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Terms and Conditions

The Legal Stuff

If you are in a crisis or any situation where you are considering self-harm or harm to others, require medical attention, or facing any other emergency, please contact 999, 911, or other emergency number for help now. This website is not designed for mental health crises or any emergency situation.

 

Welcome to the Bessern Community! Thank you for considering using our coaching services.

Your first task as a Bessee (that’s the name we call our Bessern community members), is to read the terms below for the legal stuff.  Sorry, our lawyer made us do it!  😌 .  Pretty please and thanks!  🙏🏼 

 

A. Terms of Use

By using and accessing the Platform or the Bessern App (collectively the “Platform”), you agree to all the terms and conditions below, which may be updated from time-to-time without notice to you.   

Us” or “we” refers to the awesome Bessern team and Bessern the company and “our” denotes the ownership by the Bessern team and Bessern the Company.

Of course, “you” just means you, our fabulous Bessee.

 

1. No Illegal or Unethical Purposes or Activity

You may use the Platform only for lawful purposes and you agree to comply with all local or international laws and rules applicable to you, in the country in which you are accessing the Platform, regarding online conduct.

Please don’t do anything illegal or unethical!

 

2. Be Kind and Act with Integrity

Kindness and Integrity are two of Bessern’s core values and we hope that our Bessees will also operate on these principles on the Platform.

We love creative expression and being able to share our thoughts freely.  However, hate speech, harassment, or any type of talk or activity that promotes discrimination, disrespect, or a lack of tolerance in any way will not be permitted.

You agree that you will not use the Platform in any way that could restrict anyone else’s use of the website or in any way that could disrupt, interrupt, damage the Platform or general systems or networks, including, but not limited to using or introducing any device, software, virus, worms, spam, or any other malicious or otherwise harmful object that could otherwise impair the Platform or harm other Bessees in any way.  That is just not cool and could cause a lot of problems for many people!

In addition, you not use the Platform to send any:

(a) unsolicited messages, advertisement or promotion of goods and services;

(b) malicious software or code;

(c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;

(d) content that infringes a third party right including intellectual property rights;

(e) content that may cause damage to a third party;

(f) content which may constitute, cause or encourage a criminal action or violate any applicable law.

Before posting, just ask yourself if Grandma would approve of that comment.

Remember, your posts are not private and may not be anonymous.

3. Age Requirement

By registering to be a Bessee, you agree that you are legally able to enter into a contract, i.e. of the legal age of majority in your country which is 18 years of age in many countries and 21 in the United Arab Emirates (UAE).

Age of majority means you are no longer a minor and have legal control over your own actions, and decisions, unlike minors whose parents have control and legal responsibilities over them.

While we love children and teens (well, most of the time)), the Platform is only for adults and people who have reached the age of majority.  Sorry, kids!

 

4. Consent to Communications and Notices

By registering and continuing to use the Platform, you are explicitly giving us consent to send you newsletters and other communications.

Don’t worry, you may opt out of our subscription at any time or send us a message by e-mailing: contact@bessern.co. We will be sad to see you go, but we will take your name off our list.

5. Honesty is the Best Policy

Well, maybe not when your three-year-old child/cousin asks you if you like her drawing of you,  but in most other situations and definitely when you are providing information on the Platform.

By using the Platform, you are agreeing that you are providing accurate, truthful, current, and complete information. Otherwise, Bessern or its coaches will not be able to help you to the best of our ability and that would suck, not just because it would be a waste of your money, time, and effort, but also because we really want to help you be the best version of yourself and to make the world a better place. 

If Bessern suspects that any information you provide about your account, payment, or anything else that may be relevant, we reserve the right to terminate your use of the Platform.

6. Account Security

You are responsible for maintaining the confidentiality of your username, password, and any other information related to your Platform account.  Please change your password frequently and do not share your account details with anyone or permit anyone else to use your account.

For your account security, you agree to notify us immediately if there are any actual or suspected unauthorized use of your account.

You agree that you are solely and fully liable for all activities using your account and that you will be held liable for any losses or damages incurred through the use of your account by you or anyone else and that you will fully indemnify Bessern for any damage or loss.

You agree not to create more than one account or to create an account for someone else.  If you feel like a friend could benefit from the Platform, please purchase them a gift card instead.

