Terms of Service of NIKIBRAH Limited, 1/F CMA Building, 64-66 Connnaught Road, Central, Hong Kong, Hong Kong SAR

Hello, and welcome to the NIKIBRAH Limited Terms and Conditions of Use (“Terms”). The Terms you see below are important because they: Outline your legal rights using NIKIBRAH Limited Services Explain the rights you give to us when you use NIKIBRAH Limited Services Describe the rules everyone needs to follow when using NIKIBRAH Limited Services Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration

1 Introduction & Validity Thanks for choosing NIKIBRAH Limited (“NIKIBRAH,” “we,” “us,” “our”).

(1) If you (“customer”) interacted with us, NIKIBRAH Limited 1/F CMA Building 64-66 Connaught Road Central Hong Kong

via,

Newsletter / E-Mails and/or our paid services / consultations and/or enrolling in your coaching programs and/or visiting our events / bootcamps / seminars , then the exclusive validity of these general terms and conditions (TOC) is agreed by us. We do not allow the use of our services without prior acceptance of our terms and conditions.

(2) All agreements made between you and us in connection with the respective contract result from these conditions and from individual consultation with you.

(3) The version of our General Terms and Conditions that is valid before using our services is decisive.

(4) We do not accept deviating conditions of the customer. This also applies if we do not express object to inclusion.

2 Subject of the Contract

(1) For our customers we offer the participation, execution and implementation of coaching, seminars and advisory services. Depending on your booking, the coaching and consulting services are standardized or individualized. The respective service description results directly from our offers.

(2) We provide services for customers in the areas of fitness-, health-, performance and personal development coaching. The success of certain advertising measures can only be predicted on the basis of empirical values. The customer is aware that we do not owe success in this regard. In principle, however, there is no entitlement to achieving concrete success.

(3) The customer is obliged to cooperate within the framework of the contractual relationship. He will immediately provide the necessary cooperation on our first request.

3 Conclusion of the Contract

(1) The presentation and advertising of our services on our websites, brochures or within advertisements (e.g. on Facebook, Instagram, YouTube) does not constitute a binding offer to conclude a contract with us.

(2) The contract between us and the customer can be made by telephone (video chat, telephone, etc.) or in writing. Unless otherwise agreed upon, if the contract is concluded by telephone, the customer is not entitled to receive the contract contents from us again in writing. The customer agrees that we record the call with him and / or the respective video chat for evidence and documentation purposes.

(3) By subscribing to our services via payment gateways (PayPal, Stripe, etc.) the contract will be automatically concluded.

4 Pricing

(1) Unless otherwise agreed with us, the customer is obliged to make advance payments. The agreed price is due immediately upon conclusion of the contract.

5 Duration and Termination

(1) Premature / free termination rights of the customer within the contract period are excluded.

(2) The money-back guarantee is valid up to the seventh day after the conclusion of the contract is made and is only valid if both, NIKIBRAH and customer come to an agreement.

(3) In the event of premature termination by the customer, our remuneration claim remains unaffected. The customer reserves the right to prove that we have incurred no damage.

6 Delay of Payments

(1) If the customer is in arrears with payments due, we reserve the right not to carry out further services until the outstanding amount has been settled.

(2) If the customer is in arrears with a payment, we are entitled to extraordinarily terminate the contract and to discontinue the services. We will claim the entire remuneration due until the next ordinary termination date as compensation. Expenses are to be deducted.

7 Fulfillment

(1) We will carry out the agreed services according to the offer with the necessary care. We are entitled to use the help of third parties / service providers.

(2) There is agreement that, unless otherwise agreed upon and explicitly in writing, we owe the provision of services and consulting and not the production of a certain work or result.

(3) If we are unable to provide the agreed upon services and the reasons for the impediment come from the sphere of the customer, the right to remuneration on our part remains unaffected.

8 Behaviour and Consideration

(1) Ratings (stars, comments) within social media (e.g. Google My Business, Trustpilot, Facebook) are only given by the parties by mutual agreement. Upon first request from us, the customer permanently removes a rating. This also applies after the contract between us and the customer has ended. If the customer does not remove the assessment / comment / rating that we have objected to on first request, an appropriate contractual penalty to be determined by us and to be checked by the competent court in the event of a dispute shall be deemed to be forfeited.

(2) If the customer participates in communities and groups of us (e.g. on Facebook), he is obliged to protect our interests there. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups, should the customer violate or impair the interests of us within the group / community (for example through statements that are harmful to business or other customers). In particular, the customer is not entitled to poach other customers from us.

9 Rights of Use

(1) We have exclusive copyrights for all images, videos, texts, webinars, databases, etc. that we publish (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without our consent.

(2) The customer only receives a simple right of use for the duration of the contract in relation to the content stored in the password-protected member area. This right of use serves to carry out the contract concluded individually with the customer.

(3) The customer must take appropriate measures to ensure that third parties do not have access to the content made available by us. Passing on login data by the customer to third parties is prohibited. Passing on data, insights, graphs, plans, files, PDFs, Google Drive data, and intellectual property of NIKIBRAH to third parties is prohibited

(4) Disclosure to third parties or duplication of the content stored on our platforms is strictly prohibited. If the customer reproduces content from the protected member area and / or processes it and / or passes it on to unauthorized third parties and / or enables unauthorized third parties to access our content, this will be reported to law enforcement.

(5) The customer receives no right of use in relation to advertising texts / advertisements that we have published on our websites or within forums / groups.

(6) Violations of paragraphs 1 and 2 will be reported to a law enforcement agency.

10 Liability

(1) We are excluded of liability for damage to life, body or health. Our customers agree to use our consultation services on their own risk.

(2) Within the scope of his duties to cooperate, the customer is only obliged to provide us with such image / video / sound material that is free of third party rights. The customer releases us from any claims by third parties due to the violation of intellectual property.

11 Data Protection

(1) The protection of personal data is our top priority. We therefore inform separately in our data protection declaration about the collection, storage and processing of personal data and about the rights of those concerned. You confirm that you have read our privacy policy before using our services and that you agree to them.

(2) You consent to our company contacting you by means of long-distance communication (e.g. email, SMS, telephone, messenger services). If you object to us contacting you, you must send us an email: [email protected] . In your objection email, you must state all contact options via which we can no longer contact you. Incompleteness in this regard is not at our expense.

(3) You consent to the storage and processing of all personal data you have left with us (e.g. application form: name, address, telephone number, email address, personal interests, hobbies, character issues, pictures, Google Drive Data, blood work data, medical data). You consent to the use of cookies within our services, the evaluation, storage and merging of your user behavior as well as the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies.

12 Place of Jurisdiction

(1) The law of the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR) applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) The courts in Hong Kong SAR are exclusively responsible for all disputes arising from the contractual relationship between us and the customer. However, we are also entitled to raise our claims against the customer at the customer's general place of jurisdiction.

(3) The contract language is English.

Terms and Conditions as of: 01/01/2020 © - Reproduction prohibited.