A. Present GTC form an integral part of the contract concluded by and between Coaching & Change Management Treso, a company registered in Switzerland, with registration number CHE-315.058.837, and whose registered address is in Saint-Louis Strasse 24 CH-4056 Basel, Switzerland (the “Service Provider”) and the user of www.holinstinct.net website (hereinafter referred to as: the “Website”) and/or Holinstinct Application (hereinafter referred to as: the “Application”, “Website” and “Application” together hereinafter referred to as: “Tools”, any of them hereinafter referred to as “Tool”) and contains the terms and conditions of using the services available on either of the Tools by the user (hereinafter referred to as: “User”) and provided by the Service Provider (hereinafter referred to as: “Service” or “Services”).
B. The primary purpose of the Service is to create and maintain a trusted guide, which empowers professionals, leaders and individuals generally to master stress, build resilience, and transform their lifestyles for a more successful life, helping the User to achieve the balance, clarity, and fulfilment needed to thrive both personally and professionally.
C. The contract is not considered a written contract therefore it is not filed by the Service Provider and is not accessible afterwards. All information related to the operation of the Tools is part of the contract and is binding for all Users.
D. The Website may contain links to websites operated by third parties. In case the Service Provider becomes aware that the linked page or linking violates the rights of third parties or applicable laws, the link will be immediately removed from the Website. In addition, the Service Provider does not assume any responsibility for the content of links made available on the Website and does not check their content. The policies and conditions published within the framework of the given website and/or applications apply to the services of these websites and/or applications other than the Website. The Service Provider takes no responsibility for the content and operation of websites and/or applications operated by third parties unless the third party is considered a supplier of the Service Provider based on a contract between them.
I. Supply of Services
1. The use of certain Services is subject to registration, for which registration the User’s name, chosen username, password and e-mail address shall be entered. The terms and conditions regarding the handling of personal data obtained by the Service Provider during registration and the use of the Services are contained in the Privacy Policy, which is available at the following link: https://holinstinct.net/privacy-policy/.
2. By registering on either of the Tools the User authorises the Service Provider to contact the User using the contact details provided by the User during the registration and that the name, address, e-mail address, company’s data, if any, as well as the billing address of the User may be forwarded to the subcontractor for the sole purpose of fulfilling the User’s order.
3. The Service Provider uses the Website, the Application and/or the Creator Platform of Kajabi, (website: www.kajabi.com, hereinafter referred to as: “Kajabi”) when providing the online Services.
II. Ordering Services of the 21-day online program
1. Ordering via the Website:
1.1. Visiting www.holinstinct.net: The User visits www.holinstinct.net where the 21-day online program can be found. There is a link which will redirect them to Kajabi website.
1.2. Redirection to the Kajabi payment page: After selecting the program the User will be redirected to the payment page operated by Kajabi, where the User can review the details of the offer and the price.
1.3. E-mail address: The User gives his/her e-mail address, by means of which the ordering process is being started.
1.4. Payment information: The User selects the payment method listed on the payment page and provides the necessary payment information to complete the transaction.
1.5. Create an account: After payment the User will be requested to create a password to his/her account, using the previously provided e-mail address.
1.6. Access to the library page: After the account has been created, the User will be redirected to his/her own library page where the ordered program is accessible.
1.7. Receiving confirmation e-mail: At the same time the system automatically sends a order confirmation e-mail containing the Login link to the library.
1.8. Login and use of the program: The User can log in at any time to access and to participate in the program.
Information stored by Kajabi: Kajabi collects and stores the following User information:
- Personal contact details: name, e-mail address, postal address.
- Account credentials: User name and password.
- Payment information: Depending on the chosen payment method, the data required to process the payment.
- Internet activity: Browsing history and analytics data about Users’ interaction with Kajabi.
2. Ordering via Application:
2.1. Download and open the Application: The User downloads the Application from the Apple Store or Google Play and opens it on his/her device.
2.2. Create an account or log in: After opening the Application the User will be requested to create a new account by entering his/her e-mail address and setting a password or log in, if the User already has an account.
