PUBLIC OFFER (ENGLISH VERSION — PREVAILING)
Public Offer / Terms of Service for the Provision of Informational Services in the Form of One-to-One Professional Sessions
(Individual Mentoring and Individual Supervision)
Contractor (Company): ECU Limited, Unit B, 11/F Yam Tze Commercial Building,
23 Thomson Road, Wan Chai, Hong Kong (Reg. No. 76667088)
Contact email (including privacy requests and complaints): ecu.education.manager@gmail.com
Effective date: 30.01.2026
Last updated: 30.01.2026 (if applicable)
This Public Offer (the “Offer”) constitutes an offer to any legally capable individual aged eighteen (18) years or older (the “Customer”) to enter into a legally binding agreement with ECU Limited (the “Contractor”) for the provision of informational services in the form of one-to-one professional online sessions (the “Services”) on the terms set out below.
The English version prevails. Any translations are provided for convenience only.
By accepting this Offer, the Customer confirms that they have read, understood and unconditionally agree to:
(i) this Offer; (ii) the Policies; and (iii) the Privacy Notice referenced herein.
1. DEFINITIONS
1.1. “Session” means one live online one-to-one meeting delivered via the Platforms.
1.2. “Session Type” means the type of the Session selected by the Customer and shown in the Checkout Confirmation, being either:
(a) “Mentoring Session”; or
(b) “Supervision Session”.
1.3. “Mentoring Session” means a professional mentoring / mentor-coaching style session focused on professional skill development (including coaching-related competencies and reflective practice), as described in the checkout and/or Session confirmation.
Where explicitly stated by the Contractor for a specific product/track, a Mentoring Session may be intended to support the Customer’s documentation for professional bodies; however, acceptance of any hours/records is determined solely by the relevant professional body (including ICF).
1.4. “Supervision Session” means a reflective professional supervision session aimed at professional support, reflective practice, ethics, blind spots and quality of professional work.
A Supervision Session is not “Mentor Coaching” and is not intended by the Contractor to satisfy ICF Mentor Coaching hour requirements. The Customer is responsible for confirming current credentialing requirements with ICF or any other body.
1.5. “Specialist” means the specialist engaged by the Contractor to deliver the Session (mentor/supervisor). The Specialist is intended to hold an ICF Professional Certified Coach (PCC) credential or an equivalent professional qualification as determined by the Contractor. The Contractor may replace the Specialist with an equivalently qualified specialist.
1.6. “Platforms” means any online tools designated by the Contractor for delivery of the Services, including (without limitation) video conferencing, communication and collaboration tools.
1.7. “Session Date” means the scheduled date and time of the Session confirmed by email (or another written channel designated by the Contractor).
1.8. “Session Start” means the scheduled start time of the Session Date in the time zone stated in the Session confirmation. If no time zone is stated, HKT applies. The Customer joining late does not shift Session Start.
1.9. “Booking Window” means the period during which the Customer must schedule the Session. Unless explicitly stated otherwise in the Checkout Confirmation, the Booking Window is fourteen (14) calendar days from the moment payment is credited under Section 6.3.
1.10. “Policies” means the Contractor’s policies and rules published on the Contractor’s website and/or communicated by email and/or via the Platform(s), including (without limitation) code of conduct, recording rules, rescheduling/no-show rules, accessibility and non-discrimination rules, and the complaint (grievance) procedure.
Policies link: https://european-coaching.university/philosophy_politics.
1.11. “Privacy Notice” means the Contractor’s privacy notice published at: https://european-coaching.university/privacy_policy. The Privacy Notice forms an integral part of this Offer.
1.12. “Checkout Confirmation” means the definitive price, currency, taxes/fees (if any), the Session Type, and other key purchase details shown in the authorized checkout interface and confirmed by the payment receipt/invoice/confirmation.
1.13. “Business Day” means a day (other than Saturday, Sunday or a public holiday) on which banks are generally open for business in Hong Kong.
1.14. “HKT” means Hong Kong Time (UTC+8).
1.15. “Customer Content” means any information the Customer shares during or in connection with the Session, including case descriptions, answers, uploads and communications.
1.16. “Third-Party Personal Data” means any personal data relating to any person other than the Customer (including the Customer’s clients) that could identify them directly or indirectly.
1.17. “Session Data” means any content and metadata related to Sessions, including audio, video, screen content, chat, participant lists, transcripts, summaries, notes, timestamps and logs.
1.18. “Derived Data” means any data created from Customer Content and/or Session Data, such as transcripts, translations, summaries, tags, embeddings, scores, classifications, profiles, analytics outputs and benchmarking indicators.
