Terms & Conditions
General terms and conditions of elvates.com
With these general terms and conditions (“GTC”), elvates, registered under FranCorp LLC FZ, Meydan Grandstand, 6th floor, Meydan Road UAE – Nad al Sheba, Dubai (“elvates”) regulates the contractual relationship between elvates and you as the customers (the “Customer”) with regard to services that fall under the Distance Learning Protection Act “FernUSG”. Elvates and the Customer are also referred to collectively as the “Parties” or individually as the “Party”.
Preamble
(A) Elvates offers a program for women who work or want to work in management positions. This includes, among other things, digital live sessions, prerecorded videos, and access to the platform, on which the afore mentioned services are offered.
(B) The prerecorded videos can be watched whenever it is convenient for the customer. The live sessions enable an exchange between the customers and the trainer. If necessary, individual questions from customers will also be addressed during these live sessions.
1. Scope
1.1) These General Terms and Conditions in their currently valid version apply exclusively to the conclusion of the contract and the use of Elvates’s services by the customer, unless otherwise agreed in writing.
1.2) Conflicting, deviating or supplementary conditions (in particular general terms and conditions) of the customer do not apply unless Elvates expressly agrees to these in writing in individual cases. These General Terms and Conditions also apply in the event that elvates provides its services to the customer in the knowledge of conflicting or different conditions.
1.3) Elvates can adapt these terms and conditions at any time due to changing legal requirements. In the case of an already existing contractual relationship with the customer, the changed General Terms and Conditions will be sent to the customer by email no later than one (1) calendar month before they come into force. The change is deemed to have been approved by the customer if the customer does not object in writing by the time it comes into force and continues to use the services. Elvates points this out to the customer in the change notification.
2. Conclusion of contract
1.1) The contract between elvates and the customer regarding the coaching is concluded as follows: The customer first registers on the elvates website, stating the name and email address, in order to be contacted and receive all further information. After the application has been examined at elvates’s discretion, the customer will receive feedback by email within five working days as to whether participation in the program is possible. In the event of a positive result, this will constitute a binding offer from elvates to conclude a contract (the “Offer”).
2.2) The offer contains
2.2.1) these General Terms and Conditions,
2.2.2) Information on essential features of the program, such as the type and validity of the course completion, the location, duration and frequency of the program, as well as information about the agreed time intervals for the delivery of the training content, as well
2.2.3) a link to the elvates platform, on which the customer can provide all the required information in a mask to conclude the contract and – if the corresponding order is placed (see section 2.3) – can pay the course fees.
2.3) The offer to participate is valid for 5 working days after receipt. After providing the mandatory information in the mask, the customer can accept the offer by paying the fee.
2.4) In addition to these General Terms and Conditions, the program description in section 2.2.2 also becomes the contractual subject of the program.
2.5) After conclusion of the contract and usually seven (7) to fourteen (14) days before the start of the program, the customer receives from elvates her access data to the platform and thus access to the program content.
2.6) Upon conclusion of the contract, the customer also receives the right to continue to use the platform for networking, e.g. with former coaching participants, for 3 months after the coaching has been completed. The respective terms of use apply to the use of the platform.
2.7) By accepting the offer, the customer assures that the data provided is correct and complete. The customer must inform elvates immediately of any changes to her information.
3. Participation fee
3.1) Details about the participation fee can be found in the program description.
3.2) In addition to the program, the participation fee also includes access to the platform as regulated in these General Terms and Conditions.
3.3) The participation fee for the program is a fixed price.
3.4) The customer is not entitled to a right of offsetting or retention unless the counterclaim is not disputed by elvates or has been legally established
4. Right of withdrawal
The customer has a right of withdrawal.
You have the right to withdraw from this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must contact us via mail:
FranCorp LLC FZ
Meydan Grandstand
6th floor, Meydan Road UAE – Nad al Sheba, Dubai
Inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or by email). You can also use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of withdrawal: If you withdraw from this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than that offered by us , have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract comparison with the overall scope of services provided for in the contract.
End of revocation
5. The customer’s obligation to cooperate
5.1) The customer is responsible for providing an internet connection and the other technical requirements (such as having an internet-capable computer or similar device) for participation in the program. Elvates is not obliged to check whether the customer has the technical requirements for participation.
5.2) There are no claims against elvates if the customer has not fulfilled the obligation to create the technical requirements.
