but not limited to, any information provided during the Session or any other intellectual property or know-how.
16.2 Any intellectual property rights remain exclusively vested in the Service Provider, its licensors, or its suppliers. The Service Provider shall not be obliged to assign or license to You any intellectual property rights pursuant to these Terms. You shall not acquire nor claim any right to, title to, or interest in or to such intellectual property rights by reason of these Terms, and nothing in these Terms shall be construed as constituting such right, title, or interest. You shall not at any time do anything to impair the rights of the Service Provider to its intellectual property rights.
16.3 You acknowledge and agree that You are not permitted to:
(a) share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit (any information provided during or in relation to) the Session;
(b) collect or use descriptions or prices of the Session; or
(c) make any derivative use or create derivative works of (any information provided during or in relation to) the Session,
whether free or paid, without the express written consent of the Service Provider.
16.4 You shall not use the Session to teach any third party or publish on any platform any of the information, methods, solutions, or formulae contained in or derived from the Session.
16.5 You provide the Service Provider a non-revocable, royalty-free, non-exclusive license to use Your personal name and any materials, content and information created and/or provided by You in relation to the Session and/or the Service Provider in any public communication and any communication purposes with third parties, including, but not limited to, for the purpose of marketing, advertising, and promotion.
17. Data protection
18. Communication & “writing” requirements
18.1 Any notice, request, consent, claim, demand, or other communication between the Parties in connection with the Session or these Terms must be sent by email in English or German to the following email addresses set out for each of the Parties below:
(a) to the Service Provider: firstname.lastname@example.org; and
(b) to You: the contact information provided by You in the Application Form,
or such other email address as a Party may notify the other Party by email.
18.2 References to "writing" or "written" mean any method of reproducing words in a legible and non-transitory form, including, but not limited to, e-mail.
19. Electronic signature
These Terms constitute an electronic contract between You and the Service Provider with the full force and effect of a handwritten signature. The Parties enter into these Terms by submission of the Application Form by You by way of clicking on the “Place order” button on the Application Form.
20. Entire agreement
These Terms constitute the entire agreement between the Parties relating to the Session and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing or oral.
21. Amendments & modications
These Terms may be changed, modified, or amended in writing by the Service Provider at any time and at the Service Provider’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your participation in a Session following the effective date of such change will constitute Your acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to You, Your only recourse is to terminate these Terms in accordance with clause 15.3.
You may not assign or transfer the Session or any of Your rights or obligations under these Terms without the prior written consent of the Service Provider.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
24. No waiver
No failure or delay by the Service Provider in exercising any right or remedy under or in connection with these Terms shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.
25. Choice of law
These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by the laws of the Netherlands.
26. Dispute resolution & arbitration
26.1 Without prejudice to clause 27.2, all disputes arising out of or in connection with these Terms or the Session, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The arbitral tribunal shall be composed of one arbitrator. The arbitral tribunal shall be appointed according to the list procedure. The place of arbitration shall be Amsterdam, the Netherlands. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
(a) You are registered in the Netherlands; or
(b) a dispute is not subject to arbitration under clause 27.1 for whatever reason,
that dispute shall be settled in the competent courts located in Amsterdam, the Netherlands, and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in Amsterdam, the Netherlands, for the adjudication of all non-arbitral claims.