TERMS OF SERVICE FOR ONE-OFF CALLS
Please read these Terms of Service (“Terms”) carefully before scheduling and participating in any one-off call (“Call”). By booking a Call with A More-Than Education with Kelly Merritt (“Provider”), you agree to be bound by these Terms.
BOOKING AND PAYMENT TERMS
To schedule a Call, you must complete the booking process on our platform and pay the associated fee in full at the time of booking.
All payments must be made via the payment method specified during booking. The Call will not be confirmed until payment is received in full.
Chargeback Policy: If you initiate or attempt to execute a chargeback without valid grounds, you will be required to pay an additional fee of Five Hundred (500.00) Swiss Francs (CHF), representing a reasonable pre-estimate of the administrative time and costs incurred in responding, in addition to any outstanding balance. In addition, your access to any ongoing or future services will be terminated immediately, and all fees already paid shall be forfeited.
Payment Disputes: If there is a dispute regarding any payment, you must notify the Provider in writing within five (5) business days of the charge. Failure to dispute within this period constitutes acceptance of the payment as accurate.
DISCLAIMERS
- The Call does not provide any form of academic credit, professional certification, or accreditation recognized by schools, universities, or licensing bodies.
- If you are under 18, you may only book or participate in a Call with the consent and under the sole responsibility of your parent or legal guardian. The parent or legal guardian accepts full liability for compliance with these Terms.
- The call shall not be used to diagnose, treat, prevent, or cure any physical, mental, or emotional conditions or diseases. Nothing the Provider says during the call should be interpreted as medical advice or professional care.
- The Provider makes no guarantees or warranties concerning the results or outcomes that may be obtained from the information provided in the Call.
- You acknowledge and agree that individual results may vary, depending on personal circumstances, actions, and efforts.
WAITING POLICY
- Punctuality: You are expected to be ready and available at the scheduled time of the Call.
- Waiting Period: The Provider will wait for up to fifteen (15) minutes from the scheduled start time. If you do not join the Call within this period, the Call shall be cancelled at the Provider’s discretion, and you will not be entitled to a refund or rescheduling.
- No Extension: If you join the Call late, the Call will still end at the originally scheduled time, and the Provider is not obligated to extend the session.
RESCHEDULING POLICY
You may reschedule the Call provided that you give at least twenty-four (24) hours’ notice before the scheduled call.
You are allowed to reschedule the Call only once. Any additional rescheduling requests will be evaluated at the Provider’s discretion.
CANCELLATION POLICY
- Cancellation by Client: If you wish to cancel the Call, you must do so in writing, which must be received at least twenty-four (24) before the scheduled Call to be eligible for a refund.
- Late Cancellation: Cancellations made less than twenty-four (24) hours before the scheduled Call time will not be eligible for a refund. The full amount paid for the Call will be forfeited.
- Cancellation by Provider: The Provider reserves the right to cancel or reschedule the Call at any time due to unforeseen circumstances. In such cases, you will be offered the option to reschedule or receive a full refund.
- Refunds for Technical Issues: If the Call cannot proceed due to technical issues on the Provider’s side, you will be offered the option to reschedule or receive a full refund. However, no refunds or rescheduling will be granted for technical issues on your side that prevent or disrupt your participation in the Call.
- If a Call cannot proceed due to a failure of the third-party platform used (e.g., Zoom, Cal.com), such failure will be treated as a technical issue outside the Provider’s control, and no refund will be granted. A rescheduling may be offered at the Provider’s discretion.
REFUNDS
Refunds will only be provided under the conditions outlined in Sections 4 and 5. Refunds will be processed within thirty (30) days of the cancellation.
BEHAVIOR DURING THE CALL
You are expected to conduct yourself in a respectful and professional manner during the Call. This includes refraining from using offensive, discriminatory, or inappropriate language, and avoiding any behavior that may be considered harassing, disruptive, or abusive.
If you engage in inappropriate behavior or violate these Terms, the Provider may terminate the Call immediately. The Provider will determine what is deemed inappropriate. In such cases, you will not be entitled to a refund or rescheduling, and the Provider may take further action as necessary, including but not limited to reporting the incident to relevant authorities or pursuing legal action.
The Provider reserves the right to refuse service or terminate any Call at their discretion if they believe that continuing the session would be unproductive.
CALL RECORDING
- Recording Policy: Recordings will be used solely for quality control, training, or to provide you with a replay. They will not be shared publicly without your prior consent.
- Access to Recordings: If the Call is recorded and a replay is made available, it will be provided to you within a reasonable time after the Call. The recording will be available for thirty (30) days, after which it will be deleted. You may not share the recording to any third party for whatever purpose.
- Client Recording: You may not record the Call without the express written consent of the Provider. Unauthorized recording may result in legal action and termination of any ongoing services.
