Terms of Service

OVERVIEW

This website is operated by Cirillo Consulting GmbH. Throughout the site, the terms “we”, “us” and “our” refer to Cirillo Consulting GmbH. Cirillo Consulting GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or product or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.

SECTION 6 - TRAINING COURSES

The following constitute the terms and conditions to which applicants agree when booking any standard Cirillo Consulting GmbH face-to-face public class training or online learning courses. If you are agreeing to these Terms of Service not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms of Service and you are binding your company to these Terms of Service. Cirillo Consulting GmbH and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Serviceand may not use the documentation, whether printed are available online, provided by Cirillo Consulting GmbH in relation with the training (“Training Material”). Cirillo Consulting GmbH reserves the right to review and update these Terms of Service periodically at its sole discretion.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING CIRILLO CONSULTING GmbH TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

6.1 BOOKING

6.1.1 Standard training

Standard face-to-face public class training and online learning courses can be booked via the booking forms available on the Cirillo Consulting GmbH website. On submission of the face-to-face and public class training course or online learning course form you will receive an automated summary email of your selection.

Cirillo Consulting GmbH will accept your offer by entering your booking onto the Cirillo Consulting GmbH system and sending you an email confirming that you have been booked together with informations on starting your learning. Training and course purchases are valid only for the specific date and time specified in your booking.

6.1.2 Custom training

Custom trainings, service custom trainings and service engagements can also be contracted through Cirillo Consulting GmbH Services in the form of a Cirillo Consulting GmbH Customer Agreement.

6.2 PAYMENT

Training and course fees can be paid at the point of booking via Shopify, PayPal, Stripe’s ( Visa, Mastercard and American Express) secure online payment process or by bank account transfer. In all cases, payment must be received prior to start of training. If you elect to pay the fees via Shopify, all major credit and debit cards are accepted. A receipt will be sent to you by email from Shopify, Paypal or Stripe confirming payment. Shopify, Paypal or Stripe will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. Cirillo Consulting GmbH will not accept any liability for costs incurred as a result of applications deemed void in this manner. All payments are due in Euro at the time of purchase.

Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer.

6.3 YOUR OBLIGATIONS

You may not allow anyone else to access the online training courses via your log-in details. You must comply with all safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided. Cirillo Consulting GmbH reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Cirillo Consulting GmbH or its trainers. In these circumstances, Cirillo Consulting GmbH will neither refund any fees nor reimburse any other costs.

6.4 LIMITATION OF LIABILITY

Cirillo Consulting GmbH does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRILLO CONSULTING GmbH SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRILLO CONSULTING GMBH’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CIRILLO CONSULTING GMBH FOR THE TRAINING GIVING RAISE TO A CLAIM.

6.5 WARRANTY AND DISCLAIMER

Cirillo Consulting GmbH ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. Cirillo Consulting GmbH shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Cirillo Consulting GmbH shall be entitled at any time to substitute any trainer with any other person who, in Cirillo Consulting GmbH sole discretion, it deems suitably qualified to present the relevant course.

Cirillo Consulting GmbH does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions. The training courses and training materials are provided „as is“. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that you will successfully complete the course, or that any particular level of knowledge will be attained by you. Cirillo Consulting GmbH disclaims any implied warranties including the implied warranties of merchantability and fitness for a particular purpose.

6.6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All Training Material is owned by Cirillo Consulting GmbH. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio and video of all webinars and podcasts, are owned by Cirillo Consulting GmbH. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Cirillo Consulting GmbH prior permission. Any such use is strictly prohibited and will constitute an infringement of Cirillo Consulting GmbH intellectual property rights.

To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.

6.7 CANCELLATION

6.7.1 Cancellation by customer

6.7.1.1 Face to Face Public Class Course

Notice of a training registrant’s intent to cancel a registration must be made by emailing support@francescocirillo.com and is subject to the following terms:

• Training registrants whose cancellation request is received in excess of 14 calendar days prior to the start date of the training activity will incur no liabilities.
• Training registrants whose cancellation request is received within 8 to 14 calendar days prior to the start date of the training activity will incur an administration fee equal to 50% of the obligatory fee.
• Training registrants whose cancellation request is received within 7 calendar days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligatory fee.

Refunds will be processed within 28 calendar days of receiving your request via bank transfer to the original payer.

6.7.1.2 Online Learning

Notice of a training registrant’s intent to cancel a registration must be made by emailing support@francescocirillo.com and is subject to the following terms:

• Training registrants whose cancellation request is received in excess of 14 calendar days prior to the start date of the training activity will incur no liabilities.
• Training registrants whose cancellation request is received within 8 to 14 calendar days prior to the start date of the training activity will incur an administration fee equal to 50% of the obligatory fee.
• Training registrants whose cancellation request is received within 7 calendar days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligatory fee.

Refunds will be processed within 28 calendar days of receiving your request via bank transfer to the original payer.

6.7.2 Cancellation by Cirillo Consulting GmbH

6.7.2.1 Face to Face Public Class Course

Cirillo Consulting GmbH reserves the right to cancel courses, change location, change instructors, or change course content. In the event that a course must be canceled, registrants will be informed at least 14 calendar days prior to the start of the course. Registrants will be notified via email. Cirillo Consulting GmbH will make every effort to avoid cancellations. In case of a cancellation registrants will receive a refund for the full course fee.

Should a face to face public class course require cancellation or change in location, Cirillo Consulting GmbH is not responsible for travel expenses (airline/ train tickets, car rentals, hotel costs, etc.).

Refunds will be processed within 28 calendar days via bank transfer to the original payer.

6.7.2.2 Online Learning

Cirillo Consulting GmbH reserves the right to cancel courses, change online platform, change instructors, or change course content. In the event that a course must be canceled, registrants will be informed at least 7 calendar days prior to the start of the course. Registrants will be notified via email. Cirillo Consulting GmbH will make every effort to avoid cancellations. In case of a cancellation registrants will receive a refund for the full course fee.

Refunds will be processed within 28 calendar days via bank transfer to the original payer.

6.7.3 Missed lessons

There will be no replacement classes or extra materials for students who missed a lesson.

6.8 CONFIDENTIALITY

Except as otherwise set forth in these Terms of Service, each party may disclose to the other party certain confidential information under these Terms of Service. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"). Any Cirillo Consulting GmbH technology, any commercial terms (including pricing) of these Terms of Service and any performance information relating to the products or services shall be deemed Confidential Information of Cirillo Consulting GmbH without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms of Service unless authorized by the Disclosing Party. The Receiving Party's non disclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cirillo Consulting GmbH, our directors, employees, affiliates, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cirillo Consulting GmbH and our affiliates, partners, directors, contractors, service providers, subcontractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the German laws.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.