Website Terms
https://www.behnazvala.com – General Terms and Conditions of Service and Terms of Use (the “Terms” - updated April 23, 2024.
1. Introduction
Welcome to my website https://www.behnazvala.com (the “Website”)! This webpage contains (1) the general terms and conditions under which I provide services and perform legal transactions with both consumers (natural persons) and businesses (legal persons), but also (2) your rights and obligations in respect to your use of:
(a) the Website,
(b) any sub-domain of the Website,
(c) any digital collaboration platforms that I use in the delivery of services (e.g. zoom.com, etc.)
(d) all social media profiles and pages associated tO the brand “Behnaz Vala Coaching” (including but not limited to Facebook, Instagram, Pinterest, LinkedIn, my podcast streamed through Spotify, Apple Podcasts, Amazon Music, etc.) from time to time,
and where a reference to the Website is made in these terms, it shall include all of the (a) to (c) above.
This Website is owned and operated by Behnaz Vala Coaching (hereinafter the “Provider”, “I” or “me”), which is the brand name of:
Mrs. Behnaz Valamotamed, with office address at Wellinghofer Str. 15, 44263, Dortmund, Federal Republic of Germany, currently pending registration as a trade (in German: “Gewerbe”) in accordance with the laws of the Federal Republic of Germany.
Responsible authority (“Zuständige Aufsichtsbehörde”):
You can connect with me through my social media platforms and contact me at hi@behnazvala.com.
I am a service provider of coaching and ancillary services. Coaching is not a regulated profession in Germany! It is important that you understand what this means in terms of the services that you acquire from me, and the legal protections available to you under the applicable law. I have explained this generally throughout the Terms and, more specifically, in Section 7 – General Information On Coaching herein. As a service beneficiary, and more specifically, as a consumer within the European Union, you benefit from certain rights and legal protections as provided by European Union law and National law.
When visiting my website, in search for a service that I can offer you, or interested in learning more about me, you are a “User” of our website.
When you request a service on my Website and I confirm your order, as I explain in more detail in Section 9 – Service Delivery - you become my “Client”, entering into a distance contract with me i.e. concluded through electronic means of communication.
Legal transactions can take place in person, by post, via messenger, by email, in an initial consultation, via the Website, a program or a course.
I provide coaching and ancillary services in the English language exclusively and all clients (whether consumers or businesses) contracting with me seek and request English language services. Therefore, the language available for concluding the contract with me is exclusively English. The English text takes precedence in the event of any differences in language usage or legal terms.
By accessing, visiting, surfing, registering on, or otherwise using or engaging with my website (hereinafter “use”, “using”, “usage”), either as a visitor, guest user, or client, you agree to the general terms and conditions of service and to the terms of use of Website contained herein. They constitute the entire agreement between yourself, as user (hereinafter also “you”), on the one side, and me, as provider, on the other. This includes any changes, additions, amendments of these Terms from time to time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Website, and by continuing to use the Website, you agree to any changes.
IF YOU DO NOT UNDERSTAND AND AGREE WITH ANY/ALL OF THESE TERMS, DO NOT USE THE WEBSITE, DO NOT REGISTER ON MY WEBSITE, DO NOT OPEN AN ACCOUNT ON MY WEBSITE, DO NOT PLACE AN ORDER ON MY WEBSITE AND DO NOT PURCHASE MY PRODUCTS AND/OR SERVICES FROM ME!
2. Privacy
2.1. Please carefully read and consider our Privacy Notice and Cookie Policy, which can be found here https://behnazvala.com/privacynotice for information on Behnaz Vala Coaching’s data collection practices, and tracking devices policy (cookies), and any/all other notices, policies from time to time posted on our website or otherwise communicated to you, before using our website. They constitute an integral part of this agreement between you and me and together with these terms and conditions and any/all other notices, policies posted on my website or otherwise communicated to you, and any amendments thereof shall hereinafter be referred to as the “Terms”.
3. Terms of Use
3.1. To fully utilize the website, you represent, warrant and covenant that:
3.1.1. You are 18 years of age and/or of full capacity to contract.
3.1.2. You are only using the website for your own personal use or as a person with appropriate authority on behalf of a legal entity.
