Welcome to Monika Lerch (“Monika Lerch,” “we,” “us,” or “our”)!
We welcome you to our platform and invite you to access our products and services, including our website, social media channels, personal coaching, coaching programs, and other offers.
The following terms & conditions, along with our disclaimer and privacy policy, (“the Agreement”) govern the use of our content, platforms, channels, products and services.
By accessing, viewing, or using our site, channels, and products/services, you agree to these terms and acknowledge that you have read, understand, and agree with them. Monika Lerch may revise these terms at any time without notice, in which case the modifications will become effective on the day they are first posted to this site. If you continue to use this site, our channels, and/or our products and services you agree to the revised Agreement. If you do not agree to any of these terms, please do not use our offers.
1. Description
We hope you enjoy and find our content and offers valuable!
We provide visitors on our website and our channels (“Visitors”) the opportunity to explore our free content and benefit from our expertise. Visitors are people who do not register with us and do not buy any products or services from us.
Moreover, we provide clients (“Clients”) with all of the above opportunities that visitors have, as well as access to coaching services and products such as 1:1-coaching, online coaching programs, group coaching, etc., in exchange for which they pay the respective fees and taxes.
In addition to providing our Visitors and Clients with information, the other purposes of our website include allowing them to join our mailing list, sign-up for free gifts, place orders to purchase our products and services, and provide a possibility for them to contact us. Any other use of this site is prohibited.
2. Scope of Work
Monika Lerch is a certified life coach and psychosocial coach/counselor in accordance with Austrian trade law.
Through our website, social media channels, products and services, and other free offers, we bring you a variety of (paid and unpaid) informational content, materials, and otherwise helpful resources that are aimed to support you in matters pertaining to personal development, life coaching, crisis management, change management, and other topics. All of our products and services are nonobligatory and we are free to make changes to them whenever and however we see fit.
Any personal development and change process is a highly individual and personal process and is 100% dependent upon your decisions and actions. As such, we cannot guarantee or take responsibility for any success or results achieved or not achieved.
By using our free content, and/or our products and services, therefore, you agree to take full responsibility and agree that following any information or recommendations provided therein is at your own risk. We make no guarantees about any success that you’ll get from our website, our coaching programs, our courses, or any of our free offers. We make no guarantees of any kind regarding any results that wish to be achieved, as any success is completely dependent on the Visitor’s and Client’s actions. The decision on how to use any information, recommendations, or insights provided by us lies completely with you, and, therefore, you are solely responsible for any success achieved or not achieved.
As such, Monika Lerch cannot be held liable in any way for any actions taken based on our content.
3. Disclaimer and Insurance Coverage
Monika Lerch holds the following qualifications and does not represent or warrant that she has any professional qualifications outside of the ones listed below:
- Bachelor of Science (International Business)
- Master of Arts (Executive Management)
- Certified Psychosocial Coach / Life Coach
Monika Lerch is not a psychotherapist. As such, we do not offer psychotherapy and our products and services cannot replace it. The use of and participation in our products and services assumes normal psychological and physical capacities on your part. All of our coaching products and services represent free, active, and self-responsible processes.
Any conditions with pathological significance should definitely be addressed with the help of a medical professional and as part of medical treatment. Clients agree to the disclosure of any and all such information before the commencement of a coaching process and/or in case of the emergence of such conditions during a coaching process. In such cases and if we deem it appropriate, we may terminate the provision of our products and services. Your physical and psychological health and well-being before, during, and after working with us is fully your responsibility. Any actions you take or decisions you make are on your own responsibility.
4. Products & Services
In addition to a multitude of free content and offers, Monika Lerch offers paid products and services for our clients and for personal and private use only.
In exchange for the right to use our paid products and services, we will charge the respective fees and taxes which are indicated on our website (expressed in gross prices and euros). Any deviations from our regular prices and conditions will have to be negotiated and recorded in written form prior to the acquisition and use of our products and services.
The bill will be sent per mail to the email address provided by the client and is due and payable immediately upon receipt of the bill. You agree to provide current, complete, and accurate billing and/or credit card information. In the case of default in payment, Monika Lerch is not obligated to provide any products or services to the client until the full payment has been received.
