General Terms & Conditions
In the spirit of good practise, when you are using Services from Coaching by Caroline Unipessoal LDA, we ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.
All Coaching Services and communication, digitally, in person, or otherwise, delivered directly by Carolina B.M. Bakker or one of its employees, as well as all information on the website (CoachingByCarolina.com) are meant to help you identify the areas in your business, your life and in your mindset that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. As we see it, Coaching is meant to help you move forward and should be done after major emotional and psychological wounds are already healing or healed.
The term “Coaching” as here used, covers any type of coaching and services, including, but not limited to, leadership coaching, executive coaching, business coaching, life coaching, personal coaching, assessment services and any other services provided for all clients.
The term “Membership Terms” refers to the specific Membership terms and conditions. They govern your (your or you) use of the Coaching by Caroline Unipessoal LDA platform (“platform”) as a member.
The term “Content” refers to all the content made available by Coaching by Caroline Unipessoal LDA and its websites including, but not limited to, coachingbycarolina.com, Zoom, email, Kajabi, MemberPress, and any other systems associated to Coaching by Caroline Unipessoal LDA’s coaching or training provision, including tutorials, courses, videos, eBooks, articles, sample files, training provision, blogs, social media posts, and other online or offline content.
Carolina is continually striving to ensure the standard of Service she provides to its clients remains excellent. At the end of the Coaching or Assessment Process, the client will be asked to give Feedback, to improve Services provided.
1. Disclaimer
As a client and recipient of the Services provided by Coaching by Caroline Unipessoal LDA, I understand that the Coaching and/or Energetic Services, both in person, online and via online content, I will be receiving are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any mental health conditions or medical conditions. I also understand that my Coach is not acting as a mental health counsellor or a medical professional.
For legal purposes, I understand that Coaching is currently an unregulated industry and that even though my Coach has multiple accreditations to be a Coach, originating from The Netherlands and Spain, these diplomas may not be acknowledged by other institutions in any other country.
I understand and agree that, if I am under 18 years of age, it is a requirement to have my parents’ permission before engaging in coaching and/or becoming a member and accessing the information.
By agreeing to these terms and conditions you I understand and agree that I am fully responsible for my well-being during my Coaching Sessions, and subsequently, my choices, decisions, and results during and after these Sessions.
I understand that Coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it to replace of any form of therapy.
I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the goals that I create with my Coach. I have the ability to give my informed consent, and hereby give such consent, to my Coach to assist me in achieving such goals and understand that results are dependent on my own effort and input and not guaranteed.
I understand that to the extent our work together involves career or business, my Coach is not promising outcomes, including, but not limited to, increased clientele, promotions, profitability, personal and/ or business success.
I understand that my Coach will protect my information and treat it as confidential, unless I state otherwise in writing. If I report child abuse, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and that my confidentiality agreement is limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent that the law requires.
I understand that the use of technology is not always secure, and I accept the risks of confidentiality in the use of technologies, including, but not limited to; email, text, phone, Skype, MemberPress, and Zoom.
I understand and agree that these Terms and Conditions is a contract and I understand, agree and am committed to said contract.
I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assignees, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the Coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement, or agreement not expressed in this agreement has been made to me in order to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
2. Coaching
2.1 Terms and Conditions
The Coaching schedule will be arranged between Carolina and the client and will be booked up to 2 months in advance. Carolina will recommend the frequency of Coaching Sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is binding. Under exceptional circumstances, Carolina may decide this plan may be altered and adjusted throughout the Coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
The amount and frequency of Coaching Sessions, as well as the schedule, will be based on the chosen Coaching program and determined at the start of Coaching between Carolina and the client, and confirmed by Carolina by email or other written correspondence. Where no specific program is agreed, Sessions will be provided on a Session-by-Session basis.
In return for the Fees payable by the client (or by a third party on their behalf), Coaching by Caroline Unipessoal LDA agrees to provide the Service as described below and in accordance with the Terms and Conditions set out below. The client agrees to pay Fees for the Service on the Terms and Conditions set out below (in situations where a third party pays the Fees, the third party counts as an agent acting on behalf of the client).
The moment that a first Coaching Session takes place, whether paid or free-of-charge, shall be deemed to be the start date for the Service. Where any client is unhappy with any of the Terms and Conditions, the client can contact Coaching by Caroline Unipessoal LDA to discuss any concerns and see if they can be resolved, before the first Coaching Session. Participation by any individual or organisation in the first Coaching Session constitutes the non-revocable acceptance of these Terms and Conditions.