3.1.3. You comply with all applicable laws, rules and regulations.
3.1.4. You adhere to all our published terms then in effect.
3.1.5. You understand, accept and agree that all communications with us will be conducted online or remotely (e.g. through another online platform, e-mail, telephone, etc.), as the online medium is of the essence of our website.
3.1.6. You are responsible for ensuring that all persons who use our website through your internet connection are aware of these terms and that they comply with them.
3.1.7. It is strictly prohibited to use the website in an abusive manner. An “abusive” use of the website is any use in a manner or way which is against custom commercial practices, applicable laws, rules and regulations, and in any other way which may prejudice us or our affiliates or partners.
3.1.8. You will not:
(i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the website or any software, documentation or data related to the website (“Software”);
(ii) modify, translate, or create derivative works based on the website or any Software (except to the extent expressly permitted by us or authorized within the website);
(iii) use the website for the benefit of a third party;
(iv) introduce or permit the introduction of any virus into our IT systems;
(v) access all or any part of our website in order to build a product or service which competes with us; or
(vi) remove any proprietary notices or labels.
4. Content on Website
4.1. (i) Any/all content or information included, made available or communicated by us, through any means, and in any part of the world, written or oral, including but not limited to text, published materials, presentations, document creation flow, drafts, templates, procedures, work flows, sound, audio clips, graphics, page headers and footers, user interfaces, visual interfaces, image (static or dynamic), logos, artwork, buttons, icons, scripts, service names, digital downloads, data compilations, features, functionality, customization, computer code, software, applications, inventions or other technology, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Website,
(ii) As well as the compilation of any of the above, and
(iii) As well as any enhancement, improvement, or modification of any of the above, from time to time, and
(iv) Any/all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, registered or not, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world, and any/all intellectual property rights related to any of the foregoing, included, made available or communicated by us, through any means, and in any part of the world,
hereinafter all of the above being referred to as “Behnaz Vala Intellectual Property Rights”,
are and shall remain the sole and exclusive property of Behnaz Vala or its licensors, as the case may be.
4.2. You will have no rights or claims regarding Behnaz Vala Intellectual Property Rights.
4.3. You shall not act in any way that could infringe the Behnaz Vala Intellectual Property Rights.
4.4. You shall not use in your activity any Behnaz Vala Intellectual Property similar or identical to Behnaz Vala Intellectual Property Rights, either as part of a name or in any other way.
4.5. You shall not, without our prior written express consent, copy, extract and/or re-utilize all or any part of Behnaz Vala Intellectual Property Rights.
5. License
5.1. Subject to your compliance with these Terms, Behnaz Vala or its licensors grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and use, for personal and non-commercial purposes only, any Behnaz Vala Intellectual Property Rights. This License does not include any resale or commercial use of the Website.
5.2. No content included on the Website may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
5.3. You may not misuse in any way the Website. You may use the website only as permitted by law. The licenses to use the Website granted by us hereunder shall terminate with immediate effect and without any further notice being required, if you do not comply with these Terms.
6. User-generated Content
6.1. As a service provider, we are responsible for our own content on the website in accordance with general laws as per Section 7 paragraph 1 TMG. However, according to Sections 8 -10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with the law, upon being informed or notified of such illegal content, remain unaffected. However, I will not be liable in any way for this content, including, but not limited to, errors or omissions or for any material or moral, direct or indirect harm that has been posted, emailed or transmitted, through socialization or made public in any other way through the website or in any other context.
6.2. All content (text, audio, photo, video, etc.) that you post to the Website (including but not limited to services reviews, messages sent, social media posts you tag, social media shares, comments left on social media, etc.), is the sole responsibility of the person who created such content.
6.3. Although we do not routinely monitor content posted by users, we reserve the right to do so and remove content that violates these Terms or applicable laws of which we are made aware, but we have no obligation to do so.
6.4. In the event that, we are held liable for the content posted by users on the Website, we reserve the right to immediately remove such content and to sue the user in question for full compensation for the damage suffered.
6.5. Any use or reliance on any content or materials posted through the website or obtained by you through the website is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to immediately remove such content from the website without your consent or giving prior notice.
6.6. We do not encourage, support, represent or warrant in any way the accuracy of the content or users on existing content through the website, they are solely responsible for such content.