2.3. To access the home screen: After logging in, the User will be directed to the home screen of the Application, where the available programmes can be found, including the 21-day online program.
2.4. Choosing the program: The User selects the 21-day online program to view its details including description and pricing.
2.5. Start purchasing: The User taps the „Buy” button to start the purchase process in the Application.
2.6. Payment confirmation: Depending on the device the User confirms the purchase using the device’s native payment system, Apple Pay in iOS, Google Pay in Android devices.
2.7. Accessing the program: After successful payment, the program becomes immediately available in the User’s library within the Application, enabling the course to begin.
Information stored by Kajabi: Kajabi collects and stores the following User information:
- Personal contact details: name, e-mail address, postal address
- Account credentials: User name and password
- Payment information: Depending on the chosen payment method, the data required to process the payment
- Internet activity: Browsing history and analytics data about Users’ interaction with Kajabi
3. In order to purchase any of the Services the Service Provider offers on either of the Tools, User shall register for the given Services (e.g. course, programme, experience).
4. The User can choose the Services from any Tool, either from the „Services” button on the Website, where more information can be found about the chosen Service, or from the Application.
5. The Service Provider reserves the right to cancel or decline User’s order or any part of the User’s order at any time until it has been confirmed in accordance with present GTC.
6. Following receipt by the Service Provider of the User’s order for Services, the Service Provider will contact the User confirming receipt of the User’s order via e-mail. In case the User subscribes to the newsletter, Service Provider will as well send an e-mail to the User confirming the subscription.
7. A legally binding agreement between the Service Provider and the User (hereinafter referred to as: “Parties”) shall come into existence when the Service Provider:
- accepted the User’s offer to purchase Service from the Service Provider by sending an email to the User, confirming the purchase; and
- received payment of the relevant fees in accordance with present GTC.
8. Where the User’s order consists of multiple Services, each individual Service will be treated as a separate offer to purchase.
III. Cancellation and Refund
1. Depending on the kind of Service the User chooses, the following shall apply:
1.1. 21-day program: Where the Service Provider has accepted / confirmed the Service being purchased by the User and formed a legally binding agreement by and between the User and the Service Provider in accordance with present GTC, then User is permitted within three (3) days starting on the day when Parties have concluded their agreement in accordance with present GTC, to cancel the User’s purchase of Service and the Service Provider undertakes to refund 50% of the Service fee according to clause III. 4 of the present GTC.
1.2. 1:1 coaching: Where the Service Provider has accepted / confirmed the Service being purchased by the User and formed a legally binding agreement by and between the User and the Service Provider in accordance with present GTC, then User is permitted within twenty-four (24) hours starting on the exact time when Parties have concluded their agreement in accordance with present GTC, to cancel the User’s purchase of Service and the Service Provider undertakes to refund the full Service fee calculated on an hourly basis and in Swiss Francs (CHF) (250CHF/hour). In case of cancellation within between twenty-four (24) and forty-eight (48) hours the refund is 50% of the Service fee, which shall be refunded according to clause III. 4 of the present GTC.
1.3. Other services: As a basic rule clause III. 1.1 shall apply.
2. If User has purchased a Service provided by the Service Provider and has already accessed, downloaded all or part of the Service and/or started to use that Service then User shall have no right to cancel the order.
3. Notwithstanding the above, there is no other right to cancel or vary the User’s purchase of Services and any other cancellation and / or variation of Services will be at the entire discretion of the Service Provider.
4. In case the User is entitled to receive a refund, the Service Provider shall send the payment of the refund to the User’s bank account via bank transfer. The refund will be made within ninety (90) days.
5. The User has the right to request cancellation of his/her registration from the Service Provider. In this case the User shall send an e-mail to the Service Provider’s e-mail address published on the Website under “Contacts” menu and inform the Service Provider about such request. The Service Provider has the right to cancel the User’s registration and confirm the cancellation by informing the User in a reply e-mail.
IV. Fees and payment
1. The exact amount of the fees for the Services provided by the Service Provider is set out on either of the Tools or can be clarified by contacting the Service Provider (e.g.: fee of the 1:1 coaching). It is the User’s responsibility to check the Service fee that is payable, prior to the purchase of the Services.
