Terms & Conditions
Table of contents
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Scope
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Formation of the contract
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Prices
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Payment
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Obligations of the provider
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Use Rights
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Customer Obligations
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Cancellation of Agreed Appointments
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Disclaimers
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Liability
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Intellectual Property Rights
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Privacy
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Changes
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Priority
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Severability Clause
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Confidentiality
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Force Majeure
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Governing Law/Jurisdiction
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Cancellation policy
01. Scope
These General Terms and Conditions (hereinafter "GTC") of sensi.space (hereinafter "Provider") apply to all contracts concluded between the Provider and the customer with regard to the services offered on the website www.sensi.space services shown, including for:
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1:1 Coaching;
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Participation in online live or recorded courses, workshops or events;
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Participation in face-to-face live courses, workshops or events;
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The provision of digital content (within the meaning of these GTC, “digital content” is data that is made available in digital form by the Provider to the customer); and
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Any other services that the provider provides directly and indirectly to the customer,
(collectively referred to as the "Services").
If the customer and the Provider have concluded an individual written agreement with respect to any Service, this takes precedence over these GTC and these GTC supplement such agreement.
Any additions or deviations to the GTC are hereby rejected unless otherwise agreed in writing.
02. Formation of the contract
The presentation of the Provider's Services on its website and on other channels such as social media platforms or newsletters does not constitute an offer to conclude a contract with the customer. They are non-binding and serve to enable the customer to submit a binding offer.
The customer submits a legally binding contract offer in relation to the selected service via the Provider’s website, email, telephone or other communication channels.
The Provider can accept the customer's offer within 7 days by written confirmation.
The customer is usually contacted to process the contract via e-mail. Accordingly, the customer must ensure that the e-mail address provided is correct and that the e-mails from the Provider can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Provider can be delivered.
If the Provider does not accept the customer's offer within the above-mentioned period, this is to be deemed as a rejection of the offer and the customer is no longer bound by the offer.
03. Prices
All prices are in Swiss francs (CHF), save as otherwise agreed in writing by the Provider. All prices are exclusive of any applicable value added tax (VAT) and any other applicable taxes.
The Provider reserves the right to change the prices at any time. The prices valid at the time the contract is concluded apply on the website www.sensi.space or according to the separate price list communicated by the Provider (e.g. via e-mail/newsletter or social media). The prices valid at the time the contract is concluded apply to the customer.
04. Payment
Services’ prices shall be paid in advance, unless otherwise agreed in writing by the Provider.
Any payment not settled ahead of the provision of the Services shall be paid within 14 days of the invoice’s date. The customer shall be deemed in default if the invoice is not settled within the above mentioned period and a default interest of 5% shall apply.
Offsetting the invoiced amount against any claim the customer may have against the Provider is not permitted.
The Provider has the right to refuse the provision of any of its Services or the provision of digital content in the event of late payment.
05. Obligations of the Provider
Unless otherwise agreed, the Provider fulfills its obligation by providing the agreed Service(s).
The subject and content of the Services is described on the Provider's website, social network or equivalent means used to describe the Services.
The Provider provides its Services with the greatest care and to the best of its knowledge and belief. However, the Provider does not owe any specific success. The Provider does not guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance goal, in particular because this also depends on the customer’s will and personal commitment, over which the Provider has no influence. The customer also acknowledges that the Provider has no medical or psychotherapeutic training and that the Services provided do not qualify as therapy or medical treatment.
The Provider has the express right to call in auxiliary persons to fulfill the contractual obligations. It must ensure that the auxiliary person is called in compliance with applicable law.
06. Use Rights
The Provider is the owner of all rights of use that are required to provide the Services.
The Provider grants the customer the right to use the content of the Services and the digital content provided only to the extent that is necessary for the respective purpose of the contract. In particular, the customer is not entitled to record the content of the Services (or parts thereof), make it publicly available, reproduce or distribute it.
These usage rights are non-exclusive, non-transferable and limited to the use of the customer. The individual content of the Services and the digital content provided are for personal use and may only be used by the customer for his/her own purposes. Any disclosure to third parties or any other use, commercial or otherwise, is strictly prohibited.