 

7. Software Updates and Modifications, Interruptions, and Disruptions to the Platform

If you are using the web app, you understand that you may need to download upgrades, updates and additional features to improve, enhance, and further develop the app or Platform. 

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we take commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible.

As such, you understand that we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

The Platform may change from time to time and Bessern may stop (permanently or temporarily) providing (some of) the services (or features within the services), possibly without prior notice to you.

You understand and agree that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, to you specifically or to all users, at any time with or without notice to you.

You agree that we will not be liable for any such actions or for any losses or damages that may be caused by such actions.

 

8. Your Responsibility

You agree that you are using the Platform for your own personal use only and not on behalf of anyone else except in the case of a gift card purchase.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following:

(a) your access to or use of the Platform;

(b) any actions made with your account by anyone;

(c) your violation of any clause in this Agreement;

(d) non-payment for any of the services or products provided through the Platform;

(e) your violation of any third party right, including, but not limited to, any intellectual property right, publicity, confidentiality, property or privacy right.

This clause shall survive expiration or termination of this Agreement.

 

B. Services and Products

The Platform provides:

(i) coaching services (“Coaching Services”) and startup, innovation, and general business guiding services for entrepreneurs (“Guiding Services”) (together called the “Services”); and

(ii) products such as e-books, videos, podcasts, and other such digital products (“Products”).

 

1. Not Medical Advice and Not for Emergency Situations or Crises

Please contact 999, 911 or any applicable emergency number if you are in an emergency or crisis situation.If you are considering self-harm, suicide, or harming others, do not use the Platform, but seek immediate attention from a mental health professional.

 

The Platform is only for coaching services and not designed to handle any such emergency cases.

 

You acknowledge and agree that the Platform, Coaches on the Platform (the “Coaches”), and Guides on the Platform (“Guides”) are not trained or experienced to handle any clinical diagnosis and are not medical professionals.Any articles, content, or other information on the Platform or from a Coach should not be considered medical advice.

 

Bessern does not state or guarantee that any particular treatment or practice is safe, appropriate, or effective for you nor does Bessern endorse any specific practice, methodology, test, medication, product, or procedure.

 

You should always talk to an appropriately qualified health care professional for diagnosis and treatment. Please do not ignore any advice you may have received from a medical or health professional due to any information you may have received through the Platform or a Coach.

 

 

 

2. Not Legal, Financial, Accounting, or Business Advice

You acknowledge and agree that the Platform, Coaches on the Platform (the “Coaches”), and Guides on the Platform (“Guides”) are not providing you with legal, financial, accounting, or business advice.

You should consult a lawyer, financial Guide, accountant, or other specialized business professional for such matters.

You also acknowledge and agree that every action you take is based on your own decision and free will, and that the Coach or Advisor is not advising or asking you to do anything in particular.

We specifically disclaim any liability for any reliance on the Services as legal, financial, accounting, or business advice.

 

3. Qualified Coaches and Guides

 

All the Coaches on the Platform (the “Coaches”) have been selected and interviewed to ensure that they are certified, experienced coaches who uphold the Bessern Core Values.

 

All the Guides on the Platform have a wealth of experience in their relevant fields and have also been selected and interviewed to ensure they uphold the Bessern Core Values as well.

 

We have especially chosen them because they are great at what they do and because they are pretty awesome people too!  

 

4. Independent Contractors

As awesome as they are, the Coaches and Guides are not Bessern’s employees, agents, or legal representatives in any way, but are independent contractors and external service providers to Bessern.

5. Intermediary Role

Bessern’s role is limited to being a marketplace and portal that enables Bessees to purchase products and services from the Coaches and Guides.

You understand and agree that all such products and services are the responsibility of the Coach or Guide who provides them. If you feel the Services provided by the Coach or Guide do not fit your needs or expectations, please speak to the Coach or Guide to see how your interests can be accommodated. 

 

6. Coach’s Inability to Resolve Concern

In cases where:

a) the Coach or Guide does not respond to your message within seven (7) calendar days;

b) the Coach or Guide has not been able to assist you or address your concern to your reasonable satisfaction; or

c) if you remain dissatisfied after speaking to the Coach and have remaining pre-paid sessions,

please email us at: contact@bessern.co with specific details of your concern and we will do our best to resolve your concerns as soon as possible.

 

7. No Guarantees

While we have personally benefited from coaching services (and have seen others too!), you understand, agree and acknowledge that the Bessern Coaching Services or Products may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation or may not be a complete substitute for other professional services.

We hope that you will learn something, become more self-aware, be a more reflective person, and to unlock your hidden potential.  

What changes and results are possible arise directly from your personal commitment to taking actions and moving towards your goals. You, and not Bessern or the Coaches, are solely responsible for making change happen. You will get back as much time, effort, commitment, and positive attitude that you put into the coaching relationship.

That being said… we do not guarantee that you will get a job, promotion, develop super powers, be the next Mark Zuckerberg, win awards , be the best parent/spouse/friend/relative, or level up to your desired goal.  

8. Bill Payment

You agree that you will only use credit cards and any other payment methods that you are authorized to use, and that all payment-related information you provide is accurate, correct, and current at all times.

You agree to pay all fees and any charges associated with your account on time.

If you have any questions or concerns about a bill or payment, please email us at: contact@bessern.co.

9. Termination of Services

Bessern reserves the right to suspend or terminate your access to the Platform at any time for any non-compliance with these terms and conditions or for any other reason.

Besserm may also change, suspend, or discontinue all or part of the Services, temporarily or permanently, without prior notice.

Where there have been prepaid sessions or services, Bessern will refund you for any unused, prepaid Products or Services.

 

10. Gift Cards

You can purchase a gift card for a friend to be used to buy a Product or Services.

The gift card is not a credit or debit card and has no implied warranties, and can’t be redeemed for cash or be used to buy other gift cards.

Gift cards are not valid or redeemable after the expiration date stated on the Gift card.

Bessern reserves the right to deactivate or reject any gift card issued or procured, directly or indirectly, in connection with any suspected fraudulent actions.

Lost or stolen gift cards can only be replaced if an original sales receipt is provided.

Gift cards will be void if they have somehow been altered.

Bessern is not responsible for emailed gift cards that do not reach the intended recipient for any reason and we don’t make any express or implied warranties about the gift cards about fitness for purpose or merchantability.

 

C. Privacy and Data Protection

We take your privacy seriously.  Trust us, we hate spam as much as (or likely more than) you do!

More information can be found at our privacy policy which is available in our website (the “Privacy Policy”).

By registering for and continuing to use the Platform, you are agreeing to the terms of this Privacy Policy which is incorporated as part of these Terms and Conditions and may be subject to change as well.

If you happen to choose a product created by or service from a Coach or Guide located outside UAE, you expressly consent to their receipt of your information outside the country.

 

D. Intellectual Property (IP)

 

1. Bessern’s Content

All content posted on this website, including the trademark, articles, and slogan, is owned by either Bessern or the author of the article or creator of the Product.

You may not copy or otherwise reproduce the content without our consent, although you may use a URL link to the articles found here. 

Imagine how you would feel if you spent 40 to 60 hours a week at work and not get paid for it.

Our Coaches, Guides, writers, and we ourselves have worked really hard to create awesome content and it would only be fair to be paid for our hard work.

Any unauthorized reproduction of such content including the Bessern logo and slogan, will be treated as an intellectual property infringement and appropriate action will be taken accordingly.

Specifically, you agree not to:

(i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform services or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities);

(ii) share purchased Products or Coaching Services with other people.  The Products and Coaching Services that you’ve purchased are for your own personal use only (except in the case of a gift card); and

(iii) transfer, distribute, sell, lease, rent, disclose or provide access to the Platform services to any third party or use the Platform to provide services to third parties.

 

The images on the Platform are either used with the consent of the owner or from the public domain (from sources such as www.pixabay.com) which are free for commercial and non-commercial use without requirement of attribution.

This clause shall survive even after you are no longer part of the Bessern Community.

2. Your Posts

By submitting comments on the Platform, you confirm that:

a) all comments and content are your own; or

b) you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish these statements and to authorize Bessern and its Community Members to reproduce, modify, publish, and otherwise use and distribute your comments on the Platform.

You also agree that none of your comments will infringe or violate the rights of any third party, and that you and not Bessern, are solely responsible for your postings and the consequences of posting or publishing them.

By submitting your posting and comments on the Platform, you grant to Bessern a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and otherwise exploit your postings, in whole or in part, in any form and in any media formats and through any media channels.

This means that if you post a rave review about how fabulous a Product, Service, Coach, Advisor, or Bessern is , we may very well re-post it on other media like our website, social media channels, and so forth.

This clause shall survive even after you are no longer part of the Bessern Community.

E. Hyperlinks and Other Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content.

Any link (including a hyperlink, button or referral device of any kind) used in the Platform is provided for your use and convenience. This does not mean that Bessern endorses, recommends or certifies this content or third party site, nor should any link suggests that any third party website has any relationship to Bessern.

We have no responsibility for the creation of or endorse any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

Bessern is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

This clause shall survive even after you are no longer part of the Bessern Community.

 

F. Disclaimer

While we take reasonable steps to ensure that all the content we provide is true and accurate, we do not make and we expressly disclaim any implied or express representations or warranties about the information posted on the Platform or about the Services, including fitness for a particular purpose, title, non-infringement, merchantability, or that the content or that your use of the website and its content will be uninterrupted, timely, secure, or error-free. 

We cannot guarantee that the Platform is virus-free or otherwise free from any other such destructive objects.  By using this Platform, you understand and agree that we are not liable for and that we expressly disclaim any and all liability from any such damage attributable to the Platform that may arise from your use or access of our site.

All content is accessed and used on an “as is” basis and nothing on the Platform should be interpreted as professional, medical, health, or legal advice.  Rather, all content is provided here as general education and information and nothing should be construed as medical, psychological, emotional, or relationship advice, counseling, therapy, treatment, coaching, or legal advice.  Should you require professional advice of this nature, please consult a professional health care or legal professional.

We do not target any user under the age of majority and any user of the Platform declares that they are at least over the age of eighteen or the age of majority of their country of residence, whichever is greater.  

By using the Platform, Services, or Products, you are agreeing to release us and hold us harmless from any and all causes of action and any claims of any nature arising from your use of the Platform or any of the Services or Products, including (without limitation), any act, omission, opinion, response, advice, suggestion, information, and/or service from any Coach, Guide, Bessern, or any content, information or anything else from the Platform.

You understand and agree that the Platform is provided “as is” without any express or implied warranties of any kind, including, but not limited to, merchantability, non-infringement, security, fitness for a particular purpose or accuracy.

Bessern expressly excludes liability for any errors or omissions in any content, any infringement by any content of intellectual property or other rights of third parties, or for any loss or damage of any kind incurred by your use of the Platform.

The use of this Platform is at your own risk.  To the fullest extent of the law, we expressly disclaim all warranties of any kind, express or implied.

This clause shall survive even after you are no longer part of the Bessern Community.

 

G. Limitation of Liability

By using this website, you understand and agree that Bessern, its founders, Coaches, and Guides are not liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages or any costs or personal injury or any other damages, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

Your sole remedy is to stop using the Platform and all the Services and Products. The extent of any liability incurred from use of this website is limited to what you have paid for the Products or Services on this Platform over the last six (6) months.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This clause shall survive even after you are no longer part of the Bessern Community.

H. Governing Law

Any dispute between us will be governed by the laws in force in the Emirate of Dubai and the Federal Laws of the United Arab Emirates.

You agree and consent to any such dispute being subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC) in Dubai, United Arab Emirates. More specifically, you agree to resolve any dispute with the DIFC Small Claims Tribunal, where applicable and appropriate.

 

I. Entire Agreement

This Agreement and the Privacy Policy constitutes our entire agreement between you and Bessern.

You confirm that you have not relied on the promises or statements by us or a Coach or Guide except as set out in this Agreement.

We may change these terms and conditions at any time without advance notice to you.  We will post any modifications on the Platform which will be effective on the date of posting unless otherwise specified.

Please check the terms of Agreement on the Platform regularly.

The date of the updated Agreement will be listed at the bottom of the Agreement.

If you do not agree to the changes, you must stop using the Platform.

J. Other Notes

We may transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

All clauses about limitations of liabilities and indemnification, or by their nature should survive termination or expiration of the Agreement, shall survive the termination or expiration of this Agreement.

 

 

Last Updated: 18 September 2019