Terms & Conditions:
Website and Coaching Agreement
1. Subject matter
This document sets out the Terms of Use of my website www.mindfulinaction.com and all offered Coaching Services and applies to anyone who accesses or uses the site and books a coaching session. This Agreement regulates all relations between:
www.mindfulinaction.com (referred to hereafter as Website) and the visitors/customer regarding the use of Website under the URL www.mindfulinaction.com.
Please read these Terms & Conditions carefully before using the Website and booking a Coaching service. These Terms & Conditions (collectively, with Website's Privacy Policy) apply to all users of the Website. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms & Conditions and you agree to be bound by these Terms & Conditions on behalf of such organization.
Buying or using my products or services implies that the user/customer has both read and accepted these Terms & Conditions. The Website's owner reserves the right to change or modify current Terms & Conditions without prior notice.
2. PRODUCST
The Website offers access to:
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a) Individual Coaching Services (coaching)
b) Online self-guide courses
c) Articles and Posts written and created by Barbara Januszewska
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a) Coaching service agreement
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Description of Coaching: Coaching is 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.
1) Coach-Client Relationship
Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.
Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. Unused coaching hours are not refundable and can be used at later time.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
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 program.
2) Procedure
The time of the coaching meetings and/or location will be determined by Coach and Client based on chosen coaching option (see section Coaching options of the Website) and online Booking or a mutually agreed time. The Client will join all scheduled calls by using provided Zoom call link.
3) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
4) Session Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting if the Client will fail to do so. Coach will attempt in good faith to reschedule the missed meeting.
5) Record Retention Policy
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to
documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (OneDrive) for a period of 1 year or shorter in case of Client’s request.
6) Termination
Either the Client or the Coach may terminate the Agreement at any time with 1 week written notice.
Unused coaching hours are not refundable and can be used at later time.
7) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
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b) Online self-guide courses and published Articles and Posts
Copyright: Our Licence to You
With entering the website and purchase of the online Self-Guide products we grant you a limited, personal, non-exclusive, non-transferable, and revocable licence right to use the service. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by the website administrator of Mindful In Action Personal & Career Transformation Coaching, and you will not share access to your account or access information for your account with any third party. Using our services does not grant you ownership of or any intellectual property rights in our services or the content you access.
Commercial Use
Any use of our services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with Centre of Excellence.
Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of our services being suspended, disabled, or terminated.
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Refunds
The purchase of the Online Self-guides is non refundable.
We are also not liable or responsible to issue any refunds for any purchases made via a third party, and these should instead be referred to the policy of the organisation purchased from.
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4. PAYMENTS
Payments may be completed online through Paypal or Wix.com, Inc. payment system. I do not store or share any personal information associated with a payment (like Credit Card number, owner or expiration date). Some payment information are stored in Paypal or Wix account as part of transaction history.
Payment via Paypal
If you choose payment option Paypal, their system will collect your payment data necessary for successful payment. Please refer to Paypal website for details about their terms and conditions and data processing and storage: https://www.paypal.com/ie/home
Payment via Wix.com, Inc. (in partnership with Stripe)
If you choose payment option via Wix.com, Inc. (Stripe) card payment, their system will collect your payment data necessary for successful payment. Please refer to Wix and Stripe website for details about their terms and conditions and data processing and storage:
https://www.wix.com/about/terms-of-payments
https://stripe.com/en-ie/privacy
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5. CONTACT
Contact from me
In the course of providing you with the best experience and quality of your purchase process, I may need to communicate with you via email or the other details that you have submitted to me. You agree to receive emails which are specific to your query and necessary for the normal functioning of the Website, including emails which help inform users about functionality of the Website.
For more information about the terms and conditions, if you have questions, or if you would like to make a complaint, please contact me by e-mail at barbara@mindfulinaction.com
6. PRIVACY AND COOKIE POLICIES
Your privacy is important to me. Please review the Website's Privacy Policy to see how we collect, protect, process and use your personal data.
The website uses cookies and by using the Website you agree to the placement of cookies. Information about the cookies I use and how to manage them is included in the Privacy Policy.
Any external links to other websites are clearly identifiable as such, and I'm not responsible for the content or the privacy or cookie policies of these other websites.