2.2 Format of Sessions
Sessions will be held face to face (venue by mutual agreement), via Skype (client calls Coach); via Zoom (both parties join at the agreed date and time); telephone Coaching Sessions (client calls Coach); or other format, where such is agreed. Unless otherwise agreed, for Skype and telephone Sessions the client is responsible for telephoning the Coach at agreed times. The Coach is responsible for ensuring that she is available for consultation at agreed times. Zoom Sessions will be set up by the Coach and communicated via email. The length of each Session is dependent on the chosen program and as agreed between the Coach and the client before the Coaching Sessions commence.
2.3 Session Fees
Session Fees are in accordance with Carolina’s current Per-Session Fee or Fee for a series of Sessions, or any other such Fee as shall be agreed and notified to the client. The Per-Session Fee and Pack-Session Fee may differ. Carolina will confirm the Fees in writing, usually by email, unless this is impractical. The number of Sessions in the Coaching program, for which payment is required in advance, will be agreed before Coaching Sessions commence.
Non- Refundable Deposits, paid by the client to reserve a time slot and/or a spot on the Coaching program, will not be refundable under any circumstances. Sessions can only be rearranged in accordance with the section in these Terms and Conditions headed “Rearranging Sessions”.
2.4 Additional Sessions
Coaching by Caroline Unipessoal LDA may agree to provide additional Coaching Sessions after completion of the initial agreed Session(s). These Terms and Conditions will irrevocably apply to any additional Sessions so provided. The Fee for these Sessions will be agreed between Carolina and the client, before commencing these Sessions, where Carolina confirms the financial agreements with the client by e-mail.
The Fee will remain the same as originally agreed, except where Carolina notifies the client in writing by e-mail of a change to the Fee or to any other term or condition in accordance with the section in these Terms and Conditions headed “Change in Terms and Conditions”.
Any and all free-of-charge Sessions a/o Services, as well as all the Reduced Fee Sessions a/o Services, are intended to be one-time-only and are allowed to be booked only once per person, unless written permission on email is given by Coaching by Caroline Unipessoal LDA for an additional Session. Coaching by Caroline Unipessoal LDA reserves the right to cancel the free-of-charge Sessions a/o Services of recurring users, no explanations required.
Reduced Fee Sessions can only be rearranged in accordance with the section in these Terms and Conditions headed “Rearranging Sessions”.
2.5 Dates and Times of Sessions
The date and time of the first Session and any subsequent Session(s) will be agreed between Carolina and the client by video communication, vocal communication, a scheduling tool, or email and confirmed by Carolina by email.
Sessions can only be rearranged in accordance with the section in these Terms and Conditions headed “Rearranging Sessions”.
2.6 Payment Terms
Fees can be paid online by debit or credit card, using the Revolut payments system, or by bank transfer. The PayPal payments system can be used on request by the client, at an additional fee of 3%. Where receipts are requested by the client, they will be sent by e-mail.
Fees are to be paid in advance of each Coaching Session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice). Where payment has not been received by Coaching by Caroline Unipessoal LDA in advance of a Coaching Session, Coaching by Caroline Unipessoal LDA is not obliged to provide the Session.
Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.
2.7 Between Sessions
Carolina may assign the client tasks or exercises to complete between Coaching Sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
The client may contact Carolina by e-mail between Sessions to seek clarification regarding anything arising from a Coaching Session or for administrative purposes (e.g., where a client needs to rearrange a Coaching Session or make a payment). The aim is to answer any emails received within 48 hours of arrival, on weekdays. Additional Coaching can also be provided between Sessions but there will be an additional charge for this. Coaching by Caroline Unipessoal LDA will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge. Charges will not be imposed without the client’s agreement.
2.8 Rearranging Sessions
If a client needs to rearrange a Coaching Session, they should provide at least 48 hours’ notice. Unless 48 hours’ notice has been given, Coaching by Caroline Unipessoal LDA reserves the right to refuse the rearrangement of this Coaching Session, and the Fee for this session is forfeited.
In exceptional circumstances Carolina may need to rearrange a Paid or reduced-Fee Coaching Session. In those instances, she will give the client 24 hours’ notice where practical. Free-of-charge Sessions and Services can be rearranged by Coaching by Caroline Unipessoal LDA at any given time, although a 24-hour window will be aimed for.
Where a client pays for a Session or Sessions in advance, they must have all the Coaching Session(s) that they have paid for within 2 months of the termination of the original scheduled end of the Program or Sessions, or their Fee is forfeited.
2.9 Confidentiality
Personal information or business information supplied by clients in Coaching Sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, written on email, save where required by law or where action might be necessary to prevent harm to the client or someone else.
