Last updated on: 30/11/2024

Preamble and General Definitions

This document is created in the context of the activities of Kim Ngân Tran, based at 60 Boîte 8 rue de Belle-Vue, registered with the Crossroads Bank for Enterprises.

These general terms and conditions of sale and use are only available in English for consultation and interpretation. The offers provided are available in English or French, for clients and users. In the event of an international purchase or sale involving a foreign contracting party, Belgian law shall remain applicable.

Clients may request a dated copy of the general terms and conditions of sale as of the date of their Order or Reservation, in printed or digital form.Here are some definitions of terms used in the context of this service:

• User: Any person who uses the website, either for consultation or browsing.
• Service: Coaching services performed by Kim Ngân Tran.
• Client: Any person who engages the services of the Coach.
• Provider: Refers to Kim Ngân Tran as the professional.
• Coaching: Individual or group coaching service provided by the Coach.
• Coach: The designation of Kim Ngân Tran during a coaching session.
• Consumer Client: Any individual acting for purposes unrelated to their commercial, industrial, craft, liberal, or agricultural activity.
• Non-professional Client: Any legal entity that does not act for professional purposes.
• Professional Client: Any individual or legal entity, public or private, acting for professional purposes.
• Goods containing digital elements: Any tangible movable goods that integrate digital content or services or are interconnected with such content or services in a way that the absence of such content or service would prevent the product from performing its intended functions.
• Digital Content: Data produced and provided in digital form.
• Digital Service: A service enabling the consumer to create, process, store, access, share, or interact with data in digital form.
• Durable Medium: Any instrument allowing the consumer or professional to store personal information for later reference during an appropriate period for the purpose intended.
• Functionality: The ability of a product, digital content, or service to fulfill its intended purpose.
• Compatibility: The ability of a product, digital content, or service to work with hardware or software with which similar products or services are typically used.
• Durability: The ability of a product to maintain its functions and performance during normal use.
• Personal Data: Personal data as defined in Article 4, point 1, of Regulation (EU) 2016/679 regarding the protection of natural persons with respect to the processing of personal data.

To access the Coach's services, the client must have full legal capacity: be an individual or represent a legal entity, be over 18 years of age at the time of signing the contract, and not be under any total or partial incapacity.

For updates or changes to personal information, the Coach may require identity verification in an appropriate form.

If there is a failure to meet capacity requirements or prerequisites, the Client or User will lose access until rectified. It is therefore essential that the Client or User accurately completes personal data fields.

Article 1 – Coaching Services

The following general terms and conditions describe the rights and obligations of Coach Kim Ngân Tran and her Clients.

In case of a coaching contract, the specific provisions prevail over the general terms and conditions of sale.

The Coach offers individual, fully personalized sessions, tailored to the Client, to provide a new dynamic, particularly in professional life. This process is co-constructed actively and relies on the trust and exchanges from the sessions. Coaching helps the Client progress from their own needs toward solutions that work for them.

The Coach offers the following service options:

• Untangle Session
• Untangle Series
• SideKim

If necessary, the Coach reserves the right to modify the content of coaching sessions based on the Client’s needs. Coaching program details are provided for informational purposes only. All users or clients must regularly consult the general terms and conditions.The general terms and conditions may also be provided in a durable medium to the Client.This document constitutes a contract and binds the Client to the Coach.

Article 2 – Nature of Obligations

For the Coach:

The Coach is subject to an obligation of means under common contract law. The Coach commits to using all necessary means to meet the Client’s needs and expectations.

The Coach ensures compliance with the provision of digital products. All products are considered compliant and free from hidden defects. Under Articles L 217-4 and subsequent of the Consumer Code, and Articles 1641 and following of the Civil Code, each product sold must conform to its description and be free from hidden defects.

The consumer or non-professional Client has 30 months to assert rights regarding a product's conformity.

For a warranty claim on non-conformity or hidden defects, the Client must prove that:

• The product cannot be used as expected, similar to other products
• It does not match the description provided, even if it functions properly
• The alleged product qualities are missing
• There is a defect in manufacturing, assembly, or installation

This warranty does not apply if:

• The sale was with a professional Client
• The claim is made more than 30 months after the purchase
• The defect was known at the time of purchase
• The defect is caused by improper use

The Coach will inform the Client about updates, including security updates, and their duration, in a clear and understandable manner.

For the Client:

The Client agrees to engage in intelligent dialogue and provide clear, detailed expectations to guide the Coach in delivering the service.

The Client agrees to pay the fees for the coaching sessions, as outlined in Article III.

The Client agrees not to share access codes to the Coach's programs and services, under penalty of suspension and removal of access rights, and potential damages.

All subscriptions to professional offers with the Coach are considered an intuitu personae contract, which means:

• The Client may not assign or transfer their contractual engagement to anyone else.
• Any transfer or assignment, even in the case of business changes, is prohibited unless explicitly agreed in writing by both parties.

Article 3 – Applicable Fees

The prices for Untangle Sessions and Untangle Series are based on an hourly fee. 
‍
Accepted payment methods include bank transfers or online payments via a third-party payment provider.

No installment payments are allowed unless specifically offered on the website, unless agreed in writing.

The Coach reserves the right to modify pricing at any time. However, services will be billed at the rates applicable at the time of the request. Any unsigned quotes or contracts are valid for 30 days from the date of sending, unless otherwise noted.

Discounts and promotions are time-bound and determined by the Coach. No discounts or deposits are granted for early payments.The fee for the coaching sessions is due upon receipt of the invoice.

Late payments result in immediate suspension of access to the Coach's services and programs. The Client is responsible for rejection fees. Accounts may be suspended or deleted.Late payment penalties are calculated at the current legal interest rate, and recovery fees are €40 excluding VAT.

Article 4 – Reservation and Order Process

‍Access to coaching services is initiated by a request from the Client via:

• Online booking tools on the website
• Contact form on the website
• Email request
• Social Media Request

The Coach reviews requests and reserves the right to refuse collaboration if the issues presented are not compatible with the services offered.Before making a purchase or placing an order, the Client must ensure that the product or service selected fully meets their needs. If there is any inconsistency, the Client must amend or cancel the request before ordering. Orders are firm and binding contracts.