Also, clients can cancel and/or postpone an appointment by mail and free of charge up to 24hours before the previously agreed upon scheduled time. Otherwise, the full fee will be charged. Likewise, Monika Lerch is also free to postpone and/or cancel an appointment at short notice, in which case an alternative date will be offered.
Monika Lerch is under no obligation to accept any individual as client and may accept or reject any application in its sole and complete discretion.
5. Confidentiality
Any of your personal information that is obtained in the course of a coaching process and/or any other individual collaboration will be treated confidentially and with the utmost care, and will not be disclosed to third parties by us. Exempt from this confidentiality are only testimonials (see below).
Likewise, you agree to keep any information that you might obtain thanks to our offers private and to treat it confidentially, to not duplicate it, and to not disclose it to third parties.
6. Termination of the Agreement
Monika Lerch is free to terminate any collaboration and/or block visitors and clients from our site, channels, products, and services for cause and with immediate effect. Important causes are constituted by
- the breach of this Agreement and/or additional agreements between Monika Lerch and the visitor or the client, and/or
- the inability to execute our (free and/or paid) products and services for reasons that the visitor or the client is responsible for.
7. Intellectual Property
Monika Lerch owns the intellectual property rights of all material including but not limited to texts, videos, workbooks, photographs, graphics, images, audio files, and other material provided as part of our website, channels, products and services (collectively referred to as the “Content”).
All publicly-available Content may be viewed by visitors for their own personal, non-commercial use. Likewise, clients who have purchased further products and services from Monika Lerch may access the therein included Content for their personal, non-commercial use.
If we have Content that you can download, a revocable, non-exclusive license is granted for you to download copies of the materials for personal, non-commercial transitory viewing only. You may not transfer the Content to another person or “mirror” the materials on any other server.
Other than that, you have no rights in or to the Content and you agree not to use the Content except as permitted under this Agreement. Any other use is only permitted with the prior written consent of Monika Lerch. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or other platforms for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content whether in electronic or printed format. Also, if you violate any part of this Agreement, you will be blacklisted from any future programs.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
8. Testimonials
We love to celebrate our community members and to inspire and cheer each other on. By signing up for our programs and courses, you waive the right to anonymity and any testimonials including unofficial testimonials and words of praise via Instagram stories, public Facebook posts, or other public platforms, and direct messages with Monika Lerch have the potential to be used on our marketing materials and/or any promotional efforts. You understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
9. Electronic Communications and Electronic Signatures
If you transmit any affirmation, assent, or agreement through our website, you agree to be bound by it. This includes, but is not limited to, any consent you give to receive communications from us solely through electronic transmission (such as electronic newsletters, promotional mails, etc.). By clicking on an “I agree,” “I consent,” or other similarly worded “button” or entry field, your consent will be legally binding and enforceable.
10. Compliance with Applicable Laws
Monika Lerch is based in Austria. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Austria. If you access our Content and products and services from outside of Austria, you do so at your own risk. Whether inside or outside of Austria, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. External Parties
On our website, our channels, and in our products and services we may point to content on/from and link to websites of third parties (“External Parties”). All such indications and linked sites, materials, and pages are not under the control of Monika Lerch and are not an endorsement by us of the content on the platforms of these External Parties. We are not responsible for the content of these External Parties and cannot be held accountable for any losses or damages incurred as a result of the use of any External Parties’ content, website, and information. These referrals are provided by us for your convenience, and to offer you the possibility to interact with Monika Lerch on different platforms. If you decide to interact with these External Parties, you do so at your own risk.
12. Limitation of Liability
Any and all offers of Monika Lerch are provided on an “as is” and “as available” basis without any warranties of any kind.
In no event shall Monika Lerch or our affiliates and providers be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information provided on our site, our channels, or in our products and services, regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Monika Lerch or any of our providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information provided on our site or any other products, services, or information offered, sold, or displayed on our site, your use of, or inability to use, our site generally, or otherwise in connection with this agreement, regardless of whether Monika Lerch or any of our providers have been notified orally or in writing of the possibility of such damage.
13. Severability
If any term in this agreement is found to be void or voidable, the remaining terms are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
14. Waiver
Any failure to act on or enforce any provision of this Agreement on our part does not constitute a waiver of that provision or any other provision in this Agreement, or of future subsequent enforcement of that or any other provisions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and Monika Lerch with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings are provided merely for convenience and shall not be given any legal import.