1.19. “Artificial Intelligence Systems” means any machine-learning, statistical, automated or generative tools used for processing, analysis, creation or improvement of Derived Data and related outputs.
1.20. “Profiling” and “Scoring” mean systematic classification, benchmarking indicators, tagging and/or “traffic-light” ratings used for personalisation, matching, risk management and quality assurance. Profiling/Scoring under this Offer is not credit scoring or banking-style financial assessment.
1.21. “Attendance Confirmation” means a confirmation statement issued by the Contractor confirming the Session date, duration and the Customer’s participation for the Customer’s administrative use only. The Contractor does not guarantee acceptance of any Attendance Confirmation by any third party (including ICF).
1.22. “Target Audience” means practitioners and audiences relevant to the Contractor’s professional education and informational services, including (without limitation) coaches, psychologists, trainers, HR specialists, and business/entrepreneurial audiences related to soft skills, certification/credentialing, or business growth.
1.23. “Competing Scalable Product/Activity” means any scalable offering, activity or involvement (paid or free; online or offline; direct or indirect) targeting the Target Audience, that is the same as, substantially similar to, or reasonably regarded as competing with the Services and/or the Contractor’s offerings. This includes, without limitation:
(a) Educational Formats: scalable online courses, training programs, specializations, workshops, webinars, cohorts or intensives;
(b) Support Formats: supervision, mentoring/mentor coaching, masterminds, group coaching, trainings or retreat programs;
(c) Community Formats: subscription-based communities, clubs, membership sites or similar memberships;
(d) Technology: AI-based solutions, chatbots, tools or platforms targeting the Target Audience (regardless of whether features are identical);
(e) Methodology: products using client profiling, personalised learning tracks, competency-based assessment or similar evaluation methodologies;
(f) Invisible Involvement: ghostwriting, behind-the-scenes methodological support, or advising/supporting competitors;
(g) Other: any similar activity where a person’s involvement contributes to brand awareness, scalability, or commercial success of a competitor.
1.24. “Competing Services” means Services and/or Competing Scalable Product/Activity that are the same as, substantially similar to, or reasonably regarded as competing with the Services and/or the Contractor’s offerings, including any offering created using, derived from, based on, or substantially replicating the Contractor’s materials, methodologies, Session structure, evaluation approach, scoring schemas, Derived Data outputs, or other proprietary elements.
1.25. “Personal Data” means any information relating to an identified or identifiable natural person (including the Customer).
2. SUBJECT AND NATURE OF SERVICES
2.1. The Contractor provides the Customer with the Services (one Session of the Session Type shown in the Checkout Confirmation, unless the Checkout Confirmation specifies more than one Session), and the Customer pays the applicable fee.
2.2. Minimum volume. Unless explicitly stated otherwise in the Checkout Confirmation, the minimum volume is sixty (60) minutes of live online interaction per Session.
2.3. The Services are informational/consulting in nature and aimed at professional skill development and reflective practice. The Services are not medical, psychotherapeutic, psychological, or clinical services, and no results or outcomes are guaranteed.
2.4. The Customer confirms familiarity with, and agrees to act consistently with, the ICF Code of Ethics (as updated from time to time, as applicable to the Customer and the context) and the Contractor’s Policies.
2.5. The Contractor may engage employees and/or third parties to deliver the Services and remains responsible for their work within the scope of the Services.
2.6. The Services are not a state-accredited academic degree in Hong Kong. The word “University” may be used as a brand/trade name.
3. ACCEPTANCE; CONTRACT FORM; EVIDENCE; NOTICES
3.1. The Customer accepts this Offer by completing payment through the Contractor’s authorized payment channels (including checkout payment providers) and/or by another explicit method indicated by the Contractor in writing.
3.2. This Offer and the Customer’s acceptance constitute a binding agreement. Electronic means of contracting and communication are legally valid.
3.3. No act of services rendered is required. Email correspondence, scheduling confirmations, Platform logs, attendance reports and other system records may serve as evidence of communications and performance.
3.4. Individual Agreement precedence. If the Parties additionally execute an individual agreement or written addendum electronically (“Individual Agreement”), such Individual Agreement shall prevail in case of any discrepancies, and this Offer applies only to the extent it does not contradict the Individual Agreement.
3.5. Notices may be sent by email and/or via another written channel designated by the Contractor. A notice is deemed delivered at the moment of sending, provided the sender has system confirmation of dispatch (where available).
