Terms and Conditions
Last updated: January 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.ginaunterhalter.com website (the “Service”) operated by Empowered Coaching Limited (“us”, “we”, or “our”). These Terms and Conditions also incorporate those terms and conditions which are set out in the Coaching Agreement, the terms of which you should also read carefully.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Empowered Coaching Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Empowered Coaching Limited cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. The terms and conditions of any other “Promotions” are independent of this agreement.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Gina Unterhalter and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gina Unterhalter for and on behalf of Empowered Coaching Limited.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Gina Unterhalter.
Gina Unterhalter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gian Unterhalter 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Empowered Coaching Limited (and Gina Unterhalter) and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Empowered Coaching Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Empowered Coaching Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Empowered Coaching Limited and/or Gina Unterhalter ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Empowered Coaching Limited and/or Gina Unterhalter or any person for whom Empowered Coaching Limited and/or Gina Unterhalter is responsible, and even if Empowered Coaching Limited and/or Gina Unterhalter has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Refunds Policy
We do not accept returns or refunds.
Contact
Please feel free to get in touch with Gina Unterhalter by emailing: info@ginaunterhalter.com
Coaching Agreement
Last updated: January 2022
Congratulations on taking this major step towards your growth and success! I sense your strong commitment and desire to be the best version of you that you can be. During the term, we will collaborate to work on your professional and personal goals. As your Coach, I’ll be working with you as your strategic and thought partner. Based on your goals, I will ask questions, reflect insight, provide feedback and hold you accountable to help you make your own choices and achieve your vision. I’m confident, that together, we can work on achieving your goals.
This Coaching Agreement (the “Agreement”) is entered into between Empowered Coaching Limited (the “Coach” or “Company”) and you (“YOU” or “Client”) for the purpose of Company providing professional development and coaching services to YOU in an effort to achieve your goals. The parties together are hereinafter known as the “Parties”.
In consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the programme.
Agree to be Bound. By submitting payment (whether in full or in instalments) you are signing this agreement and you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement, which includes keeping commitments and being on time for sessions.
Authorization of Payment. By making your initial payment and/or by signing below, you authorize Company to charge your credit card, cash your cheque, or initiate payment via PayPal. Or, as agreed with the Coach, you agree to make payment by bank transfer to the Company bank account as notified to you by the Coach.
You are responsible for payment of the entire fee amount, regardless of whether you attend all sessions, regardless of whether you have selected a pay in full or monthly payment plan and regardless of whether you decide to terminate the agreement prior to the conclusion of your coaching programme. By signing the agreement or by submitting payment you agree that, if, for any reason, you choose to cancel any part of the services, you are obligated to pay or continue to pay whatever balance is due. To further clarify, no refunds will be issued, and all scheduled payments must be paid when that payment is due.Modifications. From time to time the Company may modify this Agreement, and such modifications shall be effective upon posting, by the Company on the Company web site www.ginaunterhalter.com or via email with the subject line specifically stating “amendment to existing agreement” or similar language denoting the Agreement has been modified.
Termination for Unprofessionalism. We are committed to providing you with a positive and productive experience. By signing below or making payment, you agree that the Company, at its sole discretion, may limit, suspend, or terminate your right to participate in the programme if you become disruptive or difficult to work with, or fail to follow programme guidelines. For the avoidance of doubt, in such circumstances you shall still be liable to pay any outstanding instalments and no refunds shall be issued.
Cancelation. Coach has a 48-hour cancellation policy, which means Client may cancel or reschedule, but Client must notify Coach no later than 48 hours prior to scheduled consultation. If Client misses Client’s scheduled and predetermined coaching session, or is late for the coaching session, Coach will attempt in good faith to reschedule the missed meeting. If the meeting cannot be rescheduled that coaching session will be forfeited. Client also understands that any/all scheduled coaching calls or other benefits expire at the end of the term and will not be carried-over. It is important to note that your benefits/coaching sessions/services must be used during the term.
Term. The term of the agreement is considered effective from date of first payment for both online courses, programmes, packages, and payment plans or that date which is specifically notified to You by the Coach in writing. The duration of the agreement is that which is advertised on the appropriate course, programme or package web page, corresponding payment form or that which is specifically notified to you by the Coach in writing. All services must be performed during the term, or they are lost. There are no roll-overs. services may be extended beyond the term only with the express written consent of Coach.
Confidentiality. The Parties agree that whatever is discussed during the coaching sessions including without limitation all communications, materials and exercises provided to you are strictly confidential. Further, the Coach respects your confidential and proprietary information, which is any information you specifically state is “Confidential.” The parties agree that the terms of this Agreement are strictly confidential. Any coaching materials provided to you remain the sole property and proprietary information/intellectual property of the Company and shall only be used by you as directed by the Coach and you agree not to distribute or share these materials.
No Guarantees. Company has made every effort to accurately represent the benefits you will receive through coaching. That being said, there are no guarantees regarding any result or benefit to be received by. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business / career / personal life, desire and motivation.
Disclaimer. Company is a coach and not qualified to provide legal, tax, accounting, financial wealth management, or medical advice. It is your responsibility to secure assistance from the appropriately qualified professional if such advice is needed.
Governing Law. This Agreement and performance hereunder shall be governed by the laws of the United Kingdom.
Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, pandemic or epidemic, strike, fire, flood, or other natural disaster, war embargo, or riot, cyber-attack, sickness, provided that the delayed immediately notifies the other party of such delay. The terms of this clause shall not exempt the parties from their obligations hereunder (including, but not limited to, your agreement to pay an fee or instalment payments due), but merely suspend their duty to perform, until the force majeure condition ceases to exist.
No Partnership. Nothing in this Agreement is meant to suggest a partnership, venture alliance, security interest, or employer relationship.
Waiver. The waiver or failure of Company to exercise any obligation under this Agreement shall not be deemed a waiver of any further right.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way
Entire Agreement. This Agreement is the entire agreement and understanding between the Parties and supersedes any prior agreement or understanding whether oral or written relating to this Agreement.
Signed By:
Gina Unterhalter
for and on behalf of Empowered Coaching Limited