2. Unless otherwise specified at the time, the fees payable for the Services are exclusive of VAT or other local taxes.
3. Fees for the Services, selected by the User, shall be debited from the User’s credit / debit card or other given account at the time of the purchase. Service fees can be paid via Kajabi website or through the Application, which are both accessible through the Website. Service fees can be paid by Kajabi payment, bank card, Apple Pay, PayPal or Google Pay.
4. The fees must be paid immediately on purchasing a Service to secure a place on the chosen Service (e.g. 21-day program) provided by the Service Provider and prior to User accessing any offered Service.
5. Any fees charged by the User’s debit or credit card provider in connection with the User’s purchase of Services are for the User’s own account and Service Provider shall not be responsible for these.
6. User is responsible for all costs User incurs in connection with User’s access onto any Service of the Service Provider.
7. For all special offers or coupons, the Service Provider has the right to inform the Users on either of the Tools and/or on social media and/or in newsletter and/or any other chosen way or platform by the Service Provider. For special offers or coupons the Service Provider does not accept deposits or payment plans and only one (1) special offer or discount price or coupon can be used per purchase and cannot be combined with any other offer currently running.
V. Modifying Website and/or Application
The Service Provider reserves the right to modify or eliminate any function, content element, or any feature of the Tools at any time, to change their appearance, content, or operation, to place an advertisement, presentation of its own Services or other content, even without prior notification to the User. The Service Provider does not take responsibility towards Users for such changes and their consequences.
VI. Liability
1. By using the Tools, the User acknowledges and accepts that the provision of Services available through the use of either of the Tools and the communication of information available through the provision of these Services are not considered healthcare activities. The User also acknowledges that the purpose of the Service provision and sharing information made available thereby, is to provide well-being services in order to improve the general quality of life and that they do not constitute healthcare services and/or professional medical information. The use of the Services does not replace or limit the visit of a qualified medical specialist, furthermore, it does not replace or limit the therapy prescribed by a specialist, even in its details.
2. By using the Tools, the User acknowledges that the Services and Tool functions do not guarantee a solution for health problems and cannot replace healthcare provided by a doctor or healthcare professional. Furthermore, the Service Provider recommends that the Users contact healthcare professionals, having appropriate qualification, and/or specialization with their diagnostic and therapeutic problems. By using the Tools, the User acknowledges that the User has independent and exclusive responsibility for properly interpreting the use and results of the Services that the Service Provider makes available for the User through the Tools, and, if necessary, seek the help of a doctor or other healthcare professional with appropriate training and education.
3. By using either of the Tools, the User acknowledges and accepts that he/she is entitled to access and use the Tools and their functions solely at his/her own individual risk.
4. By using the Tools, the User acknowledges and accepts that the Service Provider is not responsible for any harmful or unwanted effects arising from the use of either of the Tools, especially but not exclusively for the effectiveness or lack of effectiveness of the information provided by them.
5. By using the Tools, the User acknowledges and accepts that the data and information available through either of the Tools are general information, they are not considered as professional information, which is based on individual diagnosis.
6. By using the Tools, the User acknowledges and accepts that the User is solely responsible for the veracity of the data and information provided by him/her on these platforms, as well as factuality of data communications and for all consequences arising from these.
7. The Service Provider’s aim is to provide the Services at the highest possible level, however, the Service Provider does not take any responsibility for the reliability, error-free operation, including the software used for the operation of either of the Tools, the suitability for a given purpose and for direct or indirect damages, injuries or other legal consequences resulting from the lack thereof.
8. The Service Provider is not responsible for errors and their consequences caused by reasons beyond its control, such as, for example, technical malfunctions or outages in the internet network, technical shutdowns of any origin, breaks, loss of information and/or data, destructive applications or programs installed by others (e.g.: viruses, macros or hacker activities). The perpetrator of such behaviour is solely responsible for any damage caused by or related to it that violates the security of information systems, therefore the Service Provider excludes its responsibility for any cases that arise during the use of the Tools, including the use of viruses or other harmful software or distribution, unauthorized access to personal and other data held by the Service Provider, their destruction, damage or disclosure and other hacker activities.