5.3) Participation in the program is personal and non-transferable. The customer is obliged to keep her access data secret, to protect it from access by third parties and not to pass it on to third parties. In the event that access data is lost or becomes known to unauthorized third parties, the customer must immediately inform elvates in text form so that elvates can, if necessary, have access blocked (see section 7). The customer is responsible for all actions taken using her identifier.
6. Rights of use
6.1) Elvates grants the customer a simple, revocable, unlimited, non-transferable and non-sublicensable right to use the program content made available on the platform as part of the program for their own, private purposes in connection with the subject matter of the contract.
6.2) After the contract is concluded and before the program begins, the customer receives the access data for the platform. In particular, the customer is prohibited from reproducing the video content provided by elvates, publishing it or transferring it to third parties in any other way, exploiting it or using it or allowing it to be used for the purposes of third parties.
6.3) All publications by elvates are protected by copyright. Any reproduction, distribution and/or public reproduction or publication requires the prior express written consent of elvates and, if applicable, that of the author.
6.4) Elvates reserves the right to claim damages in the event that the customer culpably enables unauthorized third parties to use the services. In the event of unauthorized transfer of use to third parties, the customer shall immediately inform elvates upon request of all information necessary to assert claims against the third party.
7. Liability
Elvates is liable in accordance with the statutory provisions.
8. Certificate of Completion
After completing the coaching, the customer receives a certificate of completion for her participation. For the avoidance of doubt, the program s not intended to prepare for a public or other external examination.
9. Contract term and termination
9.1) The contract begins with the paid booking of the program (see section 2.3) and ends after the program has been completed.
9.2) The customer is granted an extraordinary right of withdrawal. The deadline for asserting this right of withdrawal is 14 days and begins on the day on which the first coaching session takes place. It is not necessary to provide reasons to assert this special right of termination.
9.3) The right of the parties to terminate the contract for good cause remains unaffected.
9.4) Termination must be in text form.
10. Blocking of access data
10.1) Elvates can block the customer’s access to the platform and thus to the program at any time, in whole or in part, if (i) the customer violates the General Terms and Conditions (in particular the obligations to cooperate according to Section 5) or (ii) there is a risk of There is damage to or impairment of elvates’s platform or a risk of harm to the general public.
10.2) If the blocking is due to a breach of contract by the customer, access will only be restored once the breach has been permanently eliminated or the risk of repetition has been ruled out by means of a cease-and-desist declaration that is subject to punishment. Elvates is not obliged to provide access again if this is unreasonable, for example if the reason for the blocking also entitles elvates to terminate the contract without notice.
10.3) If the customer account was blocked due to the customer’s behavior, the customer is not entitled to assert claims against elvates.
11. Right to Data Access, Rectification, and Erasure
In accordance with GDPR, customers have the right to access, rectify, or delete their personal data stored by elvates at any time.
To exercise these rights, please contact us at privacy@elvates.com.
12. Data Security Measures
Elvates takes appropriate technical and organizational measures to protect personal data from unauthorized access, misuse, or disclosure.
These measures comply with the highest industry standards to ensure data protection and security.
13. Data Sharing and Third-Party Transfers
Elvates will not share personal data with third parties without explicit consent from the customer unless required by law or for the fulfillment of services as agreed in the contract.
Data transfers outside the EU/EEA will only occur under adequate safeguards to protect personal data.
14. Data Protection in UAE Compliance
Under the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data in the UAE (PDPL), elvates is committed to protecting customer data within the UAE.
Personal data will be processed in accordance with PDPL requirements, including customer rights to consent, access, and rectification of data held by elvates.
15. Governing Law and Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of the United Arab Emirates (UAE).
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.
16. Dispute Resolution
16.1 Customers within the EU have the right to lodge complaints regarding data processing with their local Data Protection Authority.
Elvates is committed to resolving all data-related disputes in compliance with EU law and GDPR requirements.
16.2 In case of any disputes arising from the use of our services, the Parties agree to first attempt an amicable resolution through negotiation or mediation within the UAE.
Should this fail, the matter will be resolved through arbitration under the Dubai International Arbitration Centre (DIAC), in accordance with UAE laws.
17. Company Information for UAE Compliance
Elvates operates under FranCorp LLC FZ, located at:
Meydan Grandstand, 6th Floor,
Meydan Road, UAE – Nad al Sheba,
Dubai, United Arab Emirates
18. Final provisions
18.1) Place of jurisdiction is UAE.
18.2) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this will not affect the effectiveness of the remaining provisions.
As of September 2024