Terms and Conditions

Updated on April 25th, 2024

ARTICLE 0 - DEFINITIONS

The expressions and terms used in these Terms and Conditions of Sale will have the meaning attributed to them below:

"T&Cs" : Terms and Conditions of Sale and Use of the Services or assistance provided.

"Provider" : The company Empower Up LLC, licence 2323589.01 located in Sharjah Media City - PO BOX 515000 - Sharjah, United Arab Emirates and represented by Mr. Joffrey Berti, Managing director (hereinafter the "Provider").

"Client" : Any professional or non-professional purchasing a Service or assistance (refer to definition below).

"Services" : Any Services or assistance available on the website or via webinars, online e-learning, coaching programs, call, free live sessions or any new services provided by the Provider.

"E-learning" : Refers to the remote Service or assistance provided.

"Site" : Websites joffreyberti.com and subdomains where the Services offered by the Provider or Joffrey Berti brand are available.

"Lifetime" : from the date of the Client's membership until the date the Provider ceases its activity.

ARTICLE 1 - SCOPE OF T&Cs

These T&Cs apply to any registration of Services or assistance provided by the Provider, carried out remotely or in person. These T&C apply to the exclusion of all other conditions. They are available at any time on the Site and will prevail, if applicable, over any other version or any other contradictory document.

These T&Cs may be subject to modifications at any time; the version applicable to the Client's purchase is the one in effect on the Site at the time of placing the order.

The Client declares having read and accepted these T&Cs before implementing the remote registration process. The Client declares having full legal capacity allowing them to commit under these T&Cs.

Placing the order with the Provider through the Site or other means implies unconditional acceptance of these T&Cs.

ARTICLE 2 - PRE-REGISTRATION INFORMATION

The Client acknowledges having received and read, prior to their registration of a Services, these T&Cs and all the information listed below:

Sufficient information on the main characteristics and choices of Services

Actual prices of the Services selected by the Client at the time of the order

Terms and Conditions of Sale

Privacy Policy associated with the Services and assistance

Verification of order elements and correction of errors, if applicable

Choice of payment methods

Sending a confirmation email of the order to the Client

Sending access credentials to the e-learning platform and private group when relevant

Information regarding contractual guarantees

The fact that a Client reserves a Service or assistance implies full and complete adherence and acceptance of these T&Cs and the obligation to pay for the Services, which is expressly acknowledged by the Client, who renounces, in particular, to rely on any contradictory document that would be unenforceable against the Provider.

ARTICLE 3 – CHARACTERISTICS OF THE SERVICES

The main features of the Services are presented on the Site http://www.joffreyberti.com or during an initial discovery call.

The choice and purchase of the Services and the payment methods are the sole responsibility of the Client.

ARTICLE 4 - ORDER

4.1. Preliminary step

The Client may be offered a 15mn minutes preliminary call. This call is either a paid Service and offered to the Client during special offers. No coaching will be provided during that call.

The purpose of this 15mn preliminary call is to understand what is the Client situation and expectations, and present the Provider professional Services. During these calls, the Client is informed of the Services and assistance from the Provider.

4.2. Order

The Client must be at least 18 years old to order from the Provider.

The subscribed Service is a service provided digitally. The Client will receive it at the email address they provided during the registration process with the Provider. Once the purchase is made, the access link to the personal space and login credentials if relevant will be sent to the Client based on the Services purchased. Credentials are personal, confidential, and non-transferable. Access to the personal space concerns only certain Services sold by the Provider. Some Services will be accessible via download links directly sent to the Client by email when placing the order. Any subscription to coaching programs Service by the Client constitutes the formation of a remote contract between the Client and the Provider described in a Working Together Agreement document at the start of the Service. This is not applying to standalone consultancy calls. Any information provided by the Client when placing the order is binding on them. The Provider's liability cannot be sought or engaged in any way in the event that an error during the order placement prevents or delays the execution or delivery of the Services.

4.3. Confirmation

Given the nature of the Services provided, the sale of the Services will be considered final only after the Provider sends the Client a confirmation of the acceptance of the order by email and after the Provider has collected the full price or the first installment in the case of a staggered payment.