2.10 Termination
For both Reduced-Fee and Paid Sessions a/o Services, under exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Carolina can decide to terminate the Service to the client early or refuse or be unable to provide further Coaching Sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Coaching by Caroline Unipessoal LDA where practicable, and will be refunded any advance payments, minus the payment processing Fees (5%-10%), that have been made for Coaching Sessions that have not yet been provided.
Any and all free-of-charge Sessions a/o Services, can be cancelled by Coaching by Caroline Unipessoal LDA at any given time and without explanations required. A 24-hour advance notice will be aimed for.
2.11 Responsibilities
Carolina will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Coaching by Caroline Unipessoal LDA has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of Coaching Sessions or programs, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
3. Membership
3.1 Membership Terms and Conditions
By purchasing any products or services through the website coachingbycarolina.com or any affiliated websites, you unequivocally consent to these Membership Terms, thereby establishing a legally binding contract between you and Coaching by Caroline Unipessoal LDA. If you do not wish to be bound by these Membership Terms, you should refrain from submitting your application for membership.
3.2 Payment Plan Agreement Contract
This section is applicable to Memberships that extend over multiple months and are subject to monthly billing throughout the agreed-upon duration of the Membership.
3.2.1 Membership Payment Plan
By opting for a subscription that spans multiple months, and by availing yourself of the associated discount benefits, you acknowledge and consent to entering into a binding contractual agreement. You commit to paying the membership fees at the rate specified at the time of your purchase, to be billed on a monthly basis. This payment structure will provide you with access to the Membership site for the time frame explicitly outlined and mutually agreed upon during the sign-up process.
3.2.2 Membership Payment Plan Cancellation
You understand that you have the option to cancel your membership within the first 14 days, provided that none of the Content has been accessed during this period. Should you choose to cancel your membership after having accessed the Content, you are obligated to pay the remaining balance of your contract. This balance will be calculated as the lesser of [remaining months] multiplied by [monthly payment]. Any existing discounts will continue to be applicable.
3.3 Membership Access for Coaching Pack Clients
As a valued client of our coaching services, Coaching Pack clients are granted complimentary access to our Membership site and its Content, which will be utilized during your coaching sessions. This access is an integral feature of your Coaching Pack and is provided at no additional cost.
This Membership Access will remain active for the duration of your engagement in the Coaching Services and is intended to enhance your Coaching experience. Please note that the standard rules and guidelines of the Membership site, as outlined in these Terms and Conditions, will continue to apply.
3.4 Membership
Your Membership is non-transferable and exclusive to you. It is not allowed to share your username and password with any third party, or to permit any third party to access the Site using your login credentials.
You bear full responsibility for all activities that occur under your username and password on the Site. You are required to perform reasonable efforts in safeguarding your username and password. Should you become aware of any unauthorized use of your membership credentials, you are obligated to notify Coaching by Caroline Unipessoal LDA immediately.
Your Membership is based on periodic subscription fees which are detailed on the Site’s sign-up page. Failure to remit these fees according to the agreed-upon schedule will result in the suspension or termination of your membership and access to the Content.
According with the rights granted to you by law, you are entitled to ask for a refund of subscription fees for any completely unaccessed and unopened product, training, or coaching, for 14 days after the purchase date of your subscription. Apart from this situation, refunds of subscription fees will not be granted.
3.5 Availability and Use of the Site
The platforms will usually be available 24 hours a day, seven days a week. Coaching by Caroline Unipessoal LDA may, however, need to interrupt or suspend your access to the platforms or the provision of the platform’s Services and Content, for maintenance, technical or other reasons.
When accessing and using the platforms and Coaching by Caroline Unipessoal LDA’s Services and Content, you must comply with directions, instructions or protocols posted on the platforms.
Coaching by Caroline Unipessoal LDA takes pride in offering a diverse array of exclusive Content on the platforms. We aim to continually enhance and expand this Content. However, please note that the Content may be updated, altered, or removed at our discretion. Therefore, Coaching by Caroline Unipessoal LDA cannot guarantee the perpetual availability of specific Content on the platforms.
3.6 Rights to Content; Intellectual property
Each piece of Content is the copyrighted material of its respective author. Coaching by Caroline Unipessoal LDA holds ownership over all Content, as well as additional rights concerning the platforms, including its design, configuration, and overall appearance.
Your Membership grants you a revocable, non-exclusive license to utilize the Content for personal purposes for the duration of your Membership. Redistribution of any Content is expressly prohibited. Any supplementary materials, such as project files or spreadsheets, are provided solely for educational purposes. While you may modify these files for your personal learning, you are not permitted to otherwise exploit or redistribute them.
