Terms of Service

 

crossculture2go Terms of Service Updated: September 15, 2020

Welcome to crossculture2go! Please, read these Terms of Service carefully before using the Website and/or Services. If you do not accept these Terms of Service, please do not use the Website and do not click “buy now“ (or similar) or do not use the Services otherwise.

General Information

These Terms of Service describe the terms and conditions applicable to your access and use of the website. The crossculture2go website means www.crossculture2go.com (the “Website”) and is an online platform intended to be used by individuals seeking support (users) and coaches in connection with the Services. Our platform is designed to support users through videos, eLearning courses, Blended Learning modules and live sessions with coaches (pairing of individuals seeking support (users) and coaches) as well as for companies searching for coaches and experts to teach its employees, by using crossculture2go LMS and crossculture2go video solution as an online video room, accompanied with other services and features available through the Website and crosscculture2go blog and its applicable features, including article(s) writing and commenting (the “Blog”), collectively – the “Services”.

The Services include a platform for assisting users (persons and/or companies) seeking online support through video learning, elearning and live sessions with coaches. Use of the Services of crossculture2go (as defined above) is subject to these Terms of Service (the “Terms”) and any other rules or policies that are published on the Website.

You agree that by using services and providing the respective consent, you are agreeing to enter into a legally binding contract with crossculture2go and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a company, on behalf of the employee represented by you, that uses our Services.

You are entering into these Terms with crossculture2go GmbH, a company (GmbH) registered and organized under the laws of the Federal Republic of Germany (the “Company”). These Terms, as well as the Right of Revocation Policy, Privacy Policy and Cookie Policy are legally binding agreements governing relationship between crossculture2go and any user or visitor of the Website and Services.

GDPR Commitment

As a user of our Services, the collection, use and sharing of your personal data is subject to the General Data Protection Regulation (GDPR) and the respective updates. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy

Amendments to the Terms

At our sole discretion, we reserve the right to change, delete, or add parts of the Terms or terminate the Services at any time. However, if we do this, we will notify all users of the updated Terms and indicate at the top of this page the date these Terms were last revised. If you continue to use the Services after any such changes, you agree to act in accordance with these new Terms. If you do not agree to abide by these or any future Terms, you are not permitted to use the Website or Services.

Using the Website

  • As a registered user or coach at crossculture2go.com, it is your responsibility to keep your login information safe and to restrict access to your computer. You agree to accept responsibility for all activities that occur under your account regardless of who actually uses your account name or password. You are required to immediately and unambiguously inform the Company, if you think your personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
  • You are solely responsible for the information or content you publish through the Services.
  • No section of this Website, such as personal information or copyrighted text may be modified, edited, reproduced, copied, sold, or otherwise exploited for any commercial purpose without the explicit written authorization of the Company.
  • You may not make any commercial use of data mining, robots, or similar data gathering and extraction tools. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information. You may not use framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form).
  • You will not communicate content on the Website, transmit to other users, or otherwise engage in any activity on the Website or through the Service, that:
  • collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is tends to harass, annoy, threaten or intimidate any other users of the Website or Services;
  • promotes involvement in or support of a political platform, religion, cult, or sect;
  • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
  • contains others’ copyrighted content (e.g., articles, videos, photographs, images, etc.) without obtaining permission first;
  • contains video, audio, photographs, or images of another person without their permission (or a minor’s legal guardian);
  • promotes illegal activities;
  • intended to defraud or deceive other users of the Services;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • disseminates or otherwise discloses another person’s personal information, or collects another person’s personal information for commercial or unlawful purposes;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • solicits gambling or engages in any gambling or similar activity;
  • uses scripts, bots or other automated technology to access the Website or Services;
  • uses the Website or Services for chain letter, junk mail or spam emails or is in any way used for or in connection with spamming, phishing, trolling, or similar activities.

The Company reserves the right to terminate your account, or delete your profile and any content or information that you have posted on the Website or prohibit you from using or accessing the Service or the Website (or any feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice. Reasons for termination may include, but are not limited to, breaches of the conditions listed within these Terms such as harassing users or coaches, engaging in illegal activity on the Website or creating a fake account.

Crossculture2go may update the Website and change the content from time to time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. The Company does not guarantee that the Website, or any content on it, will be free from errors or omissions.

Prices and descriptions are outlined in the respective sections and are subject to change without notice.

