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 [email protected].
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
4. Content on 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
6. User-generated Content
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
8. Nature & Scope of the Client – Coach Relationship
9. Service Delivery
10. Right of Withdrawal for Consumers. General Rights of Withdrawal for Businesses
11. Fee & Payments
12. DISCLAIMERS AND LIMITATION OF LIABILITY
13. Point of Contact and Complaints Procedure
14. Applicable Law and Dispute Resolution
15. Force Majeure
16. Miscellaneous