4. FORMAT; SCHEDULING; TIME ZONES; RESCHEDULING; NO-SHOWS; TECHNICAL ISSUES
4.1. The Session is delivered live online via the Platforms. The Customer is responsible for stable internet access and working audio.
Video (camera) may be required by the Contractor for quality and/or identity/safety reasons. If video is required and the Customer refuses to comply, the Contractor may terminate the Session and treat it as a no-show / Session deemed rendered under Section 4.6(d), unless mandatory law requires otherwise.
4.2. Time zones and Prague time convenience.
(a) Scheduling communications may use Europe/Prague time (CET/CEST) by mutual agreement for convenience.
(b) The legally relevant time zone and Session Start must be stated in the Session confirmation. If times are shown in more than one time zone, the time explicitly stated as “Session Start” in the confirmation prevails.
4.3. Scheduling within the Booking Window.
(a) The Customer must request and schedule the Session within the Booking Window.
(b) The Contractor will propose at least three (3) alternative time slots within the Booking Window, subject to Specialist availability.
(c) If the Customer does not respond, the Contractor will send one (1) written reminder within the Booking Window. If the Customer still does not schedule within the Booking Window after such reminder, Section 4.4 applies.
4.4. Failure to schedule. If the Customer does not schedule the Session within the Booking Window despite the Contractor’s actions under Section 4.3, the fee becomes non-refundable as compensation for availability reservation and administrative costs, unless mandatory law requires otherwise.
4.5. Customer reschedule (one time per Session).
(a) The Customer may reschedule the Session one (1) time by giving at least twenty-four (24) hours’ prior written notice before Session Start.
(b) Reschedule requests made less than 24 hours before Session Start may be refused and are treated as a no-show under Section 4.6.
4.6. Late arrival; no-show; early termination.
(a) If the Customer is late, the Session ends at the scheduled end time and is not extended.
(b) If the Customer is more than fifteen (15) minutes late, the Contractor may treat the Customer as a no-show; the Session is deemed rendered in full and no refund is due, unless mandatory law requires otherwise.
(c) If the Customer fails to attend (no-show), the Session is deemed rendered in full and no refund is due, unless mandatory law requires otherwise.
(d) If the Contractor terminates the Session due to the Customer’s material misconduct, refusal to follow required safety/identity rules, or safety/compliance reasons (Section 9), the Session may be deemed rendered and no refund is due, unless mandatory law requires otherwise.
4.7. Technical issues.
(a) If the Customer’s technical issues prevent participation, the Session is still deemed rendered (including under Section 4.6) unless the Contractor decides otherwise at its discretion.
(b) If the Contractor’s or Platform’s technical issues prevent delivery, the Contractor will reschedule at no extra charge. If rescheduling is not reasonably possible, refunds (if any) are handled under Section 7.6.
5. RECORDING; DATA PROCESSING (SUMMARY); CONFIDENTIALITY; THIRD-PARTY DATA
5.1. Privacy Notice applies. Processing of personal data is governed by the Privacy Notice, which forms an integral part of this Offer.
5.2. Recording is a condition of participation; Customer recording prohibited.
(a) Contractor recording. Sessions are recorded (audio/video/screen/chat) and related data may be processed for the purposes described below and in the Privacy Notice.
(b) Customer recording prohibited. The Customer must not record, screenshot, screen-capture, stream, or otherwise capture any non-public part of the Session, including audio, video, chat, screen content, participant identity, or materials, except where expressly permitted in writing by the Contractor and where all required third-party consents are obtained.
(c) Recording access by default. Recordings and related artefacts are confidential internal records and are not provided to the Customer by default. Recording access may be provided only if (i) required by mandatory law, or (ii) expressly stated in the Checkout Confirmation, or (iii) expressly agreed by the Contractor in writing.
If Recording access is provided, it is provided for personal use only, is non-transferable, must not be shared with any third party, may be time-limited, and may be revoked if the Customer breaches this Offer or the Policies.
(d) Consent where required. Where applicable law requires separate consent for recording or certain processing, the Contractor will request such consent. If the Customer does not provide the required consent, the Contractor may decline to provide the Session and treat this as the Customer’s cancellation; refunds (if any) are governed by Section 7, unless mandatory law requires otherwise.
(e) No sharing of Recording access. If Recording access is provided, the Customer must not share links, files, credentials or any access method with any third party. Any such sharing is a material breach and may result in immediate revocation of access, termination and no refund, to the maximum extent permitted by law.