Using Courses and Videos

When you purchase a course or video, you are getting a limited, non-exclusive, non-transferable license to access and view the course or video solely for your personal, non-commercial, educational purposes via the platform. Courses and videos are licensed, and not sold, to you. This license does not give you any right to resell the course or video in any manner (including by sharing account information). You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement

We generally give a lifetime access license. However, we reserve the right to revoke any license to access and use courses or videos at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.

Using the Coaching Services

  • Coaching is not a medical, mental health or any other type of health service. It is not psychotherapy or mental health counselling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. Coaching cannot substitute for, and is not an alternative to, medical or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental health conditions or illnesses from physicians, psychologists, and other licensed healthcare and mental health professionals.
  • You will only use the Services in accordance with all applicable local, state, provincial, territorial, federal, national and international laws and regulations. If the Services are not legal in your jurisdiction, you may not use the Services.
  • Due to our coaches being located in different time zones we try to provide you with a seamless 24/7-hour coaching option. However, we cannot guarantee that coaches will always be available at a certain time since it always depends on the respective coach at which times they are able to work. To avoid disappointment, we suggest you book at least 3 days in advance.

Further, you acknowledge and agree that you shall act in accordance with the following safe guarding policies before, during or after any online coaching session:

  • You may not provide any false information, such as a false e-mail address, pose as any other person, or mislead as to the origin of yourself or of any content you may contribute.
  • As a client, your use of the Service must be for legitimate reasons.
  • As a coach, you will not advertise or solicit any user to buy any products or services not directly related to the coaching services provided through www.crossculture2go.com
  • You will not harass, intimidate or threaten any users or coaches.
  • The Company retains the right, but has no obligation, to monitor the information a coach or a client submits to the Website. The Company has the right to remove any such information without notice.
  • Although we may approve of a coach, you understand that the Company is unable to guarantee the accuracy of information provided to you by or about coaches and that the Company is unable to guarantee that any user is who he or she claims to be.

Disclaimers and Limitation of Liability

  • The information and Services offered on or through the Website are provided “as-is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
  • We cannot guarantee and do not promise any specific results from the use of the Website, the Services, or the information provided on the Website. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with coaches listed on the Website. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
  • As a coach, you agree that the Company disclaims any liability with respect to any claim, suit or action brought by a user in connection with the provision of any coaching services by you through the Website, and you agree to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom. We will not be liable for enforcing any agreement that was made between you and any client or other members, including fee agreements. You further acknowledge that you will solely be responsible and liable for any damages to any member to whom you provide coaching services and where that member suffers damages arising from or connected to such services.
  • The Company is not responsible for ensuring that users of the Services are in compliance with the agreement between client and coach. You agree to take all necessary precautions when communicating with individuals through any of the Services.
  • The Company cannot take any responsibility for wrongly displayed information, such as coaching fees or available time slots.
  • We do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Website is free of viruses or other harmful components.
  • We do not warrant or make any representations regarding the use or the results of the use of the Website or materials on the Website or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
  • The Company does not make any guarantees regarding the earnings through the use of our Website.
  • Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk. In no event will the company or its directors, officers, advisors, employees, contractors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Website or the Service.
  • For greater clarity, the Company shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, liability arising out of or in any way connected with or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise.
  • Under no circumstances will the Company be responsible for any loss or damage or personal injury or death resulting from anyone’s use of the Website or the Service or any interaction between users of the Website, whether online or offline.

Code of Conduct for coaches

  • Once you have received, read and agreed to our onboarding information and consequently have submitted your coach profile, you will be able to offer your coaching services to users as described in your coach profile.
  • You agree that all interaction with the client shall be professional and respectful.
  • You agree that you will keep all information that you learn from any client as completely confidential. Exceptions to this are when you are required by law or whenever an immediate risk to someone may be involved.
  • You are solely responsible for keeping your session schedule updated.
  • You are solely responsible for setting your own gross coaching fee levels when using the Website to display your coaching offers. It is also your responsibility to regularly check that the fees displayed on your coach profile are correct. The Company cannot take any responsibility for wrongly displayed coaching fees.
  • You agree that the Company deducts VAT and a commission fee of the net coaching fee per session before any generated coaching revenues are paid out.
  • Once a client has scheduled a coaching session, you may not request that the client pays a higher price than in the scheduling request.

Payment

For individuals – we take online payments for all major credit cards via the payment processor Stripe (a 1.9% Admin fee applies) and payment via Paypal (regular Paypal fees apply).

