General Terms and Conditions of the Thriving Female Entrepreneurs Virtual Summit
Effective from July 10, 2020
1. Happy Coach OÜ (“Seller”) sells access to the Thriving Female Entrepreneurs Virtual Summit (“virtual summit”) under the terms and conditions laid down in these Terms and Conditions.
2. Concluding and performing a contract (“Agreement”):
2.1 A sales contract is concluded by the Client registering via the virtual summit website
(https://thrivingfempreneurs.com). Client registers and chooses either free access (i.e. the regular ticket) or paid access (i.e. the VIP ticket). Registering is considered as placing an order (making an offer to buy) and the Seller confirming the registration (for regular ticket)/ issuing an order confirmation (in case of VIP ticket) is considered to be accepting the offer made by the Client.
2.2 The Client enters necessary information (incl. Personal Data) when placing the order. Clients who chose VIP ticket will have an option to choose a suitable payment option. By registering for the virtual summit i.e. placing an order, the Client confirms having reviewed these General Terms and Conditions.
2.3 The Client confirms the order by a) accessing first video from the virtual summit (in case of regular ticket); b) by paying to the Seller the price of the virtual summit ordered (VIP ticket).
2.4 The Seller ensures the continued availability of the virtual summit as stated in these Terms and Conditions and issues to the Client an order confirmation and an access to payment data (only for VIP ticket via their user account).
3. The Client who is a natural person who resides in European Union member state and makes the transaction outside of his/her professional or commercial activity (“Consumer”) has additional rights proceeding from the law. However, if you are a consumer, please note that by choosing the VIP ticket you agreeing to lose the additional right of withdrawal of Consumer from the moment the VIP ticket access activates (see under “5. CONSUMER’S RIGHT OF WITHDRAWAL”). This is in practise only relevant for Clients with VIP ticket as regular ticket is free.
TERMS AND CONDITIONS
4.1 The Seller is Happy Coach OÜ (reg.14989977 Harju county, Tallinn, Pärnu mnt 20, 10141; summit @ thrivingfempreneurs.com.
4.2 Virtual summit is the Thriving Female Entrepreneurs Virtual Summit as stated https://thrivingfempreneurs.com.
4.3 Terms and Conditions are these general terms and conditions for use and sale of tickets (regular and VIP) to the virtual summit and use of the virtual summit’s website.
4.4 The Client is a natural person or body corporate who registered for the virtual summit.
4.5 The Consumer is a Client that is a natural person and purchases goods to be used for purposes unrelated to their professional or commercial activity and whose residence in European Union member state.
4.6 The regular ticket is a ticket/ access to the virtual summit for free. Regular ticket does not include any other perks/ bonuses – only access to the virtual summit videos. Videos are available to view for the Client with regular ticket for 48 from their release.
4.7 The VIP ticket is a ticket/ access to the virtual summit for a fixed price stated at the summit website (subject to change therein). VIP ticket gives access to the virtual summit videos for a lifetime (the Seller reserves the right to make the videos available for download at chosen time; till then they are accessible via link or user account) and all additional perks/ and bonuses. Information about additional perks/ bonuses is accessible at the virtual summit’s website under the experts (i.e. the presenters) introductions via experts’ websites. Please note that the exact perks/ bonuses may change and are accessible when VIP ticket access is activated (unless otherwise stated by the Seller or the expert). VIP ticket access shall activate 48 hours after the last video was released.
4.8 The ticket is representing both types of tickets i.e. regular ticket and VIP ticket.
4.9 The Visitor is a person who accesses the virtual summit’s website.
5.1 The Terms and Conditions regulate legal relationship that are established between the Seller and the Client who registers for the virtual summit. Parts that are not directly only regulating the use and sales of tickets (and access to the virtual summit) are also applicable for the virtual summit’s website Visitor.
5.2 The Client agrees to the Terms and Conditions when registering for the virtual summit.
5.3 The Client can save and/or print out the Terms and Conditions as the link to pdf version is made available to the Client.
5.4 The Seller has the right to amend the Terms and Conditions at any time. New Terms and Conditions become applicable upon publication thereof in the virtual summit’s website (https://thrivingfempreneurs.com). Each sales Agreement is subject to such Terms and Conditions which were applicable upon placing of the order underlying the sales Agreement, and which shall constitute an integral part of that Agreement.
6. CONCLUDING AND PERFORMANCE OF THE SALES AGREEMENT
6.1 A sales Agreement is concluded by the Client placing an order (making an offer to buy) and the Seller issuing an order confirmation (consenting to the offer made by the Customer) (see under “Precontractual information”).
6.2 The Seller publishes at the virtual summit’s website the description of the goods/ services offered at the virtual summit and the exact differences between the regular ticket and VIP ticket access (i.e. perks/ bonuses only applicable for VIP ticket). The virtual summit’s website will also hold the information of the price of VIP ticket, times of access to the virtual summit videos and information about the bonuses/perks for VIP ticket. Generally, access is granted as follows (subject to change as stated at the virtual summit’s webpage):
6.2.1 After registration and confirmation of registration by the Seller ticket holders shall have access to virtual summit videos. Altogether 27 videos (subject to change as stated at the virtual summit’s website) will be released at the virtual summit;
6.2.2 The videos shall be made available by sending a link with an access to the Client at the e-mail stated when registering;
6.2.3 Regular ticket provides access to the video for 48 hours after it went live and no other perks/bonuses;
6.2.4 VIP ticket provides access for lifetime (or an option to download the videos at the time chosen by the Seller) and other perks/ bonuses from the virtual summit’s experts (presenters at the virtual summit as stated at the virtual summits website and subject to change therein);
6.2.5 The videos will not be downloadable for a Client with regular ticket. Client with VIP ticket will have an option to download videos at the time chosen by the Seller (before that only access to the videos is available);
6.2.6 Perks/ bonuses for Clients with VIP ticket will be available maximum for a year or for time period that is stated by the expert providing relevant perk/ bonus.
6.3 A Client places order by registering for virtual summit (regular ticket) or by paying for VIP ticket. The Client will have to enter necessary data (incl. Personal Data) for Seller to be able to provide the ticket/ access. If VIP ticket is chosen data connected to payments (incl. tax data) will be needed, together with creation of user account and data needed for that (password, email).
6.4 Relevant for VIP ticket: The Client places an order by paying in Euros the total price of the goods ordered from the Seller by credit card or payment service provider (PayPal). The order is deemed to be placed upon the Seller receiving from the provider the payment service PayPal/ Stripe confirmation of the success of the relevant payment.
6.5 Relevant for VIP ticket: the Seller accepts the order and issues to the Client by e-mail an order confirmation. Relevant payment data for the VIP ticket is accessible for the Client under user account.
6.6 A sales Agreement is deemed to be concluded upon the Seller issuing to the Client the relevant order confirmation – i) confirmation of registration (for regular ticket); ii) confirmation of order (for the VIP ticket).
7. CONFORMITY OF THE GOODS/SERVICE TO THE AGREEMENT
7.1 The videos and perks/bonuses of the virtual summit as provided under the principle of “as is”. The Seller gives no warranties or other promises about the quality of the videos and other perks/bonuses.
7.2 The virtual summit is developed for strictly educational purposes only. Client accepts and agrees that Client is 100% responsible for their progress and results from the virtual summit. The seller makes no representations, warranties or guarantees verbally or in writing on the success of the Client. Client understands that because of the nature of the virtual summit and extent, the results experienced by each Client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the virtual summit.
7.3 The virtual summit’s education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Seller assumes no responsibility for errors or omissions that may appear in any materials of the virtual summit.
7.4 If the Seller has refused to satisfy a Consumer’s claim connected to the virtual summit or if the Consumer does not consent to the solution proposed by the Seller, the Consumer may recourse to the courts to protect their rights. The Consumer has the right to also contact the Consumer Disputes Committee (https://komisjon.ee) or another body handling extrajudicial resolution of disputes (EU general ODR for Consumers: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).
8. CONSUMER'S RIGHT OF WITHDRAWAL (RELEVANT FOR THE VIP TICKET)
8.1 The virtual summit provides digital content not provided on a durable medium. The Consumer herby agrees to losing the additional right of withdrawal (i.e. 14 day withdrawal right of EU consumers) from the moment the VIP ticket access is activated (i.e. 48 hours after the last video was released).
9. INTELLECTUAL PROPERTY
9.1 All materials at the virtual summit are copyrighted. They are original materials that have been provided to Client are for Client’s individual use only and a single-user license to use only as stated in these Terms and Conditions. Client license cover only the access to the videos for 48 hours (for regular ticket) or for a lifetime (for VIP ticket). The license is valid only for the specific Client and only for personal use. Client has no right to sub-licenses or give access in any other way to anyone else. Client is not authorised to use any of the Sellers intellectual property for Client’s business purposes. All intellectual property, including the Seller’s copyrighted materials at the virtual summit and/or course materials, shall remain the sole property of the Seller. No license to sell or distribute the Seller’s materials is granted or implied. By purchasing ticket, Client agrees to the following:
9.1.1 not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Seller nor the experts of the virtual summit;
9.1.2 that any confidential information (anything that can be reasonably considered confidential e.g. names of other participants, Seller’s business partners etc.) shared by the Seller is confidential and proprietary and belongs solely and exclusively to the Seller. Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Seller.
9.2 By purchasing the ticket Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s obligations/ rights under this paragraph, the Seller will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
9.3 The virtual summit’s website, including its structure, design, contents, and functionality constitutes intellectual property of the Seller and/or its licensors, the partial or full reproduction of which or use in whichever manner other than for the purposes of reviewing goods/services and preparing sales Agreement is permitted only as subject to prior written approval by the Seller.
10.1 The Seller is only liable for direct monetary damages (and damages/ claims that cannot be limited under applicable law i.e. causing death or serious injuries) to the Client in case of intentionally infringing the Agreement/ these Terms and Conditions or by infringing them from gross negligence. Seller has no liability for other types of damages/ claims. The seller limits it liability to the maximum extent allowed by the applicable law.
10.2 The Client will be liable for any damages/ claims arising from any kind of infringement of these Terms and Conditions or from the Agreement.
10.3 Neither the Seller nor the Client is liable for violation of their obligations if such violation was caused by force majeure and if the relevant party informed the other party of emergence of force majeure at first reasonable opportunity.
11. GENERAL PROVISIONS
11.2 Notices. The Seller and the Client accept in their mutual communication and notices sent to the e-mail address specified in the registration for the summit (in case of Client’s e-mail) and as provided in these Terms and Conditions (in case of the Seller).
11.3 Merger clause. The Seller and the Client have agreed that these Terms and Conditions prescribes all of the terms and conditions of the Agreement. Any prior declarations of intent or agreements by the parties which are not included in the Terms and Conditions are not deemed to be a part of the Agreement.
11.4 Severability. If any provision of these Terms and Conditions is held invalid or unenforceable, the sales Agreement is deemed to be concluded without including said provision, except in such cases in which at least one of the parties, acting reasonably and in good faith, would not have concluded the contract without said provision. The provision being held invalid or unenforceable will be substituted with the most similar valid one. If provision is invalid partially, only the invalid part will be substituted as stated here. The invalid or unenforceable provisions will not make the Terms and Conditions in general invalid or unenforceable.
11.5 Applicable law and jurisdiction. The Terms and Conditions and the sales Agreement are subject to the legislation of the Republic of Estonia. Disputes which the parties fail to resolve in negotiations held in good faith shall be resolved in Harju County Court.