5.3. Data processing purposes (expanded summary; aligned with Privacy Notice).
The Contractor may collect, use, disclose, transfer, store and otherwise process Personal Data in connection with the Services, including Customer Content, technical/usage data, and Session Data, and may generate Derived Data.
Processing may be performed with automated and AI-assisted tools (“Artificial Intelligence Systems”) for purposes including:
- service delivery and administration (scheduling, delivery, support, communications);
- professional accreditation and verification (where applicable and requested by the Customer), including issuing Attendance Confirmations and sharing verification where required by a relevant professional body, subject to safeguards;
- quality assurance, supervision/oversight of Specialists, internal training and improvement of methodology and content;
- safety, security and fraud prevention; incident investigation;
- compliance and dispute handling; record-keeping and legal claims;
- analytics, research and controlled experiments (e.g., A/B testing) and improvement of the Contractor’s website, Platforms and Services;
- development, training, fine-tuning, validation, evaluation and benchmarking of the Contractor’s AI systems, analytics methods and scoring schemas to the maximum extent permitted by law, using de-identified/aggregated data where feasible and appropriate.
Profiling/Scoring outputs are not medical, psychotherapeutic or clinical services and are not used for credit scoring or banking-style assessment.
Where applicable law requires, materially adverse decisions that significantly affect the Customer will not be based solely on automated processing and may involve human review.
Marketing uses (if any) require consent where required and include opt-out mechanisms, as described in the Privacy Notice.
5.4. Sharing, recipients and access (summary aligned with Privacy Notice).
The Contractor may share Personal Data on a need-to-know basis with:
(a) Specialists, moderators, staff and contractors involved in delivering/supporting the Services under confidentiality;
(b) service providers acting on the Contractor’s instructions, such as hosting and cloud storage, platform providers, communications and customer support tools, CRM tools, analytics providers, transcription providers, AI systems providers, video conferencing/webinar/scheduling tools, and payment processors;
(c) professional advisers (lawyers, accountants, auditors) where necessary;
(d) advertising/analytics partners (e.g., Google/Meta technologies) for analytics/remarketing subject to settings/consents, as described in the Privacy Notice;
(e) authorities or third parties where required by law/court order or to protect rights and safety; and successors/affiliates in corporate reorganisation, merger, acquisition or asset sale, subject to safeguards.
The Contractor does not disclose Personal Data to third parties for their own direct marketing purposes and does not sell Personal Data as a standalone business model, as described in the Privacy Notice.
5.5. International transfers; retention; security (summary).
(a) International transfers may occur because the Contractor uses global service providers; appropriate safeguards are used as described in the Privacy Notice.
(b) Retention: Personal Data is retained as long as necessary for the purposes described, and may be retained longer for security, fraud prevention, compliance, disputes, legal claims, or where irreversibly anonymised/de-identified.
(c) Security: the Contractor implements reasonable organisational and technical measures (access controls, authentication, encryption in transit where available, logging/monitoring, malware protection, backups, incident response). No method of transmission/storage is fully secure.
5.6. Customer rights and requests are governed by the Privacy Notice and applicable law. Requests may require identity verification.
5.7. Third-party data; Customer responsibility (critical).
(a) The Customer shall not disclose identifiable Third-Party Personal Data during the Session and shall anonymise cases to the maximum extent possible. If any third-party information is strictly necessary, the Customer shall disclose only the minimum necessary and avoid any direct identifiers (names, contacts, addresses, unique IDs), unless the Customer has lawful grounds and any required consents.
(b) The Customer acknowledges that recordings and Session Data may be accessed and processed by the recipient categories described in this Offer and the Privacy Notice (including Specialists, staff/contractors, and service providers). The Customer is solely responsible for ensuring they have a lawful basis and any required consents/permissions for any Personal Data (their own or third parties’) that they disclose, including for recording, storage, review, AI-assisted processing, cross-border transfers and retention as described in this Offer and the Privacy Notice. This is not the Contractor’s responsibility.
(c) Sensitive data. The Customer should avoid disclosing sensitive/special-category data (such as health data, biometric identifiers, political opinions, religious beliefs, sexual life, or similar) unless strictly necessary and lawful. If disclosed, it must be minimised and anonymised where feasible.
(d) If the Customer discloses Third-Party Personal Data, the Customer represents and warrants that they have all rights and any required consents to share and allow processing of such data for the purposes of the Services and this Offer.
(e) The Customer shall indemnify and hold harmless the Contractor from any third-party claims, losses, reasonable legal fees, penalties or expenses arising from the Customer’s breach of this Section 5.7, unless prohibited by mandatory law.