9. Unless in case of gross negligence or willful misconduct by Service Provider, the User acknowledges and accepts that in case of any problem, dissatisfaction, damage, injury or other adverse consequences arising from the use of either of the Tools, the sole and exclusive remedy is to stop using the functions of that Tool.
VII. Proper use of the Tools
1. The Tools can only be used within the framework of the applicable legislation, without infringing the rights of third parties and the Service Provider, and in compliance with present GTC.
2. Some elements of the Tools and the Tools as a whole are protected by copyright.
3. It is prohibited to use any system or solution that aims at, enables or may result in the use of either the Tools in a manner not expressly permitted in these GTC or the shutdown of the servers used to operate either of the Tools, or which otherwise endangers the proper operation of either the Tools.
4. If a User uses either of the Tools in violation of the provisions of present GTC or the law, or otherwise in an abusive manner, the Service Provider is entitled to terminate the User’s access rights and cancel the User’s registration. The Service Provider excludes responsibility for any possible damage and injury if the Service Provider has cancelled the User’s registration based on present clause VII. 4 and all content and Services related to the User on either of the Tools due to the User’s behaviour that conflicts with present GTC, violation of the law or abusive use of the Services.
5. If, as a result of or in connection with the User’s conduct, a third party or any authority or court makes any claim or initiates proceedings against the Service Provider, the User is obliged to take all measures required by the Service Provider, and is obliged to compensate the Service Provider for all damages, disadvantages and costs incurred by the Service Provider due to or in connection with any illegal behaviour of the User. The Service Provider also excludes all liability for any kind of material or non-material damage and infringement caused by the User, or otherwise arising in connection with the User’s behaviour, as well as other consequences. The Service Provider reserves the right to restrict or deny the User’s further access to the Services if a User re-registers following the cancellation of registration based on this clause.
6. It is the User’s responsibility to maintain the confidentiality of the User’s registration password. The Service Provider applies the necessary and available technical solutions in order to prevent the data from being disclosed to unauthorized persons, and assumes no responsibility for any damage resulting from the unauthorized use of User passwords or profiles with or without the knowledge of the Users.
VIII. Management of User’s personal data
By registering on either of the Tools, the User consents to the Service Provider handling the personal data provided to the Service Provider during registration in accordance with the details specified in the Privacy Policy, https://holinstinct.net/privacy-policy/, for the purposes and for the duration specified therein.
IX. Intellectual Property
1. As stipulated above, some elements of the Tools and the Tools as a whole are protected by copyright, which belongs to the Service Provider, and these elements may not be modified or used or utilized in any other way, apart from running, display on the screen and necessary temporary reproduction, as well as saving and printing on a hard drive for personal, non-commercial purposes, which are inherent in the intended use of either of the Tools, without the prior written permission of the Service Provider.
2. All intellectual property rights of the offered Services are, and remain, the intellectual property of the person who created it/them or the person who has a licence contract.
3. The User is not authorized to:
3.1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the provided services without prior written permission, especially but not exclusively by transferring his/her username and password to make the Service(s) available for third parties;
3.2. record on video or audio tape, relay by videophone or other means the Service given, use the provided Service(s) in the provision of any other service whether given by the Service Provider or any third party trainer, author, intellectual right holder;
3.3. remove any copyright or other notice of Service Provider on the provided Service(s), materials;
3.4. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the provided Service(s).
Breach by the User of this clause shall allow Service Provider to immediately terminate the contract with the User and cease to provide the User with any services, including but not limited to access to the Service(s).
X. Confidentiality
1. The Parties are aware of the fact that the other Party may potentially receive confidential information in connection with the provision of the Services, information which has become known to the other Party in connection with its business relationship with its client and which constitutes recognizably confidential facts, irrespective of whether the knowledge is based on a communication by the other Party itself, a third party or on its own perception. This may include, but is not limited to, business secrets, information about business plans, financial resources, products and projects, processes, clients. Such confidential information shall be kept secret.
2. The Parties undertake to use data and information obtained exclusively for the purpose arising from these GTC and the contracts concluded.