For companies – we take online payments or payment by bank transfer and ask for payment upfront, unless it is for long term team projects or is agreed upon.

To join your online coaching session, payment must be made.

Please look also up your Right of Revocation by clicking here.

Payment plans

Payment plans are not part of our regular offer. If we offer them on an individual basis we operate instalment plans through our secure payment system known as Stripe. It works as a monthly direct debit from your bank account and over the duration of your booked program.

Stripe handles the payments, we do not hold nor see your account details. If you wish to work with us intensively, over say a shorter period, we can spread the cost over the same duration.

An admin fee of 1.9% after your first initial payment, per instalment does apply to all instalment plans.

Payment Plan payments and frequency do not necessarily reflect the number of sessions or frequency of your sessions. The payment option is designed to spread the cost over a period of time to make it accessible and manageable for some of our clients. In exceptional situations, we can discuss reworking the plan if required.

Discounts

Any special discounts will be valid for a limited time only, which will be outlined clearly to you. Discounts cannot be applied in relation to any other offers. Individual payment plans are not eligible for discounts.

Coach session cancellation

As a client, you are solely responsible for honouring any confirmed coaching session appointments. If you choose to enter into a transaction with a coach by scheduling an appointment via the Website, you acknowledge and agree to the following terms of our cancellation policy:

  • The free cancellation period in our booking system is set at 48h prior to the scheduled session start time. You will not be entitled to a refund if you do not show up for a coaching session without having provided at least 48 hours’ notice of cancellation. You can do so in the section “My Purchases” of the Website.
  • Any amount of time you are late will not be added to the coaching session time, unless the coach offers to do so.
  • Any refund after cancellation will be issued within 10 working days.

In exceptional circumstances, for example, illness or bereavement or other urgent commitments, the coach may decide to terminate the user’s service early or may not provide the client with further coaching sessions. In such circumstances, any advance payments made for coaching sessions not provided will be reimbursed to the client.

If you think that you have been improperly charged for a coaching session that was cancelled and you require a refund, please contact us at support@crossculture2go.com

Coach session rescheduling

To reschedule a coaching session, please contact us at support@crossculture2go.com and we will assist you. This must be done a minimum of 48 hours prior to the starting time of the booked coaching session. If the coach is unable to accommodate a new suitable session time, you are entitled to a full refund.

If you attempt to reschedule your appointment with less than 48 hours notice and the coach is unable to accommodate you, your coaching session will be forfeited without refund.

In exceptional circumstances coaches may need to rearrange a coaching session and will use reasonable endeavours to provide a mutually satisfactory alternative session appointment to the client.

If you think that you have been improperly charged for a coaching session that was not rescheduled correctly and you require a refund, please contact us at support@crossculture2go.com

Satisfaction Guarantee for courses

If you are not satisfied with an eLearning course you can get your investment back during the first 3 days after purchase. Please contact us at support@crossculture2go.com

Please note that due to their low pricing purchased videos are not part of our satisfaction guarantee.

Copyright and intellectual property

The Company adheres to copyright law and can terminate, in appropriate circumstances, the accounts of users or coaches who infringe or are believed to be infringing the rights of copyright holders.

The Website, Services and all content available on the Website and/or Services, including, but not limited to, all worldwide intellectual property rights in the Website, Services and content, and the trademarks, service marks, and logos contained therein, registered and unregistered are owned by the Company and its licensors. Except as expressly permitted, you may not copy, further develop, reproduce, republish, modify, alter download, post, transmit, broadcast, or otherwise use the Website, Content, or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website, Content, or Services.

Any content used from a third party remains property of the third party.

Links to other websites

Our Website may contain links to third-party websites. The Company has no control over these websites and their content or resources and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such third-party websites. You further agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services

Liability of user generated content

The Company accepts no liability whatsoever for content generated by its users and coaches or for the activities of its users and coaches. These cannot be attributed to the Company, nor do they represent the Company’s opinion. This disclaimer also applies to links set up by users or coaches on pages within the Company’s website.

All users and coaches of the Company’s website bear sole and exclusive responsibility for the content and contributions input by them and for activities undertaken by them. The Company does not audit user-generated content or other user or coach input prior to its publication on the Internet.

For any questions

Please contact us via the Contact Us form or email us at support@crossculture2go.com


We do not participate in dispute settlement procedures before a consumer arbitration board and we are under no obligation to do so.

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at www.ec.europa.eu/consumers/odr