5.8. Material breach; liquidated damages (not a penalty).
(a) Any breach of Section 5.2(b) or 5.2(e) (Customer recording/capture and/or sharing Recording access) and/or unauthorised disclosure or publication of Session content is a material breach.
(b) In case of such breach, the Customer shall pay liquidated damages (not a penalty) of USD 2,000 per incident as a genuine pre-estimate of losses (including enforcement, reputational and compliance costs), and the Contractor may seek injunctive relief and additional damages where permitted by law.
5.9. Confidentiality of the one-to-one Session.
(a) The Contractor and the Specialist will take reasonable steps to treat Customer Content and Session discussions as confidential, subject to the Privacy Notice, legal obligations, safety/security needs, quality assurance, supervision/oversight of Specialists, record-keeping and dispute resolution.
(b) The Customer shall keep confidential any non-public information received from the Contractor or the Specialist, including materials, methodologies, templates, Session structure, and any feedback or evaluations provided, and shall not disclose it to third parties.
(c) The Contractor may seek injunctive relief for breach of this Section 5.9, to the maximum extent permitted by law.
6. FEES AND PAYMENT
6.1. Payment method: lump sum (one-time payment).
6.2. Checkout Confirmation prevails. The definitive price, currency, Session Type and payment details are those shown in the Checkout Confirmation. In case of discrepancy, the Checkout Confirmation prevails.
6.3. Payment is deemed completed when the funds are credited to the Contractor’s account (or to the account of its authorized payment provider).
6.4. Customer’s bank instalments/credit/BNPL. If the Customer uses any instalment/credit/BNPL product, such arrangement is solely between the Customer and the bank/provider. The Contractor is not a party to such arrangement.
7. RESCHEDULES, CANCELLATION AND REFUNDS; CHARGEBACKS
7.1. Customer reschedule (>=24h) is governed by Section 4.5.
7.2. Customer cancellation and refund (>=24h).
(a) The Customer may cancel by giving at least twenty-four (24) hours’ prior written notice before Session Start.
(b) In such case, the Contractor refunds the amount paid, less a fixed deduction equal to thirteen percent (13%) of the refund amount to cover taxes and transaction/administrative costs incurred in receiving payment and processing the refund, unless mandatory law requires otherwise.
7.3. Late cancellation (<24h) / no-show: no refund. Cancellations made less than 24 hours before Session Start are treated as a no-show and are non-refundable, unless mandatory law requires otherwise.
7.4. Unscheduled Sessions (before booking).
(a) If the Session has not yet been scheduled, the Customer may request cancellation and a refund within the Booking Window.
(b) The refund is processed under Section 7.2(b). After the Booking Window expires, refunds are not available under Section 4.4, unless mandatory law requires otherwise.
7.5. Refund procedure.
(a) Refund requests must be sent from the payer’s email used in payment and include proof of payment and reasonable identity verification.
(b) Processing time: at least fifteen (15) calendar days from receipt of a complete request.
(c) Refunds are made to the original payment instrument where technically possible.
7.6. Contractor cancellation before Session Start: 100% refund.
If the Contractor cancels the Session and cannot reasonably reschedule within thirty (30) calendar days (or another period agreed in writing), the Customer may request a 100% refund of the amount paid for that Session (no 13% deduction), unless mandatory law requires otherwise.
7.7. Chargebacks and payment disputes.
(a) If the Customer initiates a chargeback, reversal or payment dispute after receiving the Service (including where the Session is deemed rendered under Section 4.6), this constitutes a material breach.
(b) The Contractor may provide evidence (including logs and correspondence) to the payment provider and may suspend any further services/communications pending investigation until the dispute is resolved.
(c) To the maximum extent permitted by law, if the chargeback/payment dispute is resolved in the Contractor’s favour or is withdrawn by the Customer, the Customer shall reimburse the Contractor for reasonable chargeback/dispute fees and costs incurred in connection with such dispute.
8. INTELLECTUAL PROPERTY; NO SHARING; NON-SOLICITATION; NON-CIRCUMVENTION; NO COMPETING USE
8.1. All intellectual property rights in the Contractor’s materials, methodologies, templates and any content provided by the Contractor or Specialist (excluding Customer Content) belong to the Contractor (or its licensors).
8.2. The Customer receives a limited, non-transferable, non-exclusive licence for personal professional development use only. The Customer must not copy, publish, distribute, sell, sublicense, train AI models on, or create derivative works from Contractor materials without prior written permission.