4.4. Modification

Given the nature of the Services provided, no modification of the order by the Client will be possible after the Provider confirms it. Unless the Provider agrees by writing to modify the nature of the Services provided.

4.5. Cancellation & rescheduling

The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment for a previous order on the Site.

Given the nature of the Services provided, no cancellation of the order by the Client will be possible after the Provider confirms it and sends the link and access codes to the platform of the Service.

The Services consist of digital content not delivered on a physical medium, with their execution commencing upon contract signing or order form validation. As a result, the Client will not have the option to withdraw after finalizing the contract or validating the order form with the Service Provider. The contract is deemed concluded upon the acceptance of these Terms & Conditions and the date of the order placement.

If the Client needs to cancel or re-schedule a 1-1 session if it is part of the Service delivered, it is requested to provide as much notice as possible. Notification must be made via email, WhatsApp or phone call at least 24 hours before a session. Any notification after this period will cancel the 1-1 session with no rescheduling.

ARTICLE 5 – PRICES

The Services are provided to the Client at the prices in effect and specified during their consultation with the Provider. Prices are expressed in Dirhams (AED) or US Dollars ($).

An invoice is prepared by the Provider and delivered to the Client once the Client agrees to order a Service.

ARTICLE 6 – PAYMENT

6.1. Payment Methods

Payment may be made online via credit/debit card, using STRIPE, PAYPAL™, or Bank Transfer. Cash and cheques will not be accepted without prior agreement. Specific payment schedules can be agreed prior to the start of the Services. In case of international transfer, all transfer fees will be entirely at the Client's expense.

The Provider reserves the right, in case of non-compliance with the payment conditions above, to suspend or cancel the provision of the Services ordered by the Client.

The Provider cannot be held responsible in case of fraudulent use by third parties of the payment methods used. The independent payment provider assumes full responsibility for the security of their system. The Client may not in any case request any compensation or refund for this reason.

Payments made by the Client are considered final only after the actual collection of the amounts due by the Provider.

6.2. Payment Terms

The subscription to the Service is paid in one payment by the Client on the day of the order. The subscription to the Service can also be paid in installments if this option is offered and agreed upon by the Provider during the order process.

6.3. Non-Compliance

The Provider reserves the right, in case of non-compliance with the payment conditions mentioned above, to suspend or cancel the provision of the Services subscribed by the Client and/or suspend the execution of its obligations as well as access to the platform. The Client may not in any case request any compensation or refund for this reason.

If, at the Provider's discretion, a payment must be refunded, the Client will be required to pay a $50 administrative fee, and any bank charges will be their responsibility.

In case of non-payment of the amounts due by the Client to the agreed term, late payment penalties calculated at a rate of 10% of the total pre-tax amount of the price of the Services will be automatically and rightfully acquired by the Provider, without any formalities or prior notice.

Late payment will result in the immediate due date of all amounts owed by the Client, without prejudice to any other action that the Provider may be entitled to take against the Client in this regard.

ARTICLE 7 – SERVICES PROVISION

7.1 Contacts

Any direct contact with the Provider will be by email or WhatsApp during office hours only 9am to 5pm Tuesday to Thursday. Any messages received outside of these hours will be dealt with during office hours only.

7.2 Medical and Psychological Conditions

The provider may ask in certain circumstances questions about medical history to establish any contra-indications to 1-1 coaching sessions. The Client is in charge to state any medical changes during the course of the Services. If the Client is receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, the Client may be asked to seek their permission before any Services can commence. The Client can be provided with recordings as part of the Service subscribed (offered or paid services). These recordings should not be listened to whilst driving, operating machinery or undertaking any other activity where concentration is required. Any recording provided is for personal use only and must not be shared, lent, copied or sold under any circumstances.

7.3 Sessions 1-1

The Client ensures to be available at the 1-1 session start time. If the Client is running late, the Provider will do its best to make a full 1-1 session available. However, as the ability to do this will depend on the Provider availability, this cannot be guaranteed to the Client. For this reason, the Provider will cancel the session with no possible rescheduling after 15mn of showing late.

7.4. Private Groups

Some Services are provided to Clients via a private group allowing Clients to interact with each other and with the Provider regarding the Services, any challenges and successes on their empowerment journey.

This service is offered by the Service Provider and the Client must accept the general terms and conditions of use for the plateform hosting the group and generally comply with all rules and policies set by the plateform as a third party provider.

The Client will agree to the Private Group rules and particularly is prohibited from committing offences or publishing content, comments, photos, videos that are derogatory, racist, discriminatory, insulting, or damaging to the image or reputation of the Service Provider.

Should the Client fail to comply, they acknowledge and agree that the Service Provider may, at its sole discretion and assessment, remove their publications, comments, photos, videos, and exclude the Client from the aforementioned groups, as well as from all communication spaces, without prior information or notice. The Client will not be entitled to any refund or compensation for this.

7.5. Online Mentoring Program

Some Services are provided to Clients in the form of an online support program through an e-learning platform, which is available to the Client For a limited duration as per specified during the ordering process, subject to adherence to all provisions outlined in these T&Cs. This E-learning platform enables the Client to follow an online mentoring program step by step and view the Live coaching videos in replay.

The Service Provider employs measures to ensure that the E-learning platform is functional and accessible at all times, except in cases of voluntary or involuntary interruption, particularly due to maintenance needs or force majeure.

The Client accesses the platform using a username and password supplied for this purpose. The username and password are strictly personal and confidential. The Client is solely responsible for maintaining the confidentiality of their username/password, and under no circumstances can the Service Provider be held liable for unauthorized use of the platform or fraudulent use of access codes resulting from hacking or loss.

Access to the platform is individual; thus, it is only available and valid for one Client in the name of a person. If multiple people use the platform, the Service Provider reserves the right to suspend or interrupt the Client's access or charge additional fees; the Client cannot seek any compensation or reimbursement for this. All amounts already paid to the Service Provider will be retained as compensation. The Service Provider may provide access through the e-learning platform to replays of live sessions, webinars, or any other program they offer, either for a fee as an optional Service or free of charge in case of special offer via download links or a direct connection link sent by email. All Services are protected by copyright and refer to Article 8 Intellectual Property of these Terms & Conditions.

7.5 Outcome

The agreement to work on the challenge(s) presented by the Client in no way implies or guarantees the resolution of the presenting issue(s). No outcome can or will be guaranteed. However, the Provider always endeavors to its best efforts and skills to work towards the Client goals and intended outcomes.

7.6 Standards of Behaviours

The Provider will treat the Client with respect and use best practices at all times. In return, the Client undertakes not to harm itself, or any other person, including the Provider, or any property belonging to either Provider or any other person. The Client agrees not to attend sessions under the influence of alcohol or recreational drugs, except those medications which have been prescribed or not by a professional. If the Client attends any sessions under the influence of alcohol or recreational drugs, or demonstrates violent or abusive behaviour, the session will be cancelled and the Provider reserves the right to cancel the Services without refunding any payment already made.

ARTICLE 8 - INTELLECTUAL PROPERTY

The Provider exclusively owns all intellectual property rights associated with the Services and the documents, information, materials, illustrations, images and photographs, videos, and audio available on any support. In particular all text, commentary, materials, illustrations, images and photographs, videos, trademarks, and databases reproduced are the sole property of the Service Provider and are protected under intellectual property laws.

Unauthorized copying or reproduction of this content, in whole or in part, is strictly prohibited and may be considered a violation of intellectual property rights. No transfer of intellectual property rights is made through these general terms and conditions of sale.

The Client is only granted the right to use the Services and content provided on the platform and is not authorized to reproduce, represent, adapt, distribute, or exploit them for personal purposes or for the benefit of third parties. The Client explicitly agrees not to utilise the Services or content provided on the platform to market competing courses, services, or products to those offered by the Service Provider or to repurpose the Services or content for training third parties in any manner.

In particular the Client is prohibited from reproducing, adapting, translating, sharing, distributing, and/or transferring these Services purchased on the Site for the benefit of third parties. The acquisition of Services by the Client does not in any way entail a transfer of copyright in their favour. The Client is only authorized to use the Services for their personal needs. In case of non-compliance with this rule by the Client, the Service Provider reserves the right to suspend or interrupt the Client's access and to seek damages and interest in court. All amounts already paid to the Service Provider will remain acquired as compensation. The Client expressly acknowledges that any breach of this clause may result in financial harm to the Service Provider, for which the Client may be held liable for compensation.

ARTICLE 9 – LIABILITY

Under no circumstances will the Provider be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the advice or information provided to the Client during professional Services. In addition, the Client agrees to defend, indemnify, and hold the Provider harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising from the Client participation in the professional Services.

In any case, should the Provider's liability be retained, the Provider's warranty would be limited to the amount excluding taxes paid by the Client for the order of the Services.

The advice and information provided do not constitute personal advice tailored to each Client's individual situation. As a result, the Provider cannot, under any circumstances, be held responsible for any damages of any kind, including financial, material, or in the case of a tax adjustment.

ARTICLE 10 - COMPLAINTS

If the Client has a concern or complaint regarding a Service, the Client will discuss this with the Provider in the first instance and the Provider will endeavour to resolve the issue at its best.

ARTICLE 11 - STATEMENTS OF UNDERSTANDING

The Client agrees the following when subscribing to a Service.

Some Services are provided to Clients using coaching technics Rapid Transformational Coaching® (RTC®) and Rapid Transformational Therapy® (RTT®).

The Client confirms to be advised by the Provider of the modalities of the RTC® and RTT® and give full consent to receiving sessions from the Provider.

The Client understands that results of the Services may vary from person to person and in no way implies or guarantees the resolution of any presenting problems or issues.

The Client understands that hypnotherapy or coaching or information provided by the Provider either in person or via telephone, email or internet, is not a replacement or substitute for medical, psychological or psychiatric treatment. If the Client has any doubts or concerns about health, the Client will seek advice from an appropriate qualified healthcare professional.

The Client agrees that if advised by the Provider and prior to or following any sessions, to seek medical approval, the Client will consult with GP, hospital consultant and/or other healthcare professional and gain the appropriate written approval for the Provider prior to the next session.

The Client is advised to be free to terminate any or all sessions at any time.

The Client understands that its level of motivation is vital in the coaching process. The Client agrees to participate to the best of its ability at all times, including making reasonable use of coaching suggestions during and between sessions, as well as listening to MP3 recordings that will contribute to its success.

The Client has accurately and truthfully answered any questions and provided background information during the initial 1-1 consultation and /or first 1-1 session and will continue to do so during any subsequent 1-1 sessions.

ARTICLE 12 – PERSONAL DATA

The Client is referred to the Privacy Policies and legal notices present on the Site joffreyberti.com. By browsing the Site, booking an appointment, subscribing to a Service, the Client accepts the Privacy Policies of the Provider. The terms of this Privacy Policy may change from time to time without prior notice.

ARTICLE 13 – FORCE MAJEURE

The Service Provider shall not be held liable for any total or partial non-performance of the contract resulting from an unforeseen event, a force majeure event, beyond its control, rendering the provision and delivery of the Services ordered by the Client impossible.

The performance of the contract shall be suspended for the duration of the force majeure event without any obligation to provide compensation to the Client. The Service Provider shall resume the normal performance of the contract and shall be required to fulfill all its obligations therein as soon as the cessation of the force majeure event has been duly established.

The following circumstances shall be deemed force majeure events when they impede the performance of the contract: pandemics such as covid-19, lockdown, insurrections, terrorist attacks, strikes, labour disputes, governmental actions, wars, acts of God including but not limited to earthquakes, fires, floods, computer system hacking, and computer viruses.

ARTICLE 14 - GOVERNING LAW

These Terms & Conditions and any other matters arising out of or in relation to these terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates subject to the mandatory rules of the Client's country of residence.

ARTICLE 15 – VALIDITY

These Terms and Conditions are subject to revisions without notice. The Client must familiarise with any amendments if re-started a program after a period of absence. In the event that a provision of these T&Cs is invalidated for any reason, this invalidation will have no effect on the validity of the other provisions of these T&Cs.