LAST UPDATED DATE: JULY 01, 2023
This page states the “Terms & Conditions of Use” under which customers and users (collectively “Users”) may use any Website under the control of TEREBINTH LEADERSHIP ADVISORY LIMITED or “Company” (whether partial or otherwise). Access to this Web site and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read these Terms & Conditions of Use. By proceeding further, you will be deemed to have accepted them.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
SECTION 1. COACHING AGREEMENT
This Agreement is entered into by and between: Terebinth Leadership Advisory Limited, Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong (Coach)
The Person, Persons, Organisation or Company signing up to the proposal (Client)
Whereby Coach agrees to provide Coaching Services for Client focusing on the services and activities opt or ordered by the Client
Description of Coaching: Terebinth Leadership Advisory is a Strategic Leadership Advisory Firm offering clients three distinct sets of Leadership Consulting Competencies focusing on China (International focused), Crisis (Resilience focused), and Change (Courage focused). Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
A. Coach agrees to maintain the ethics and standards of behaviour of a professional coach.
B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time by sending an email to Mr. David Baumblatt, in [email protected]. However, the payment that paid herein shall not be refundable under any circumstances.
D. Client may reschedule their classes by giving not less than two weeks of prior notice via email.
E. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
F. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, accounting, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that I the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
G. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The parties agree to engage in a Coaching Program through Zoom meetings, pre-recorded videos and other digital medium. Client may opt for recorded session in that case, both the parties will not disclose any information without each other consent. The recorded session will be deleted by the Coach once the session over. The client will not share or sell or disclose the recorded class to the third party without written consent from the Coach. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach (describe those terms here), however it is to be noted that the Coach will not be providing instant responses and will only respond during normal working hours. Coach may also be available for additional time, per Client’s request on a prorated basis rate of (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). This additional time will be paid for on a time charge basis.
Schedule and Fees
This coaching agreement is valid as of the date of acceptance of the proposal by the client, whether by email or other formal communication.
TEREBINTH LEADERSHIP ADVISORY LIMITED services benefits are available upon successful payment providing immediate access to our Management Framework, Pre-recorded video, Virtual Library, Recommended Practices, and discounts on products, events, and certification examinations, etc.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
It is noted and accepted by the Client that the Coaching processes, systems and documentation are confidential and owned by the Coach.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
All fees paid by the client to Coach are deemed fully earned upon receipt and are non-refundable. Payment referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this agreement for whatsoever reason. No money-back warranties THE COACH MAKES NO WARRENTIES REGARDING THE PERFORMAMCE OR OPERATION OF THIS WEBSITE.
Record Retention Policy
The Client acknowledges that the Coach will retain documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than six (6) years.
Either the Client or the Coach may terminate this Agreement at any time. Client agrees to
compensate the Coach for all coaching services rendered through and including the effective date
of termination of the coaching relationship.
Either the Client or the Coach may terminate this Agreement at any time. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
The information, products and services offered on or through this Agreement or on terebinth.info services are provided on without warranties of any kind, with expressed or implied to the fullest extent permissible pursuant to the applicable law. The Coach disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Coach does not warrant that the Service, terebinth.info services site or any of its functions will be uninterrupted or error free and that defects will be corrected or that any part of the site or service that make it available are free of viruses or other harmful contents.
The Coach does not warrant or make and representations regarding the use or results of the terebinth.info services site or the service in terms of their correctness, accuracy, timeliness, and reliability or otherwise.
The coach also has a disclaimer policy which is deemed to be part of this Agreement.
The Client agrees at all times to defend, indemnify and hold harmless the Coach its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Limitation of Liability
Under no circumstances including, but not limited to, negligence the Coach, or any subsidiary, parent or associated companies or affiliates shall be liable for any direct, indirect or incidental, special or consequential damages that result from the use of the terebinth.info site or the services in any way whatsoever.
The Coach does not offer or provide any tax, legal, accountancy or investment advice and the Client is responsible for consulting appropriate professionals in this regard before acting on any information provided by the Coach or the Terebinth Leadership Advisory Limited site.
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client andCoach agree to attempt to mediate in good faith for up to 30 days after notice given. If the disputeis not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of Hong Kong, without giving effect to any conflicts of law provisions.
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
A copy of this agreement will be sent to you prior to our initial session.
SECTION 2. LINK TO OTHER SITES
This Web site contains hypertext links to Web sites not maintained by the Company or any member of Terebinth Leadership Advisory Limited. Neither Terebinth Leadership Advisory Limited or any member of Terebinth Leadership Advisory Limited endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other Web sites. No member of Terebinth Leadership Advisory Limited is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such Web site. Terebinth Leadership Advisory Limited hereby disclaims any and all liability for the content of such Web sites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such Web sites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such Web sites. The use by you of such Web sites is at your sole risk.
SECTION 3. GENERAL
Terebinth Leadership Advisory Limited makes no claims that the Materials may be lawfully viewed or downloaded outside of Hong Kong. Access to the Materials may not be legal by certain persons or in certain countries. If Users access this site from outside of the Hong Kong, they do so at their own risk and are solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the Hong Kong Courts and the Terms & Conditions of Use shall be construed in accordance with the laws of Hong Kong. If any provision of these Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.
SECTION 4. DISCLAIMER AS TO ACCURACY OF INFORMATION
Care has been taken in the preparation of the information contained on this Web site. However, we do not make any representations or warranties as to the accuracy of the information contained on this Web site.
SECTION 6. COPYING
The information contained on this Web site may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of Terebinth Leadership Advisory Limited.
SECTION 7. AMENDMENTS