8.3. No sharing. The Customer must not share Session links, access details, or any materials with third parties.
8.4. Non-solicitation / non-circumvention of Specialists and Contractor personnel (no exceptions).
During the term and twelve (12) months after termination, the Customer shall not directly or indirectly engage, hire, contract with, or otherwise obtain services from the Specialist and/or the Contractor’s staff/contractors involved in the Services in circumvention of the Contractor, in relation to Competing Services, without the Contractor’s prior written consent.
Liquidated damages (not a penalty): USD 2,000 per instance. The Contractor may also seek injunctive relief and additional damages where permitted by law.
8.5. No solicitation of Contractor customers, leads, participants, or community members.
During the term and twelve (12) months after termination, the Customer shall not solicit, induce, divert, attempt to divert, or offer/provide Competing Services to any customer, prospective customer, lead, participant, or community member of the Contractor, where the Customer became aware of such person through the Contractor directly or indirectly (including via any Contractor course, program, event, community, platform, Session, Recording access, or communication), without the Contractor’s prior written consent.
Liquidated damages (not a penalty): USD 5,000 per instance. The Contractor may also seek injunctive relief and additional damages where permitted by law.
8.6. No competing programs/products based on Contractor IP; restricted competing scalable activity using Contractor elements.
The Customer shall not copy, publish, distribute, sell, sublicense, market, create, launch, or contribute to the growth of any Competing Services or any Competing Scalable Product/Activity where such competing offering is created using, derived from, based on, or substantially replicates the Contractor’s materials, methodologies, templates, Session structure, evaluation approach, scoring schemas, Derived Data outputs, or other proprietary elements.
In case of breach, the Customer shall pay liquidated damages (not a penalty) of USD 20,000, and the Contractor may seek injunctive relief and additional damages where permitted by law.
9. SAFETY; CODE OF CONDUCT; CONTRACTOR TERMINATION/SUSPENSION
9.1. The Customer must comply with the Policies and maintain respectful conduct. Harassment, threats, hate, unlawful content, recording attempts, sharing Recording access, or other material misconduct constitute a material breach.
9.2. The Contractor may suspend communications and/or terminate the agreement and/or stop the Session immediately for safety/compliance reasons (including pending investigation). In such case, the Session may be deemed rendered and no refund is due, unless mandatory law requires otherwise.
10. COMPLAINTS (GRIEVANCE) PROCEDURE — CONDITION PRECEDENT
10.1. The Customer shall first attempt to resolve any issue directly with the Specialist/manager.
10.2. If unresolved, the Customer must submit a written complaint within seven (7) calendar days of the issue arising by emailing ecu.education.manager@gmail.com or using the official form if published: https://forms.gle/XyAjhtNZgg3Yv8vMA.
10.3. The Contractor reviews the complaint within fourteen (14) calendar days.
10.4. Appeals must be submitted within an additional fourteen (14) calendar days from the response.
10.5. Completion of this internal grievance and appeal procedure is a mandatory condition precedent to filing any lawsuit or initiating legal proceedings against the Contractor, unless mandatory law prohibits such limitation.
11. LIABILITY; DISCLAIMERS
11.1. No guarantee of results. The Services are not medical, psychotherapeutic or psychological counselling.
11.2. To the maximum extent permitted by applicable law, the Contractor’s aggregate liability shall not exceed the amount actually paid by the Customer for the Session. The Contractor shall not be liable for indirect, punitive or consequential damages.
11.3. Nothing limits liability that cannot be excluded or limited under applicable law.
12. GOVERNING LAW; PRE-TRIAL CLAIM; FORCE MAJEURE
12.1. Governing law: Hong Kong. Jurisdiction: non-exclusive courts of Hong Kong, unless mandatory law requires otherwise.
12.2. Pre-trial claim procedure: a written claim by email; response within ten (10) Business Days.
12.3. Force majeure. If performance is prevented by force majeure beyond reasonable control, deadlines are extended for the duration of force majeure. If force majeure continues for more than fifty (50) consecutive calendar days, either Party may terminate; the Contractor refunds the unrendered portion (if any), unless mandatory law requires otherwise.
13. DIRECT MARKETING; PUBLICITY; SYNTHETIC MEDIA
13.1. Direct marketing (where permitted; consent where required) and opt-out mechanisms are governed by the Privacy Notice.
13.2. Publicity/testimonials/marketing use of the Customer’s name, image, voice, or excerpts of recordings requires the Customer’s separate explicit consent, as described in the Privacy Notice.
