Ingress 1.1 These general terms and conditions (henceforth the “Terms”) apply to all services in respect of the coaching program Re:Desire (henceforth the “Program”) and other services related to the Program provided by Kessel och Norén Konsult och Holding AB, a limited liability company registered in Sweden, with reg. no. 556763-8415, (henceforth the “Coaching Company”).
1.2 By enrolling in the Program, you, the participant, (henceforth the “Participant”) and the Coaching company agree to the following terms and conditions, without modification, and you acknowledge reading them.
Enrolling 2.1 The Participant may enroll in the Program after first having watched a free live private training webinar where the Participant has learned more about the Program and the methods used during the course of the Program.
Program term etc. 3.1 Access to the Program will start and end on the dates specified on the Website and/or in the enrollment confirmation letter sent to the e-mail address that the Participant registered on the Website upon enrolling in the Program. The Participant and the Coaching company may during the course of the Program jointly decide to alter the term on the Program.
3.2 After the Program end date, the Participant will not have access to any part of the Program, including, but not limited to Program content, worksheets, templates, checklists, video and/or audio content.
Program fees 4.1 By enrolling in the Program, the Participant agrees to pay the program fee as specified on the Website.
4.2 The Participant will have the option of choosing between (a) the pay in full option or (b) the payment plan option. The Participant agree to pay the Fee in its entirety even if the Participant choose not to or are unable to complete the Program. Should the Participant fail to select a payment option, the Participant shall be deemed to have chosen the pay in full option.
4.3 If the Participant selected the pay in full option, the Participant agrees to pay the Fee in full immediately upon enrollment.
4.4 If the Participant select the payment plan option, the Participant agree to pay the Fee divided into agreed upon monthly installments. The first installment is due immediately upon enrollment and the remaining monthly installment will be due the last day of each consecutive month starting with the end of the first calendar month after the enrollment until the Fee is paid in full.
4.5 The Participant authorizes the Coaching company to automatically charge the credit card on file, directly or via PayPal, for any and all Fee balances owed, and the Participant agrees to keep the credit card information current and up to date with the Coaching company.
Failure to make timely payments 5.1 If any payment is insufficient or declined for any reason, the Coaching company may revoke the Participant’s access to Program and remove the Participant from the Program without liability or refund. The Participant’s removal from the Program due to the Participant’s failure to pay the requisite Program fee does not excuse the Participant from the Participant’s obligation to pay the amounts owed in full.
5.2 In the event of late payment the Coaching company shall be entitled to claim interest on the sum overdue until payment is made, at the rate of eight percent per annum plus the reference rate under the Swedish Interest Act. If the Coaching company sends the Participant a written reminder of an outstanding payment, a reminder fee will be charged at the amount established in Swedish law.
Refunds 6.1 The Participant understands and agree that there is a strict no-refund policy for the Program. Requests for cancellations and/or refunds will not be honored by the Coaching company. The Participant agrees to make timely and full payments of the Fee to the Coaching company even if the Participant chooses not to, or is unable, to complete the Program, for whatever reason.
Account creation and access 7.1 In order to take part in the Program, the Participant may be required to provide information about themselves including the Participant’s name, email address, username and password and other personal information. The Participant agree that any registration information they provide will always be accurate, correct and up to date.
7.2 The Program may only be accessed by the Participant, i.e. the customer on record with the Coaching company. The Participant agrees that the Program, including any usernames or passwords, may only be used by the Participant as permitted herein and may not be sold or distributed without the Coaching company’s express written consent.
Intellectual property rights 8.1 The Participant agree that the Program contains proprietary information that is owned by the Coaching company and is protected by copyright, trademark and other applicable intellectual property laws. The Participant will not use the Program in a manner that constitutes an infringement of the Coaching company’s rights or that has not been authorized by the Coaching company. The use of the Coaching company’s Program, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Coaching company and may subject the Participant to civil and criminal penalties, including possible monetary damages, for infringement on the Coaching company’s intellectual property rights
8.2 The Coaching company grants the Participant a limited, personal, non-exclusive, non-transferable license to access the Program for the Participant’s own personal and non-commercial use. Except as otherwise provided, the Participant acknowledges and agrees that they have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, record, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program in any manner or medium (including by email or other electronic means). The Participant shall not remove any copyright notice, trademark, or author designation from any part of the Program.