3. This confidentiality agreement shall not apply:
3.1. if the disclosing Party is obliged to disclose by law or in official, judicial or other similar proceedings;
3.2. if a disclosure is made to a professional who is legally bound to secrecy and the professional is not released from the duty of secrecy;
3.3. if the information is publicly known at the time of knowledge or is made publicly known thereafter, unless this is based on a violation of present GTC incorporated into the contract, a confidentiality agreement, statutory provisions or an official or court order.
4. The provisions included in this clause X. shall prevail even after the termination of the contract between the Parties, thus present GTC.
XI. Termination of contract between the Service Provider and the User
1.The Service Provider may at any time terminate the existing contract between the User and the Service Provider and suspend the User’s access to the Services, including when the User actually uses or is suspected of using the Services without authorization or does not comply with present GTC.
2. The User acknowledges that in the event of termination of the contract – except for the cases specified in clause III. – Service Provider will not refund the User the subscription fee already paid.
XII. Support for Users, complaints
1. When providing Services, Service Provider may publish expert responses in the Application, submitted by registered Users to the Service Provider regarding expertly crafted holistic wellness services, such as transformational coaching, mindfulness practices and other topics closely related to them, and which, in the Service Provider’s opinion are of interest of a wider audience. The User has also right to form opinions and publish them in the Application accordingly. The Service Provider has the right to decide to send its answer to the User in a private message, if it is within means and possibility of answering the question.
2. The User may send questions about either of the Tools and/or the Services available on them to the Service Provider by sending an electronic mail to the e-mail address published in the “Contact” menu item of the Website. The Service Provider will do its best to answer the questions received within a reasonable time, but does not assume any responsibility for responding to all questions within a specified time and/or being able to answer all inquiries satisfactorily.
3. The goal of the Service Provider is to fulfil all orders in good quality, with the complete satisfaction of the Users. If the User has any complaints about the provided Services, it can be communicated via the e-mail address of the Service Provider, which is available under „Contacts” menu item of the Website. The Service Provider shall respond to the written complaint within thirty (30) days. The Service Provider gives reasons for its position in case of rejecting the complaint.
4. If the User does not agree with the handling of the complaint, the Service Provider will record the complaint and its response and hands over a copy of it to the User.
5. The record of the complaint and a copy of the response will be kept by the Service Provider for five (5) years and presented to the competent authorities upon their request.
XIII. Miscellaneous
1. If any part of present GTC becomes invalid, illegal or unenforceable, it does not affect the validity, legality and enforceability of the remaining parts.
2. If the Service Provider does not exercise its right under present GTC, the failure to exercise the right cannot be considered a waiver of the given right. A waiver of any right is only valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to an essential
condition or clause of present GTC on one occasion does not mean that it waives that it will subsequently insist on strict compliance with the given condition or clause.
3. The Service Provider is entitled to unilaterally amend the present GTC at any time by informing the User about the amendment, as well as by providing the date of entry into force of the amendment in a short notice on the Tools. If the User starts using any part of the Tools after the amendment, it is considered as acceptance of the amendment of the present GTC.
4. The contract concluded by accepting present GTC as well as the enforcement of any legal dispute or claim arising from it or related to it, shall be governed by the laws of Switzerland. The Service Provider and the User try their best to settle their disputes amicably. All disputes arising out of or in connection with the contract between the Parties, which cannot be solved amicably, shall be referred to and settled by the Civil-Court of Basel-Stadt, Switzerland (“Zivilgericht Basel-Stadt”), if not otherwise agreed by the conflicting Parties. Nothing in present GTC shall limit the Parties’ right to seek injunctive relief in any applicable competent court.
Present GTC are valid from 1st of December, 2024 until withdrawn or amended. The provisions of present GTC shall be applied to contracts concluded after their entry into force.
Basel, 1st of December 2024
Coaching & Change Management Treso
Registered seat: Saint-Louis Strasse 24 CH-4056 Basel, Switzerland
Registration number: CHE-315.058.837
Registered by:
Tax number:
Contact details: Tel: +41 78 326 7700, info@holinstinct.ch
https://www.cloudways.com/en/