- ABOUT THE TERMS AND CONDITIONS
1.1. The platform Matrix Coaching, available at the website www.matrixcoaching.net or www.matrixleadershipdevelopment.com (the “Platform”), through which the Provider facilitates Coaching Sessions between the Client, the Coached Person and the Coach, is managed and hosted by Matrix Leadership Development s.r.o., company incorporated under the laws of Czech Republic, company registration number: 178 95 936, with registered office at Na Petynce 213/23a, Břevnov, 169 00 Praha 6, Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague under file no. C 378369 (the “Provider”).
1.2. These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement which regulates (i) rights and obligations of the users of the Platform, including the Coached Persons, the Coaches, the Clients, the Provider or third persons, and (ii) rights and obligations between the Provider and the Client.
1.3. Coached Persons, Coaches and Clients are obliged to familiarize themselves with these Terms and Conditions. By using the Platform, Coached Persons, Coaches and Clients acknowledge the current wording of the Terms and Conditions and they are obliged to comply with them.
- DEFINITIONS
2.1. The following terms have the following meanings in the Terms and Conditions: “Civil Code” – means the Act No. 89/2012 Coll., Civil Code, adopted by the Parliament of the Czech Republic, as amended. “Client” – means a person with whom the Provider concludes the provision of Coaching Sessions. “Coach” – means a life-coach qualified to provide coaching services to the Coached Persons according to the Matrix Coaching Method. “Coached Person” – means a natural person using the Platform and/or to whom the coaching services are provided. “Coaching Session” – means a 30-minute coaching session facilitated by the Provider and provided by the Coach to the Coached Person. “Consumer” – means any person, who outside of scope of their business activity or outside of scope of independent performance of their profession enters into a contract. “Matrix Coaching Method” – means a unique coaching method, which is a combination of a new and radical coaching method based on the body of work perfected by Nicholas Janni called Leader as Healer. “Platform” – means the platform located at the website www.matrixcoaching.net, or www.matrixleadershipdevelopment.com through which the Provider facilitates Coaching Sessions between the Client, the Coached Person and the Coach. “Provider” – means Matrix Leadership Development s.r.o., company incorporated under the laws of Czech Republic, company registration number: 178 95 936, with registered office at Na Petynce 213/23a, Břevnov, 169 00 Praha 6, Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague under file no. C 378369, and, if applicable, its successors. “Withdrawal Form” – means a sample form of the withdrawal from the contract by the Consumer.
- PROVISION OF COACHING SERVICES
3.1. The Coaching Sessions shall be purchased at the booking system on the Platform by the Client directly. When purchasing the Coaching Sessions, the Client shall fill-in the name and surname of the Coached Person and their email address.
3.2. All Coaching Session bookings are subject to availability. Coaching Sessions are opened for booking until 24 hours in advance of the scheduled start time of the Coaching Session.
3.3. Having purchased the Coaching Session, the Client shall receive an email confirmation containing the receipt of the payment and details of the Coaching Sessions.
3.4. The Client or the Coached Person may reschedule the booked Coaching Session using the booking system on the Platform: (a) Rescheduling is available until 24 hours before the scheduled Coaching Session; (b) Coaching Sessions cancelled within 24 hours of the start of the scheduled Coaching Session are fully chargeable.
3.5. In case of a late arrival of the Coached Person to the Coaching Session, the unused time shall not be compensated nor reimbursed.
3.6. If the Coaching Session does not take place due to technical issues on the side of the Coach, the Coached Person shall be compensated with an alternative Coaching Session.
3.7. If the Coaching Session does not take place due to technical issues on the side of the Coached Person, the Coaching Session shall not be compensated nor reimbursed, unless agreed otherwise with the Provider.
3.8. Client as a Consumer has a right to withdraw from the contract within fourteen days from the day following the day of conclusion of the contract. The Withdrawal Form must be delivered to the Provider within the abovementioned period.
- OTHER RIGHTS AND OBLIGATIONS
4.1. The Client and the Coached Person is obliged, to the extent applicable to them, in particular, but not exclusively: (a) to adhere to the contract, the Terms and Conditions, principles of coaching and principles of decent behaviour; (b) to provide the Provider and/or the Coach with all necessary cooperation for the appropriate provision of Coaching Sessions; (c) to follow and to respect the instructions of the Provider and/or of the Coach; (d) to refrain from any activities that would disrupt functioning of the provision of Coaching Sessions.
4.2. If the Coached Person differs from the Client, the Client acknowledges their responsibility for the selection of a Coached Person. The Client shall make certain that the Coached Person familiarized themselves with these Terms and Conditions and with principles of coaching. The Client acknowledges and agrees that they assume all responsibility for the behaviour of Coached Persons.