Participant’s conduct 9.1 The Participant agrees to conduct themself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Program participants or breaches the confidentiality undertaking set out in clause 12. The Participant acknowledges and agrees that the Coaching company reserves the right to remove the Participant from the Program, without reimbursement or liability, if the Coaching company, in its sole discretion, determines that the Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants
Confidentiality 10.1 The Coaching company acknowledges that the (limited times) the Participant shares information, for instance in intake and exit surveys, that this information is of a sensitive and private nature. This information is strictly confidential to the Coaching company. The Coaching company therefore warrants that to the best of its abilities undertake to keep the Participant’s personal information, thoughts and opinions confidential, including, without limitation, exercising in relation to such information no lesser security measures and degree of care than those which the Coaching company applies to its own confidential information.
10.2 In addition, the Coaching company undertakes only to use the Participant’s confidential information to the extent it is necessary for the Program and not to disclose, copy, reproduce or distribute the Participant’s confidential information to a third person. The Coaching company shall use all reasonable efforts to prevent any such disclosure, except in cases where the Participant has given written consent to the disclosure or where disclosure is required by law or by a court of competent jurisdiction. Provided that all reasonable steps to prevent such disclosure shall be taken, the disclosure shall be of the minimum amount required.
10.3 The Participant undertakes, without limitation in time, to keep information regarding other participants personal information confidential and to abide by any confidentiality policy communicated to the Participant by the Coaching company.
The One-Time, Pay-in-Full, Q&A Session Bonus& Confidentiality During the February/March 2024 promotion of the Program (27/02/24-05/03/24), the Participant who pays in full will be invited to take part in a one-time Q&A Session for all pay-in-full purchasers of the Program. Participants buying during this promotion are permitted to ask one question related to the contents of the Program at a time of the Coaching company’s choosing. By submitting a question for the Q&A Session, the Participant acknowledges and consents to their question being shared with all current and future consumers of the Program, and it is, therefore, the Participant’s sole discretion if they would like to submit a question or not. The Coaching company will not share the names of those who submit questions, in order to protect their identity.
The Participant agrees to conduct themself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Participants, or breaches the confidentiality. The Participant acknowledges and agrees that the Coaching company reserves the right to remove the Participant from the Program, without reimbursement or liability, if the Coaching company, in its sole discretion, determines that the Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
Lawful purposes 12.1 To access or use the Program, the Participant must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms. The Participant may use the Program for lawful and legitimate purposes only. The Participant shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of service 13.1 The Coaching company may at any time change or discontinue any aspect or feature of the Program, subject to the Coaching company fulfilling its previous responsibilities to the Participant based on acceptance of the Participant’s payment.
13.2 The Coaching company reserves the right to immediately remove the Participant from the Program without refund if they violate these Terms.
Errors, inaccuracies, and omissions 14.1 Information provided about or in the Program is subject to change. The Coaching company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. The Coaching company disclaims all liability for any inaccuracy, error or incompleteness in the Program.
Relationship of the parties 15.1 The Participant agree that the Coaching company is acting as an independent contractor and that no partnership or joint venture is created between the parties.
Processing of personal data 16.1 The Coaching company processes personal data about the Participant, such as name, contact information, and data related to payments as well as other data that the Participant provides the Coaching company with, in connection with the Program and other services. The Participant expressly consents to such processing, including processing of information relating to the Participant’s health and sexuality provided by the Participant. Information regarding the processing av personal data and the Participant’s rights can be found on the Coaching company’s website. Since personal data may be transferred to the USA, the Participant furthermore explicitly consents to such transfer, after having been informed of the possible risks of such transfers that may be present due to the absence of an adequacy decision and appropriate safeguards in US legislation.