6.7. By using the website, you understand and agree that you may be exposed to content that may be defamatory, derogatory, inaccurate or inappropriate, or that in some cases there may be misleading posts.
6.8. You shall not use the website:
6.8.1. in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction.
6.8.2. for any purpose not permitted by these Terms.
6.8.3. in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights.
6.8.4. to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind, including with respect to competitors, potential competitors, etc ..
6.8.5. in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor.
6.8.6. in any way that, whether intentional or not, promotes or incites racism, violence, hatred or physical or moral harm of any kind.
6.8.7. in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit.
6.8.8. post photos or pictures of another person without their permission (and if they are a minor, with the permission of the minor's legal guardian).
6.8.9. to promote activities that are illegal or in any way conducive to the encouragement, acquisition or pursuit of any illicit or criminal activity or that may cause harm, suffering or distress to any person;
6.8.10. access, manipulate, damage or use non-public areas of our company's Services, IT systems, servers or equipment or our technical delivery systems.
6.8.11. access or attempt to access the data of other users or penetrate, access, penetrate any of the security measures related to the Products or probe, scan or test the vulnerability of any system or network or infringe or avoid any security or authentication measures.
6.8.12. in any way that, intentionally or unintentionally, misleads or misleads another user or visitor of the website.
6.8.13. introduce any malware, virus or other malicious software that harms or interferes with the operation of the website, including, but not limited to, cancelbots, denial of services, time bombs, worms, Trojans, viruses or any other malicious software or hardware.
6.8.14. interfere with or obstruct (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailing services or writing scripts that create content so as to interfere with or create an unjustified burden on services.
6.8.15. copy, modify or distribute the content of other users without their consent.
6.8.16. for commercial purposes other than those expressly permitted in these Terms.
6.8.17. circumvent the measures used to prevent or restrict access to the website.
6.8.18. to request or provide illegal services.
6.8.19. collect information about other users or visitors without their consent.
6.8.20. gain unauthorized access to the website, the server on which the website is stored, or any server, computer, or database connected to the website.
6.8.21. falsify any TCP / IP packet header or any part of the header information in any e-mail or post, or in any way use the Products to send altered, misleading or false source information.
6.8.22. scrape, crawl or store or otherwise use the website or any content for phishing, spam, trolling or any unauthorized (commercial) purpose; or
6.8.23. to promote or support or solicit involvement in any other political, religious (recognized as organized or unorganized), cult or sect, platform, or cause of any kind.
7. General Information on Coaching and Ancillary Services provided or promoted through the Website
7.1. I provide mindset coaching services to private individuals and organizations, including but not limited to 1:1 (individual) coaching engagements, and group coaching, workshops, programs, but also ancillary services, including but not limited to teaching, trainings, meditations (through live or pre-recorded sessions), through online/remote channels, face-to-face or combined methods, to clients worldwide, through the channels communicated to my clients, from time to time.
7.1.1. In the case of the provision of Services, please bear in mind that you are solely responsible for the information and documents communicated or transmitted in any way and/or through any means to us.
7.2. Services that I provide to you are customized according to the details you provide to me and cannot be passed on to any third party. Any decision you make based on the Services provided by me, including through my blog, is wholly yours and I am not liable for any damages, direct or indirect, fines or any other fees or penalties which you may later incur.
7.3. Please note that the transmission of requests for information or advice through the Website, in the absence of payment, does not bind me in any way or oblige me to provide you with an answer. I reserve the right, in my sole discretion, to choose to respond to certain requests in writing, orally or through articles, while respecting your privacy.
7.4. I will not be liable for any damages, direct or indirect, arising out of the failure to provide me with all the data, failure to provide it in a timely manner or the fact that the information submitted is erroneous or incomplete.
8. Nature & Scope of the Client – Coach Relationship
8.1. The following terms and conditions apply in relation to our Client – Coach relationship, where such Services are requested from me, and we agree to enter into and sign a coaching service contract:
8.2. The coaching relationship that is created with you as client is construed as a partnership between me/ the coach and you/the client, in a thought-provoking process, spread out through a pre-determined period of time/no.of sessions, typically as part of a coaching program, designed to inspire you to maximize personal goals. The coaching program is designed to facilitate the creation/development of personal goals and to develop and carry out a plan for you to achieve those goals.