13.3. The Contractor will not publicly impersonate the Customer or publish synthetic media portraying the Customer (voice cloning/deepfakes) without separate explicit consent specifically covering synthetic media, as described in the Privacy Notice.
14. UPDATES; MISCELLANEOUS
14.1. The Contractor may update this Offer by publishing a new version. A new version applies only to Customers who accept the Offer after the publication date.
14.2. Policies and/or the Privacy Notice may be updated by publication/notice. Unless stated otherwise, updates become effective on the 5th (fifth) calendar day after publication/notice. Updates shall not materially reduce the Customer’s rights.
14.3. Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
14.4. No waiver. Failure to enforce any provision is not a waiver.
14.5. Assignment. The Customer may not assign rights/obligations without the Contractor’s prior written consent. The Contractor may assign the agreement as part of corporate reorganisation/transfer, subject to applicable law.
15. CONTRACTOR DETAILS
ECU Limited (Reg. No. 76667088)
Unit B, 11/F Yam Tze Commercial Building, 23 Thomson Road, Wan Chai, Hong Kong
Email: ecu.education.manager@gmail.com
Public Offer / Terms of Service for the Provision of Informational Services in the Form of One-to-One Professional Sessions
(Individual Mentoring and Individual Supervision)
Contractor (Company): ECU Limited, Unit B, 11/F Yam Tze Commercial Building,
23 Thomson Road, Wan Chai, Hong Kong (Reg. No. 76667088)
Contact email (including privacy requests and complaints): ecu.education.manager@gmail.com
Effective date: 30.01.2026
Last updated: 30.01.2026 (if applicable)
This Public Offer (the “Offer”) constitutes an offer to any legally capable individual aged eighteen (18) years or older (the “Customer”) to enter into a legally binding agreement with ECU Limited (the “Contractor”) for the provision of informational services in the form of one-to-one professional online sessions (the “Services”) on the terms set out below.
The English version prevails. Any translations are provided for convenience only.
By accepting this Offer, the Customer confirms that they have read, understood and unconditionally agree to:
(i) this Offer; (ii) the Policies; and (iii) the Privacy Notice referenced herein.
1. DEFINITIONS
1.1. “Session” means one live online one-to-one meeting delivered via the Platforms.
1.2. “Session Type” means the type of the Session selected by the Customer and shown in the Checkout Confirmation, being either:
(a) “Mentoring Session”; or
(b) “Supervision Session”.
1.3. “Mentoring Session” means a professional mentoring / mentor-coaching style session focused on professional skill development (including coaching-related competencies and reflective practice), as described in the checkout and/or Session confirmation.
Where explicitly stated by the Contractor for a specific product/track, a Mentoring Session may be intended to support the Customer’s documentation for professional bodies; however, acceptance of any hours/records is determined solely by the relevant professional body (including ICF).
1.4. “Supervision Session” means a reflective professional supervision session aimed at professional support, reflective practice, ethics, blind spots and quality of professional work.
A Supervision Session is not “Mentor Coaching” and is not intended by the Contractor to satisfy ICF Mentor Coaching hour requirements. The Customer is responsible for confirming current credentialing requirements with ICF or any other body.
1.5. “Specialist” means the specialist engaged by the Contractor to deliver the Session (mentor/supervisor). The Specialist is intended to hold an ICF Professional Certified Coach (PCC) credential or an equivalent professional qualification as determined by the Contractor. The Contractor may replace the Specialist with an equivalently qualified specialist.
1.6. “Platforms” means any online tools designated by the Contractor for delivery of the Services, including (without limitation) video conferencing, communication and collaboration tools.
1.7. “Session Date” means the scheduled date and time of the Session confirmed by email (or another written channel designated by the Contractor).
1.8. “Session Start” means the scheduled start time of the Session Date in the time zone stated in the Session confirmation. If no time zone is stated, HKT applies. The Customer joining late does not shift Session Start.
1.9. “Booking Window” means the period during which the Customer must schedule the Session. Unless explicitly stated otherwise in the Checkout Confirmation, the Booking Window is fourteen (14) calendar days from the moment payment is credited under Section 6.3.
1.10. “Policies” means the Contractor’s policies and rules published on the Contractor’s website and/or communicated by email and/or via the Platform(s), including (without limitation) code of conduct, recording rules, rescheduling/no-show rules, accessibility and non-discrimination rules, and the complaint (grievance) procedure.
Policies link: https://european-coaching.university/philosophy_politics.
1.11. “Privacy Notice” means the Contractor’s privacy notice published at: https://european-coaching.university/privacy_policy. The Privacy Notice forms an integral part of this Offer.