Disclaimer 17.1 The Coaching company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
17.2 By enrolling in Program, the Participant accepts, agrees and understands that the Participant is fully responsible for the Participant’s progress and results from the Participant’s participation and that the Coaching company offers no representations, warranties or guarantees verbally or in writing regarding the Participant’s progress, personal growth, future sexual activity, intimate relationships or other such matters. The Coaching company does not guarantee that the Participant will get any results using any of the Coaching company’s ideas, tools, strategies or recommendations, and nothing in the Program is a promise or guarantee to the Participant of such results.
17.3 The contents of the Program are for informational purposes only and do not constitute medical advice; they are not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Participant is urged to seek the advice of a physician or other qualified health providers such as a psychotherapist, with any questions the Participant may have regarding a medical condition or a mental health problem. The Participant is furthermore urged never to disregard professional medical advice or delay in seeking it because of something the Participant have learned in the Program. The Coaching company urges all participants to seek medical advice if they believe or suspect that part of their sexual difficulties has a medical cause.
Third party resources 18.1 The Program may contain links or referrals to third party websites and resources. The Participant acknowledges and agrees that The Coaching company is not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links or referrals to such websites or resources do not imply any endorsement by or affiliation with the Coaching company. The Participant acknowledge sole responsibility for and assume all risk arising from the Participant’s use of any such websites or resources.
Limitation of liability 19.1 The Participant agree that under no circumstances will the Coaching company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Coaching company has been advised of the possibility of any such damage. In no event will the Coaching company’s liability exceed the price the Participant actually paid to the Coaching company for participation in the Program. The Coaching company is never liable for any damages arising out of other participants in the Program breaching their confidentiality undertaking set out in clause 12.3
19.2 The Coaching company is relieved from liability for a failure to perform any of its obligations due to any circumstance beyond its immediate control, which impedes, delays, or aggravates any obligation to be fulfilled by the Coaching company under these Terms, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labour disputes, blockades, major accidents, pandemics (including, but not limited to the covid-19 pandemic) and currency restrictions. The Coaching company shall also be relieved from all liabilities in accordance with the provisions of the preceding paragraph in the case of a labour dispute in which the Coaching company is a party.
Indemnification 20.1 The Participant shall indemnify and hold the Coaching company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by the Participant of any of these Terms, or any use by the Participant of the Program. The Participant shall provide the Coaching company with such assistance, without charge, as the Coaching company may request in connection with any such defense, including, without limitation, providing the Coaching company with such information, documents, records and reasonable access to the Participant, as the Coaching company deem necessary. The Participant shall not settle any third party claim or waive any defense without our prior written consent.
Governing law 21.1 These Terms and all disputes which may result from the Program or other services related to the Program shall be settled by and interpreted in accordance with Swedish substantive law.
21.2 Disputes shall be settled by a Swedish court of general jurisdiction, with Stockholm District Court being the court of first instance.
Entire agreement; waiver 22.1 The Terms constitutes the entire agreement between the Participant and the Coaching company pertaining to the Program and other services related to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between the Coaching company and the Participant.
Waiver 23.1 No consent or waiver, express or implied, by the Coaching company of any breach or default of the other party in performing its obligations under these Terms shall be deemed or construed to be a consent or waiver of any other breach or default by the other party of the same or any other obligation hereunder. Any failure by one party to complain of any act or failure to act of the other party or to declare that other party in default shall not constitute a waiver by the first party of its rights under these Terms. No waiver of any rights under these Terms shall be effective unless in writing and signed by the party purporting to give the same.
Changed terms 24.1 The Coaching company has the right to change the Terms at any time. The amended Terms apply with respect to a Program with a start date after the amended Terms were posted on the Coaching company’s website.
Effect of headings 25.1 The subject headings of the paragraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Severability 26.1 If any term, provision, covenant, or condition of the Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment 27.1 Nothing in these Terms, express or implied, will confer upon any person or entity not a party to these Terms, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided herein.