07. Customer Obligations
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The customer is obliged to exercise the rights of use only to the extent granted.
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The customer is obliged to comprehensive and prompt cooperation.
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The customer acknowledges that the Services provided by the Provider, in particular coaching, are not medical nor psychotherapy and shall not substitute for any treatment for mental or medical disorder.
By accepting these GTC, the customer also confirms that he/she has unlimited capacity to act and is of legal age.
The customer acknowledges that once a contract has been concluded, withdrawal/cancellation is excluded and no refunds are possible (subject to Art. 19 below).
08. Cancellation of Agreed Appointments
If appointments have been agreed in connection with the Services to be provided, the customer has the right to cancel agreed appointments up to 24 hours in advance without incurring any fee payments for these appointments. For appointments that are canceled by the customer after this period, the full agreed price is due.
The Provider is entitled to cancel appointments, courses, workshops and events for important reasons (illness of the Provider, force majeure) at short notice against full reimbursement of any price already paid.
09. Disclaimers
The Provider endeavors to ensure good availability of www.sensi.space and takes reasonable precautions to protect www.sensi.space from third-party interference. However, the Provider cannot guarantee that www.sensi.space and the Services offered will function without interruption or disruption, nor can guarantee that the website or files provided are virus-free.
The Provider does not guarantee the factual and content-related correctness, completeness and reliability or quality of the information and documents published or transmitted. The Provider expressly reserves the right to change, delete or temporarily not publish content in whole or in part at any time without prior notice. In addition, the Provider cannot provide any guarantee for non-spamming, malicious software, spyware, hackers or phishing attacks, etc. that impair the use of the Services, damage the customer's infrastructure (e.g. end devices, PC) or otherwise damage the Customer. Any problem or disruption must be reported to the Provider immediately.
References and links to third party websites are outside the area of responsibility of the Provider. Access to and use of such websites is at the customer's own risk. The Provider expressly declares to have no influence whatsoever on the design, content and offers of the linked pages. Information and services from linked websites are entirely the responsibility of the respective third party. The Provider rejects any responsibility for such websites.
Claims for liability against the Provider for material or immaterial damages resulting from the access or use or non-use of the published information, including through misuse of the connection, or as a result of technical malfunctions, are explicitly excluded.
10. Liability
The Provider is only liable for damages that are based on intentional or grossly negligent behavior on the part of the Provider.
Liability for any indirect damage and consequential damage is completely excluded.
The liability of the Provider amounts to a maximum of the price of the Service purchased by the customer or, in the case of coaching, to the sum of the agreed coaching fee.
The customer is obliged to report any damage to the Provider immediately.
Any liability for auxiliary persons is completely excluded.
11. Intellectual Property Rights
The Provider holds all rights to the products, services, trademarks, and any intellectual property arising from or related to the services provided, including but not limited to all manuals, standard drawings, computer programs, and other materials. These rights are retained by the Provider unless a transfer of such rights is explicitly agreed upon in writing by both parties.
The customer is prohibited from claiming any rights, title, or interest in the intellectual property and from using, publishing, or making available any information, images, texts, or other materials received in connection with the services, unless expressly authorized by the Provider.
Moreover, the customer irrevocably consents to the Provider's discretion over the intellectual property, including actions that may infringe Moral Rights, such as attributing authorship to another individual, ensuring that all intellectual property remains vested in the Provider upon its creation.
The Provider reserves all rights for every design, text and graphic on www.sensi.space.
12. Privacy
The Provider may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The Provider takes the measures required to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of their data by the Provider and is aware that the Provider is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities.
The Provider utilizes third-party platforms and services to facilitate aspects of the coaching services offered. While these third-party services are chosen based on their functionality, the Provider does not control their security protocols or privacy practices. The security and privacy measures of these third-party services are governed by their own policies and terms, which the customer is responsible for reviewing and agreeing to. The Provider makes no representations or warranties regarding the privacy and security practices of these third-party services.
