TERMS OF SERVICE
1. INTRODUCTION
Welcome to Elevate Business Coaching ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and coaching programs offered by Elevate Business Coaching in India and internationally.
By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our services.
2. SERVICES DESCRIPTION
Elevate Business Coaching provides business coaching services, including but not limited to executive leadership coaching, startup growth acceleration, team performance optimization, and organizational transformation services. Our services are designed to assist businesses and individuals in improving their performance, achieving goals, and developing leadership capabilities.
The specific details, scope, duration, and deliverables of our coaching services will be outlined in separate agreements or engagement letters between Elevate Business Coaching and our clients.
3. ELIGIBILITY AND ACCOUNT CREATION
You must be at least 18 years of age to access our services. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features or services, you may need to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. INTELLECTUAL PROPERTY RIGHTS
All content, materials, methodologies, software, graphics, designs, trademarks, and other intellectual property on our website or provided as part of our services ("Content") are owned by or licensed to Elevate Business Coaching and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Content solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content without our express written permission.
5. USER CONDUCT
When using our services, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others, including privacy and intellectual property rights
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or interfere with the proper working of our services
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
- Use our services for any illegal or unauthorized purpose
- Modify, adapt, or hack our services or modify another website to falsely imply association with our services
6. FEES AND PAYMENT
Fees for our coaching services will be as agreed upon in writing between Elevate Business Coaching and the client. Unless otherwise specified, all fees are quoted in Indian Rupees (INR) and are exclusive of applicable taxes.
Payment terms, methods, and schedules will be outlined in our service agreements. Late payments may incur additional charges as specified in the agreement. We reserve the right to suspend services if payment is not received according to the agreed terms.
7. CONFIDENTIALITY
We understand the sensitivity of information shared during coaching relationships. We commit to maintaining the confidentiality of all proprietary and sensitive information provided by clients. Likewise, clients agree to maintain the confidentiality of our proprietary methodologies, materials, and other intellectual property.
The specific terms of confidentiality will be outlined in our coaching agreements, which may include provisions for legally required disclosures or disclosures made with client consent.
8. TERMINATION
Either party may terminate the coaching relationship as specified in the coaching agreement. Upon termination:
- All access to services will cease immediately
- Any outstanding fees will become immediately due and payable
- Confidentiality obligations will survive termination
- All licenses to use our intellectual property will terminate unless otherwise specified
We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms.
9. DISCLAIMER OF WARRANTIES
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that our services will meet your requirements, be uninterrupted, timely, secure, or error-free. Results from using our coaching services vary and depend on numerous factors outside our control, including client commitment and implementation.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVATE BUSINESS COACHING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
- ANY CONTENT OBTAINED FROM OUR SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SERVICES AT ISSUE IN THE PAST SIX MONTHS OR INR 50,000.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Elevate Business Coaching, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to our services
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
- Any claim that your actions caused damage to a third party
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good faith negotiation between the parties. If such dispute is not resolved within 30 days, it shall be referred to arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement of the parties.
13. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
It is your responsibility to review these Terms periodically. We recommend checking this page for updates when using our services.
14. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. ENTIRE AGREEMENT
These Terms, together with any coaching agreements or other terms referenced herein, constitute the entire agreement between you and Elevate Business Coaching regarding our services and supersede all prior agreements and understandings, whether written or oral.
16. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Elevate Business Coaching
15th Floor, Maker Towers
Cuffe Parade, Mumbai 400005
Maharashtra, India
Email: legal@elevatecoaching.in
Phone: +91 22 4567 8901
Last Updated: October 15, 2023