8.3. I provide the coaching programs, and in doing so I act diligently, with a reasonable amount of care that is required from a professional acting in such capacity. Coaching is not a regulated profession, and, as such, you do not benefit from any special protections under any special regulations applying to this category of services.
8.4. Being trained as a coach allows me, on my best judgment, on a case-by-case basis and from time to time to decide, in my sole and absolute discretion, which tools, methods and modalities, from the entire preparation and training I have completed, best suits you, your goals and objectives, at any given moment in time. It being clarified that I do not have a result obligation towards you, and do not guarantee or promise in any way that you will attain certain or any specific results.
8.5. In addition to any other rights as provided herein or by law, I have the full right and liberty to organize the coaching program, in accordance with my experience and expertise.
8.6. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with me. As such, by entering into a coaching service contract with me, you expressly agree that I am not and will not be liable for any action or inaction, or for any direct or indirect result of any services provided by me to you.
8.7. Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat mental disorder or medical disease.
8.8. Coaching does not involve the diagnosis or treatment of mental disorders as defined under German law or any pshychiatric body in Germany or any another country or jurisdiction, and participating in one or more of my programs or acquiring any of my services is not to be used as a substitute for counseling, psychotherapy, pyschoanalysis, mental health care, substance abuse treatment, or other professional advice for that matter, such as (but not limited to) financial, legal, medical or other qualified professional support and it is your sole and exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health care professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and Behnaz Vala Coaching.
8.9. In order to further the coaching relationship, you shall communicate honestly, be open to feedback and assistance and to create the time and energy to participate in the program as it is designed.
8.10. Participating in the Program is a comprehensive process that may involve different areas of your life, including health, well-being, work, finances, relationships, education and recreation. Deciding how to handle these and other issues that may arise during the Program, incorporating coaching principles into those areas and implementing choices is exclusively your responsibility.
8.11. Sessions begin and end on time, in honor of the Coach-Client commitment. You are responsible to join the conference call link provided by the Coach, on time. In case either party needs to cancel or reschedule a session, a notice period of 24 hours is required. If you cancel without the requisite notice or there is a delay of more than 10 minutes to join the session without prior notice (except for emergencies), it will be considered as a no-show and the session will be forfeited.
8.12. So that you receive maximum benefits from the coaching relationship, we recommend the following commitment from the Client:
8.12.1. Conducting all coaching calls from an environment in which you will be able to fully concentrate and focus (free from interruptions), with a stable internet/phone connection. This excludes coffee shops and car journeys! Privacy is important!
8.12.2. Committing to taking appropriate and necessary action to achieve the coaching objectives and agree to be fully present for the coaching and training experience. You take full responsibility for your outcomes and results and commit to maintaining an open and honest dialogue with me, as your coach.
8.12.3. Completing and communicating action items that you have committed to between sessions.
8.12.4. Communicating any concerns about the program or feedback immediately as they arise. If you believe that the coaching is not working as desired, you will communicate with me and we will take joint action to return the power to the coaching relationship.
9. Service Delivery
9.1. Services shall be delivered:
9.1.1. In the case of coaching services – online/remotely, face-to-face or a combination thereof, through the platforms and/or channels as communicated to you, from time to time, and which shall be specified in your contract.
9.1.2. In the case of any leaflet, free content available for download on my website, events which require registration - in electronic format, by providing you with a code, a download link or other method that I provide and that I will communicate to you by e-mail or through other means.
9.2. All offers on the internet (i.e. on the website) are non-binding and do not represent a legally binding offer to conclude a contract. A services contract is concluded when (1) you offer me a binding contract by booking my services or placing an order on my website and (2) I accept your offer/order by sending you a confirmation email and (3) you pay the price or deposit required. The delivery will be made after full payment of the digital products or services, as applicable (courses, meditations, bonuses, etc.).
9.3. Please check constantly in your inbox as well as in the SPAM / JUNK / other / promotions / updates folders, depending on the email client you use.
9.4. The download link will be valid only at the moment of registration or of the payment confirmation, by e-mail, as the case may be. If you do not immediately download the product, you will not be able to access it later, unless you go again through the registration process. It is very important that you enter a valid email address when placing your order, which you currently use, as this is where you will receive all the details.