The Provider is not responsible for any data breaches, losses, or unauthorized access to customer information that occur as a direct or indirect result of the use of third-party services. The customer agrees that the Provider shall not be held liable for any such breaches or losses, except to the extent that such limitation of liability is not permitted by applicable law. The Customer is advised to safeguard their own information, particularly in their interactions with third-party services. The Provider is not liable for any loss or damage arising from the customer’s failure to protect their personal information or from their use of third-party services. By using the Provider’s services, the customer accepts the risks associated with transmitting and storing information through third-party platforms and agrees not to hold the Provider liable for any security breaches, data loss, or privacy infringements that occur outside of the Provider's direct control.
If the customer has not expressly prohibited it, the Provider may use the data for marketing purposes and pass them on to the Provider’s partners for advertising purposes.
Furthermore, the Privacy Policy applies.
13. Changes
These GTC can be changed by the Provider at any time.
The new version comes into force when it is published on the Provider's website.
The version of the GTC that is in force at the time the contract is concluded applies to customers, unless the customer has agreed to a newer version of the GTC.
14. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from an individual written agreement concluded with the customer prevail over these GTC and the GTC supplement such agreement.
15. Severability Clause
Should a provision of the GTC or an enclosure of the GTC be or become invalid, this shall not affect the validity of the rest of the GTC. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the GTC.
16. Confidentiality
The parties, as well as their auxiliaries, undertake to treat all information submitted or appropriated in connection with the services as confidential. This obligation remains even after the termination of the contract. Customer’s information is stored with the Provider in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure. However, the Confidentiality and Privacy provisions of these GTC make no claims as to the security, confidentiality, and privacy of information provided by the customer to third parties. Each third party has their own independent privacy policy which the customer is responsible for reading and agreeing to.
17. Force Majeure
If the timely fulfillment by the Provider, its suppliers or third parties involved is prevented as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, pandemics, nuclear accidents or reactor damage is impossible, the Provider is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Provider can withdraw from the contract. The Provider must reimburse the customer in full for payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
18. Governing Law/Jurisdiction
These GTC are subject to Swiss law. The court in Zurich, Switzerland is responsible unless mandatory statutory provisions take precedence. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.
19. Cancellation policy
The choice of law with regard to the statutory right of withdrawal only applies to customers who belong to a member state of the European Union at the time the contract is concluded and whose place of residence and delivery address are within the European Union at the time the contract is concluded. For customers who do not have their place of residence and delivery address in the European Union at the time the contract is concluded, revocation is excluded.
The above-mentioned customers are entitled to a right of withdrawal as follows, whereby the customer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity and, as described above, at the time of the conclusion of the contract, a member state of the European Union and whose residence and delivery address are within the European Union at the time the contract is concluded
The above customers have the right to withdraw from a contract within 14 (fourteen) days of the conclusion of the contract without giving any reason.
In order to exercise their right of withdrawal, customers must send a clear statement by e-mail at hello@sensi.space (or any other address indicated in the individual agreement, as the case may be) of their decision to revoke the concluded contract. You may use the attached model withdrawal form, but it is not obligatory.
The cancellation period is met if the customer sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
If the customer revokes a contract, the Provider must reimburse all payments received from the customer, including delivery costs (if any), but excluding payments for Services already provided by the Provider to the customer and related delivery costs (if any), immediately and at the latest within 14 (fourteen) days from the day on which the notification of the revocation of the contract the Provider has received. The same means of payment that was used in the original transaction will be used for the repayment. No fees will be charged for this repayment. If the parties have agreed that the provision of the Services begins during the cancellation period, the customer must pay an amount equivalent to the Services already provided to the customer until the time when the declaration of cancellation reaches the Provider.
The right of withdrawal expires prematurely if the performance of the Service has begun with the customer’s prior express consent and the customer has acknowledged that he/she will lose his/her right of withdrawal once the Service is provided.
Model Withdrawal Form:
The customer can use the following sample form for revocation (however, this is not mandatory) and send it back to the Provider:
«I hereby revoke the contract I have concluded for the purchase of the following goods / the provision of the following service(s):
___________________________________________________________________________________
Ordered on _______________ / received on _______________________
Customer's name:
Address:
Date: