Terms & Conditions
Scope and definitions
These general terms and conditions of sale are applicable to all sales contracts concluded between ZENTRA GLOBAL, a limited liability company with its registered office at 12b rue Principale, L-6165 Ernster, and registered with the RCS under number B233393 (hereinafter "ZENTRA GLOBAL") and any natural or legal person who purchases one or more products or services, submits a request for a quotation, places an order and/or concludes a contract with ZENTRA GLOBAL (hereinafter the "Customer").The present general terms and conditions of sale of ZENTRA GLOBAL are the only ones applicable. In any case, they exclude the Client's general or particular conditions that ZENTRA GLOBAL has not expressly accepted in writing.
Formation of the contract
ZENTRAGLOBAL's offers, quotations, etc. are always given without obligation, are valid for a period of 30 days, and can only be considered by the Client as an invitation to place an order. The contract between ZENTRA GLOBAL and the Client only comes into being when ZENTRA GLOBAL receives the order form and confirms the order or starts the execution thereof.
Prices, payment terms and late payment
The applicable prices are those mentioned on the order confirmation by ZENTRAGLOBAL. These prices are increased by the applicable taxes. Any dispute relating to an invoice must reach ZENTRA GLOBAL within fifteen (15)calendar days of the invoice date. After this period, the invoice will be considered as irrevocably accepted by the Client. In so far as no payment term has been agreed upon, ZENTRA GLOBAL's invoices are to be paid immediately upon receipt. On the due date stated on the invoice, theClient shall owe, ipso jure and without prior notice of default, interest on arrears at the rate of 8% per annum, as well as a flat-rate compensation of 10%of the invoice amount, with a minimum of € 150. Payments made by the Customer shall be charged as follows: (i) first to the fixed compensation and other costs, then (ii) to the interest and finally (iii) to the price.
Liability
ZENTRAGLOBAL shall only be liable - irrespective of the legal basis - for damage resulting from its own intentional or gross negligence. In no event shall ZENTRA GLOBAL be liable for any indirect, incidental, punitive, accessory or consequential damages, such as, but not limited to, loss of profit or revenue, loss of turnover, business interruption costs, re-stocking costs, damage to reputation or loss of customers, even if such damages were reasonably foreseeable. In any event, ZENTRA GLOBAL's liability shall be limited to an amount not exceeding the amount of the order, the sum of €5,000, or the smaller of these two amounts. The exclusions of liability of ZENTRA GLOBAL set forth in this article shall also apply to the liability of its employees, collaborators, agents, representatives, deputies, suppliers and deliverers.
Force majeure
ZENTRAGLOBAL shall not be liable for any inability to perform its obligations due to causes beyond its control. These include, but are not limited to, acts of God, acts or omissions of the Customer, business interruptions, pandemic or epidemic, including Covid-19 or monkey pox pandemic or epidemic, material shortages, strikes, lockouts, traffic congestion, governmental intervention, criminal acts, inability to obtain labor or raw materials through ordinary channels.
Confidentiality
Confidential information means any information disclosed by a party ("DisclosingParty") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. ConfidentialInformation does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the DisclosingParty, (ii) was known to the Receiving Party prior to its disclosure by theDisclosing Party without breach of any obligation owed to the Disclosing Party,(iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the ReceivingParty. Subject to the foregoing exclusions, Customer Data will be consideredConfidential Information under this Agreement regardless of whether or not itis designated as confidential.TheReceiving Party will: (i) protect the confidentiality of the ConfidentialInformation of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any ConfidentialInformation of the Disclosing Party for any purpose outside the scope of thisAgreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Consulting Services and except for your HubSpot Solutions Partner bound by confidentiality obligations), and (iv) limit access to Confidential Information of theDisclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.TheReceiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) theReceiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow theDisclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the Disclosing Party refuses to provide their consent or fails to respond to the Receiving Party’s inquiries in connection with the request to disclose the Confidential
Information.
Final provisions OnlyLuxembourg law is applicable, with the exception of conflict of laws rules. Incase of dispute, the courts of the City of Luxembourg have exclusive jurisdiction. If one or more provisions of these general terms and conditions of business are declared invalid in whole or in part, the remaining provisions of the general terms and conditions of business shall remain unaffected.
Privacy Policy
We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us.
This Privacy Policy governs the privacy policies and practices of our Website, located at how-coaching.com.
Please read our Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.
We last updated our Privacy Policy on 08 July 2019.
— Information we collect —
As a Visitor, you can browse our Website to find out more about our Website. You are not required to provide us with any personal information as a Visitor. We collect your personal information when you register with us (“User”), when you express an interest in obtaining information about us or our products and services, when you participate in activities on our Website Site or otherwise contacting us. Generally, you control the amount and type of information you provide to us when using our Website. The personal information that we collect depends on the context of your interaction with us and the Website, the choices you make and the products and features you use. The personal information we collect can include the following:
• Name, Email Address and Contact Data
• Payment Information.
If you choose to buy one of our Service, we collect payment information through our payment processor. All payment information is securely stored by our payment processor and we do not have access to your sensitive information, such as credit card number or security code. • Business Information. If you choose to buy a Service on our Website, we may ask specific information related to your business in order to create an Invoice.
— Automatically collected information —
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered non-personal information. We also collect the following:
• Cookies: our Website uses “Cookies” to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.
• Third Party Tracking Tools: we also use third party tracking tools to improve the performance and features of our Website. These third party tracking tools are designed to collect only non-personal information about your use of our Website. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is actually captured by such third parties or how such third parties use and protect that information.
• Log Information: we automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
— How and why we use your personal information —
We use the information we receive from you as follows:
• To allow you to purchase Services: we use your information to invoice the Services.
• To customizing our Website for your experience: we may use the information information you provide to us along with any computer information we receive to customize our Website.
• For data aggregation purposes: we retain the right to collect and use any non-personal information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your personally identifiable information included in such data aggregations.
— Transfer of your personal information —
Your information, including personal information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
— Disclosure of your personal information —
If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
— Retention of your personal information —
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
— Information regarding your data protection rights under General Data Protection Regulation (GDPR) —
For the purpose of this Privacy Policy, we are a Data Controller of your personal information. If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information, as described in this Privacy Policy, depends on the information we collect and the specific context in which we collect it. We may process your personal information because:
• We need to perform a contract with you, such as when you purchase a Service with us
• You have given us permission to do so
• The processing is in our legitimate interests and it’s not overridden by your rights
• For payment processing purposes
• To comply with the law If you are a resident of the European Economic Area (EEA), you have certain data protection rights. In certain circumstances, you have the following data protection rights:
1. The right to access, update or to delete the personal information we have on you
2. The right of rectification
3. The right to object
4. The right of restriction
5. The right to data portability
6. The right to withdraw consent
• Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
— Service Providers —
We employ third party companies and individuals to facilitate our Website (“Service Providers”), to provide our Website on our behalf, to perform Website-related services or to assist us in analyzing how our Website is used. These third-parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Analytics | Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
• Payments processors | We provide paid products and/or services on our Website. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.
— Protecting your child’s privacy —
Our Website is not designed for use by anyone under the age of 13 (“Child”), though we realize we may have a Child attempt to make purchases through our Website. We do not verify the age of our Users nor do we have any liability for verifying a User’s age. If you are a Child, please seek the permission of a parent or guardian before using our Website.If you are a parent or guardian and believe your Child is using our Website, please contact us to remove your Child’s account; we reserve the right to ask you for verification of your relationship to the Child before we honor such a request. If we discover that a Child has created an account on our Website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.
— Links to Third-Party websites —
Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.
— Our e-mail Policy —
Our affiliates and we fully comply with national laws regarding SPAM. You can always opt out of receipt of further email correspondence from us and/or our affiliates. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.
— Updates to our Privacy Policy —
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the “Last Updated” date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.
— Contact Us —
If you have any questions about our Privacy Practices or this Policy, please contact us at legal@zentrapreneur.com