9.5. In some cases, delivery of the services may entail the download of a certain software or application, for a fee or free of charge, depending on the conditions applicable to your order, which will be communicated to you before the completion of your order. If necessary, I will inform you about the available delivery methods and you will be able to choose one of these methods before completing your order.
9.6. I reserve the right to delay or cancel any delivery if this cannot be honoured for reasons beyond my control, which include but are not limited to Events of Force Majeure, as further defined herein.
10. Right of Withdrawal for Consumers. General Rights of Withdrawal for Businesses
10.1. Please note that the services on my website are services for which the law does not require me to offer a right of withdrawal and, implicitly, the return of any amounts of money already paid.
10.2. My services include:
10.2.1. digital licenses (username and/or password access, or other personal registration details required) – e.g. for pre-recorded courses, trainings, meditation sessions, coaching sessions, leaflets, etc.
10.2.2. electronic documents – e.g. workbooks, teaching materials, etc.;
10.2.3. services for which you expressly agree that the amounts paid will not be refunded (e.g. coaching program, access to private community, etc.),
delivery being deemed completed at the time of payment in exchange for access, in the case of Sections 10.2.1 and 10.2.2 above, and at the time of performance of services in the case of Section 10.2.3 above.
10.3. In exceptional cases, I may decide, in my sole discretion, to reimburse certain amounts (total or partial) on a case-by-case basis, in accordance with our commercial policy, but this shall not in any way be construed as an obligation on my side or be conducive to any liability whatsoever on my side.
11. Fee & Payments
11.1. The fees for the services are those displayed on the website or communicated to you at the time of completing an order, by submitting a proposal to you.
11.2. The fees are expressed in Euros, and are exclusive of:
11.2.1. any VAT which may be due and payable according to the applicable legislation in force.
11.2.2. Any third-party fees or costs, which may be necessary in the performance of the services you have requested and acquired from me, and which shall be due and payable in addition to my fees, in order to deliver the services to you.
11.2.3. any shipping or delivery charges, unless expressly stated at the time the order is completed.
11.3. I retain the right to update the fees for any services I offer at any time, and such update will replace any fees previously displayed or communicated for those services.
11.4. For those services for which I cannot indicate in advance the price and / or, as the case may be, all additional costs of transport or delivery, I will contact you via e-mail.
11.5. I will issue you an invoice for the Services purchased / delivered, your obligation being to provide me with all the necessary information according to the legislation in force for us to issue the invoice - please pay special attention when entering the data, because I will not be able to modify the data from the proforma / fiscal invoices issued.
11.6. The invoice amount is due immediately upon receipt of the invoice and must be paid to me immediately. Access to the ordered services is dependent upon prior receipt of payment from you. As soon as I have received payment/the deposit and after my account is debited with the related amount, I will proceed to issue the fiscal invoice. If you do not transfer the money within 3 calendar days, I will cancel your order and, if you wish, you will need to place a new order, in which case the prices may differ.
11.7. As a general rule, I will send you the invoice for the order for services performed / delivered either in material format (on paper), or in electronic format, by e-mail, on which we encourage you to check regularly (it is also possible that our messages end up in the SPAM / JUNK folder, so please check there as well).
11.8. In the case of online payments, I am not and cannot be held responsible for any other costs incurred by you in addition to the price of the services including, but not limited to, bank transfer or currency conversion fees charged by the bank or card issuer, if the bank account / card issuing currency differs from the currency in which the transaction is made.
11.9. In the case of services with a recurring monthly payment (such as subscription, membership services, etc.), you agree from the outset that we may withdraw a monthly amount indicated at the time of placing the order. If you no longer wish to take advantage of these options, you may opt out of your subscription at any time. Please note that any amounts previously paid will not be refunded.
11.10. You are fully responsible for any payment made in error, by mistake or made without exercising a right of withdrawal from our services (as in the case of recurring monthly payments). In these situations, we will not return the amounts of money already paid, being solely responsible for these payments.
11.11. You are not entitled to assert or set off a right of retention against any payment claims, unless these are undisputed or stated counterclaims.
11.12. If a SEPA direct debit mandate you have given is cancelled without legal ground, you shall be liable, in addition to any bank fees for return of direct debit, to pay any legal advice or legal or enforcement fees. Additionally, please be informed that such a behaviour on your part may also have criminal consequences.
11.13. If you default on payment or are otherwise in default, I am entitled to refuse delivery of service until all due payments have been settled. I am entitled to withhold, interrupt, suspend, delay or completely discontinue services without being obliged to compensate for any damage that may arise. These rights apply without prejudice to any other contractually agreed or statutory rights and claims I may have.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1. I do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the Website by any user, visitor, information provider or any other person or entity. You acknowledge that any reliance on any such advice, opinion, statement, or other information shall be at your own risk.
12.2. I am not liable for any damages caused to you as a user or to any third party as a result of our fulfillment of any of our obligations under the Terms or for damages resulting from improper use of the website.
12.3. I am not responsible for any damage caused by any technical malfunctions of the website (e.g., inability to access any link on the website).
12.4. I do not exclude or limit in any way my liability to you where it would be unlawful to do so.
12.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY, I AND MY OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AGENTS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY:
12.5.1. FOR USE OF THE WEBSITE OR FOR ERROR OR INTERRUPTION OF USE OF THE WEBSITE.
12.5.2. FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS.
12.5.3. FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
12.5.4. FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.
12.6. EXCEPT AS EXPRESSLY PROVIDED HEREIN, I MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND I SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MY SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. I SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF MY WEBSITE COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S). YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ME WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
12.7. You agree to bring any claim (including negligence) in connection with any of the Services only against me, and not against any individual, however described.
13. Point of Contact and Complaints Procedure
13.1. You can contact us at the [hello@behnazvala.com] in the "Contact" section of the website for any questions or concerns you may have.
13.2. I hope that most matters can be resolved directly between us. However, I appreciate that some matters sometimes require further escalation. That is what this section is for.
13.3. Should you find that you need to make a complaint, please write an email addressed to hi@behnazvala.com Enter the subject line: “I have a complaint” and add your name (or the account that complaint relates to on the platform). In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team. After you send your complaint email, you will receive an acknowledgement email from me within 5 business days. I will respond within a few days (no later than 30 days from your acknowledgement email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.
13.4. Please note that I am not obliged to respond to requests for information and advice received through the website in the absence of payment of the value of those services.
14. Applicable Law and Dispute Resolution
14.1. This document represents a legal contract concluded on distance, accepted by simply clicking on it and it is subject to the law of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods applicable in the Federal Republic of Germany.
14.2. In the event that you are a consumer, and you have your habitual residence in a Member State of the European Union, German law applies, although mandatory law provisions of your state of habitual residence remain unaffected.
14.3. We will all try to resolve amicably any disputes or misunderstandings that may arise. To the extent that amicable settlement will not be possible, disputes shall be settled by the competent German courts, which shall have exclusive jurisdiction.
14.4. Details of alternative dispute resolution methods are available here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
15. Force Majeure
15.1. Neither I, nor you shall be liable for non-performance of our respective obligations, if such failure to timely or properly perform is due, in whole or in part, to a force majeure event.
15.2. In these terms “Force Majeure Event” shall mean an event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.
15.3. In case of a Force Majeure event, our obligations shall be suspended.
15.4. If within 30 (thirty) days from the date of the occurrence of the force majeure event, the event does not cease, either us or you will have the right to notify the other party of the full termination of the Contract without any of them being to claim any damages.
16. Miscellaneous
16.1. These Terms and our Privacy Notice and Cookie Policy constitute the entire agreement with respect to access to and use of the services and website. My obligations, if any, with regard to my website are governed solely by the agreements pursuant to which they are provided and nothing on my website should be construed to alter such agreements, unless I explicitly state I am acting or allowing you to act contrary to these Terms.
16.2. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to me, for which monetary damages would be inadequate, and you consent to me obtaining any injunctive or equitable relief that I deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies I may have at law or in equity. The failure by me to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
16.3. If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
16.4. Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.
16.5. No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
16.6. All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
16.7. I may change this document at certain intervals, and I will decide which is the best way to notify users (pop-up, push notification, e-mail, etc.). the version of these Terms valid at the time of booking applies. The prices at the time of booking apply. I therefore recommend that you visit this page to always read the latest version.