INTELLECTUAL PROPERTY
- Ownership: Any materials, ideas, or content provided by the Provider during the Call, including any follow-up materials, are the intellectual property of the Provider.
- License to Use: You are granted a non-exclusive, non-transferable license to use the materials provided during the Call solely for personal use. You may not copy, distribute, or use these materials for any commercial purpose without the Provider’s prior written consent. Any violation of this license will result in immediate termination of access, forfeiture of fees paid, and enforcement under applicable intellectual property and unfair competition laws.
- You may not reproduce, adapt, or use any methods, frameworks, or content provided during the Call to create competing services, whether directly or indirectly.
DATA PROTECTION
- Personal Data: The Provider will collect and process personal data provided by you in accordance with applicable data protection laws and the Provider’s Privacy Policy.
- Data Usage: Your personal data will be used for the purposes of delivering the Call, managing your booking, and any follow-up services. It may also be used for marketing purposes if you have opted in to receive such communications.
- Data Security: The Provider will take reasonable steps to ensure that your personal data is kept secure. However, no method of transmission over the internet is 100% secure, and the Provider cannot guarantee absolute security.
CLIENT RESPONSIBILITIES
You are responsible for ensuring that you are adequately prepared for the Call. This includes, but is not limited to, reviewing any materials provided beforehand, ensuring a quiet and distraction-free environment, and having any relevant information or questions ready.
The effectiveness of the Call may depend on your active participation. The Provider is not responsible for any lack of results if you do not engage fully during the session.
TECHNICAL REQUIREMENTS
You are responsible for ensuring that you have the necessary technical requirements to participate in the Call, including a stable internet connection, functioning microphone, and video camera (if applicable).
The Provider is not responsible for any technical issues on your side that prevent or disrupt your participation in the Call. Missed Calls due to such issues are non-refundable and cannot be rescheduled.
CONFIDENTIALITY
Any information shared during the Call is confidential and is intended solely for the purpose of the Call. You agree not to disclose, reproduce, or distribute any part of the Call or any materials provided by the Provider without express written permission.
Confidentiality does not prevent the Provider from disclosing information where required by law, regulation, or court order, or where disclosure is necessary to prevent imminent harm.
You also agree to keep confidential any proprietary methods, frameworks, or materials disclosed by the Provider during the Call, and not to use them for any purpose other than your own personal learning.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Provider shall not be liable for any indirect, incidental, consequential, or special damages arising from or in connection with the Call.
The Provider’s total liability for any claim related to the Call, regardless of cause, shall not exceed the amount you paid for the Call.
INDEMNIFICATION
You agree to indemnify and hold the Provider harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms, your misuse of the Call or any materials provided, or your violation of any applicable laws or regulations.
FORCE MAJEURE
The Provider shall not be liable for any failure or delay in performing the obligations under these Terms if such failure or delay is caused by circumstances beyond the Provider’s reasonable control, including but not limited to natural disasters, acts of government, internet outages, or other events of force majeure. In the event of a force majeure occurrence, the Provider will notify the Client as soon as reasonably possible, and the Call may be rescheduled at no additional cost to the Client or refunded at the Provider’s discretion.
DISPUTE RESOLUTION
Arbitration shall be conducted in or nearest to Barbengo, Switzerland, in English, in accordance with the rules of the Swiss Chambers’ Arbitration Institution, as further detailed in the Provider’s General Terms and Conditions.
ENTIRE AGREEMENT
These Terms, the Provider’s General Terms and Privacy Policy, constitute the entire agreement between you and the Provider, superseding any prior agreements, understandings, or representations, whether oral or written. These Terms, developed for us by Legally She Can, align with the legal frameworks that reflect the guiding principles of our business.
SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AMENDMENTS
The Provider reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Provider’s website or by providing notice to you. Your continued use of the Provider’s services after any such changes shall constitute your acceptance of the new Terms.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflicts of law provisions.
BUSINESS TRANSACTIONS AND WAIVER OF CONSUMER PROTECTIONS
You acknowledge that if you transact with us in your capacity as a registered business owner, you will be treated as such and not as an individual consumer. If you transact with us as a registered business owner, you acknowledge that certain consumer protection rights available to individuals may not apply. This does not affect any mandatory statutory protections that cannot be waived under applicable law.
Furthermore, if you represent yourself as a business owner—such as providing a business tax number to avoid paying VAT, using a business account for personal transactions or transacting with us under a business name—you agree that such representation waives any claims under consumer protection laws.
By booking a Call, you acknowledge that you have read, understood, and agreed to all provisions of these Terms, including the disclaimers, limitation of liability, and indemnification clauses. You also confirm that you are entering into this agreement voluntarily and with full knowledge of its content.