Unless explicitly indicated, all trademarks and logos displayed on the platforms are the property of Coaching by Caroline Unipessoal LDA and its partners. Unauthorized use of these trademarks and logos is prohibited without the prior written consent of Coaching by Caroline Unipessoal LDA.
3.7 Fair use and prohibited conduct
You’re allowed to download Content to your computer as part of your membership, following our ‘fair use’ guidelines. These guidelines stipulate that your engagement with the platforms and Content should be fair, authentic, and reasonable. For instance, the volume of Content you download should align with your authentic coaching and learning requirements, as well as the time you genuinely need to engage with that Content. Coaching by Caroline Unipessoal LDA will exercise sensible judgment in determining whether a member has adhered to the ‘fair use’ guidelines.
You’re not allowed to use scripts for bulk downloading of Content. Additionally, you must avoid the following:
- Providing a fake email, impersonating someone, or falsely claiming an affiliation;
- Inserting ads, branding, or promotional material into the platforms or Content;
- Trying to access computer systems or materials on the platforms without authorization;
- Automatically collecting information from the platforms, like ‘spidering’ or ‘scraping’;
- Disrupting or altering the platforms’ functionality, such as by sending mass unsolicited messages or introducing harmful software;
- Using the platforms or Content in a way that breaks the law, infringes on third-party rights, or is fraudulent, obscene, or defamatory;
- Copying, distributing, modifying, or exploiting the Content or any other data available through the platforms, unless explicitly allowed in these Membership Terms.
3.8 Intellectual property complaints
Coaching by Caroline Unipessoal LDA honours the intellectual property rights of others, and expects you to do the same. If you feel that your intellectual property or other rights are being compromised on the platforms, please reach out to us.
For copyright-specific claims related to Content, kindly provide the following details:
- Your contact information, including address, phone number, and email;
- A pinpointed description of where the alleged infringement is located;
- Details about the copyrighted work you believe has been infringed;
- A declaration from you, confirming that the information in your claim is accurate and that you are either the copyright holder or authorized to act on their behalf.
3.9 Community guidelines
Coaching by Caroline Unipessoal LDA holds the right, though not the obligation, to oversee all content posted on our platforms. While we’re not liable for material others post, we do reserve the right to edit, decline to post, or remove content that we find objectionable or in violation of these Membership Terms, our policies, or applicable laws.
You are not allowed to upload or post materials that:
- Limit or spoil other members’ ability to use or enjoy the platform;
- Are false, misleading, unlawful, abusive, or otherwise inappropriate;
- Violate someone else’s rights, including privacy and intellectual property;
- Share sensitive personal information about others;
- Contain harmful elements like viruses or spyware;
- Include commercial solicitations or any form of ‘spam.
3.10 Refusal, suspension, or termination of membership
Coaching by Caroline Unipessoal LDA reserves the right to immediately restrict, suspend, or terminate your membership and your access to the platforms at our discretion. Such actions will be taken if we determine that you are in violation of these Membership Terms, any additional platform rules, or applicable law.
4. Change in Terms and Conditions
Where an Initial Number of Sessions is agreed, any changes to these Terms and Conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Carolina and the client and confirmed by Carolina in writing by email.
For all other scenarios, including membership subscriptions, Coaching by Caroline Unipessoal LDA reserves the right to modify any terms or conditions, including the Per Session Fee and the Membership Fee, by providing the client with one week’s written notice via email.
4.1 Coaching Sessions
Should the client decide not to continue with further Coaching Sessions upon receiving notification of such changes, they may immediately terminate the Service by sending written notice via email to info@coachingbycarolina.com. The client will then be eligible for a full refund of any advance Fees paid, minus payment processing Fees (ranging from 5% to 10%), for the portion of the Coaching Sessions or program that has not yet been delivered. The notice will become effective upon receipt of the email by Coaching by Caroline Unipessoal LDA.
4.2 Membership
If, upon receiving notification of changes, the client opts to discontinue their Membership, they may immediately withdraw from the Service by sending written notice via email to info@coachingbycarolina.com. The client will then be entitled to a refund of advance Fees paid, minus payment processing Fees (ranging from 5% to 10%), for the remaining duration of the Membership that has not yet elapsed. The notice will become effective upon receipt of the email by Coaching by Caroline Unipessoal LDA.
5. Governing Law
This contract is governed by the law of Portugal whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings, or legal claim of any nature relating to the Service provided or the contract.
6. Feedback
Feedback about the Services are welcomed and can be given during a Coaching Session or by writing on email address info@coachingbycarolina.com.