4.3. It is forbidden to take any photographs, screenshots or videos of the Coaching Sessions, unless given a prior written consent of the Provider and of the persons whose appearance and/or personal data is taken/enregistered.
4.4. The Provider is obliged to maintain the Platform in such a condition that it facilitates the provision of coaching services.
- OTHER ARRANGEMENTS
5.1. The Client and the Coached Person acknowledge that the Platform may not be available continuously, especially, but not exclusively, with regard to the necessary maintenance of third-party hardware and software equipment of the Provider.
5.2. The Client and the Coached Person expressly acknowledge and agree that to the extent permissible by law, the Provider does not bear any responsibility, in particular, but not exclusively for: (a) act or omission of the third parties and/or legal events, that prevent or delay the provision of a Coaching Session to the Client (e.g. electricity blackout, internet connection failure, etc.); (b) damage and/or nonpecuniary damage caused by the actions of Coaches; (c) loss of revenue, business opportunities, profits, and other related losses arising from the acts or omissions of the Coach.
5.3. The Client undertakes to compensate all damage and nonpecuniary damage pursuant to the provision of Section 2894 and following of the Civil Code and/or in accordance with other relevant legal regulation, incurred by the Provider as a result of a breach of the Terms and Conditions.
5.4. The Client and the Provider agree that the termination of the contract for any reason does not affect the amount and duration of: (a) claims for damage and nonpecuniary damage caused by the breach of obligations established by the contract and/or by the Terms and Conditions; (b) claims for any overdue payments, including the payment of interest on late payments; (c) agreements on the limitation of compensation of damage and nonpecuniary damage of the Provider.
5.5. Unless otherwise stated in the contract and/or the Terms and Conditions, any claim, enforcement, transmission of communications, information, call etc. under the contract must be made in writing and delivered via email, by mail and/or personally to the relevant address. A communication to the Provider shall be sent to the following e-mail address: [email protected].
5.6. The Client and the Provider have agreed that all information they have communicated in the framework of concluding and performing the contract, as well as information forming its content and information that they will communicate or they otherwise result from performance of the contract, will remain confidential at their will.
5.7. In the event that the Client considers that the services were provided to them or to the Coached Person with defects, the Client shall notify the Provider immediately. The Provider shall review the complaint and notify the Client of the result within fifteen days from the date of submission of the complaint via email. If the Provider acknowledges that the complaint was justified, the Provider will offer the Client an alternative Coaching Session or a refund.
- APPLICABLE LAW AND SETTLEMENT OF DISPUTES
6.1. All legal relationships established on the basis of the contract are governed by the law of the Czech Republic, in particular, the relevant provisions of the Civil Code, unless they are excluded by the will of the Client and the Provider. In the event that the Client fulfils the attribute of an international element, the Client and the Provider have agreed that the applicable law is the law of the Czech Republic.
6.2. In the event of a consumer dispute arising from the contract, which cannot be settled by mutual agreement, the consumer may apply for an out-of-court settlement of the dispute to the designated authority for out-of-court consumer disputes, which is The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with registered office at Štěpánská 15, 120 00 Prague 2, Czech Republic, e-mail address: [email protected], website: adr.coi.cz. The consumer can also use the online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
- FINAL PROVISIONS
7.1. The contract and the Terms and Conditions constitute a complete agreement of the Client and the Provider regarding its subject and replace any and all previous verbal and/or written contracts, agreements, promises, web presentations and/or agreements between the Client and the Provider concerning the subject of the contract. The Client and the Provider agree that the contract is not interdependent on other contracts that have been concluded together with the contract or will be concluded between the Client and the Provider in the future. The Client further hereby declares and acknowledges that they have not relied on any data, guarantees, motives or promises made by the Provider other than incorporated in the contract and the Terms and Conditions.
7.2. Any change to the contract or its modification can only be made by written agreement between the Client and the Provider (in particular email communication), unless the contract and/or the Terms and Conditions stipulate otherwise.
7.3. The Client and the Provider agree that without the express prior written consent of the Provider, the Client is not entitled to offset any of their receivables against a receivable of the Provider arising from the contract and/or other contract concluded by the Client and the Provider in connection with and/or in consequences of the contract in the future.
7.4. If any provision of the contract or the Terms and Conditions becomes invalid, ineffective, and/or unenforceable, the validity, the effectiveness and/or enforceability of other provisions of the contract or the Terms and Conditions remains unaffected. In this case the invalid, ineffective and unenforceable provision shall be replaced by a provision which, by its purpose and nature, is closest to the invalid, ineffective and unenforceable provision of the contract or the Terms and Conditions.
7.5. The concluded contract is archived by the Provider for at least five years from its termination, but no longer than for the period according to the relevant legal regulations and for the purpose of its successful fulfilment and it is not accessible to third, not participating parties.
7.6. The Terms and Conditions are applicable from 17 May 2023.