1.12. “Checkout Confirmation” means the definitive price, currency, taxes/fees (if any), the Session Type, and other key purchase details shown in the authorized checkout interface and confirmed by the payment receipt/invoice/confirmation.
1.13. “Business Day” means a day (other than Saturday, Sunday or a public holiday) on which banks are generally open for business in Hong Kong.
1.14. “HKT” means Hong Kong Time (UTC+8).
1.15. “Customer Content” means any information the Customer shares during or in connection with the Session, including case descriptions, answers, uploads and communications.
1.16. “Third-Party Personal Data” means any personal data relating to any person other than the Customer (including the Customer’s clients) that could identify them directly or indirectly.
1.17. “Session Data” means any content and metadata related to Sessions, including audio, video, screen content, chat, participant lists, transcripts, summaries, notes, timestamps and logs.
1.18. “Derived Data” means any data created from Customer Content and/or Session Data, such as transcripts, translations, summaries, tags, embeddings, scores, classifications, profiles, analytics outputs and benchmarking indicators.
1.19. “Artificial Intelligence Systems” means any machine-learning, statistical, automated or generative tools used for processing, analysis, creation or improvement of Derived Data and related outputs.
1.20. “Profiling” and “Scoring” mean systematic classification, benchmarking indicators, tagging and/or “traffic-light” ratings used for personalisation, matching, risk management and quality assurance. Profiling/Scoring under this Offer is not credit scoring or banking-style financial assessment.
1.21. “Attendance Confirmation” means a confirmation statement issued by the Contractor confirming the Session date, duration and the Customer’s participation for the Customer’s administrative use only. The Contractor does not guarantee acceptance of any Attendance Confirmation by any third party (including ICF).
1.22. “Target Audience” means practitioners and audiences relevant to the Contractor’s professional education and informational services, including (without limitation) coaches, psychologists, trainers, HR specialists, and business/entrepreneurial audiences related to soft skills, certification/credentialing, or business growth.
1.23. “Competing Scalable Product/Activity” means any scalable offering, activity or involvement (paid or free; online or offline; direct or indirect) targeting the Target Audience, that is the same as, substantially similar to, or reasonably regarded as competing with the Services and/or the Contractor’s offerings. This includes, without limitation:
(a) Educational Formats: scalable online courses, training programs, specializations, workshops, webinars, cohorts or intensives;
(b) Support Formats: supervision, mentoring/mentor coaching, masterminds, group coaching, trainings or retreat programs;
(c) Community Formats: subscription-based communities, clubs, membership sites or similar memberships;
(d) Technology: AI-based solutions, chatbots, tools or platforms targeting the Target Audience (regardless of whether features are identical);
(e) Methodology: products using client profiling, personalised learning tracks, competency-based assessment or similar evaluation methodologies;
(f) Invisible Involvement: ghostwriting, behind-the-scenes methodological support, or advising/supporting competitors;
(g) Other: any similar activity where a person’s involvement contributes to brand awareness, scalability, or commercial success of a competitor.
1.24. “Competing Services” means Services and/or Competing Scalable Product/Activity that are the same as, substantially similar to, or reasonably regarded as competing with the Services and/or the Contractor’s offerings, including any offering created using, derived from, based on, or substantially replicating the Contractor’s materials, methodologies, Session structure, evaluation approach, scoring schemas, Derived Data outputs, or other proprietary elements.
1.25. “Personal Data” means any information relating to an identified or identifiable natural person (including the Customer).
2. SUBJECT AND NATURE OF SERVICES
2.1. The Contractor provides the Customer with the Services (one Session of the Session Type shown in the Checkout Confirmation, unless the Checkout Confirmation specifies more than one Session), and the Customer pays the applicable fee.
2.2. Minimum volume. Unless explicitly stated otherwise in the Checkout Confirmation, the minimum volume is sixty (60) minutes of live online interaction per Session.
2.3. The Services are informational/consulting in nature and aimed at professional skill development and reflective practice. The Services are not medical, psychotherapeutic, psychological, or clinical services, and no results or outcomes are guaranteed.
2.4. The Customer confirms familiarity with, and agrees to act consistently with, the ICF Code of Ethics (as updated from time to time, as applicable to the Customer and the context) and the Contractor’s Policies.
2.5. The Contractor may engage employees and/or third parties to deliver the Services and remains responsible for their work within the scope of the Services.
2.6. The Services are not a state-accredited academic degree in Hong Kong. The word “University” may be used as a brand/trade name.
3. ACCEPTANCE; CONTRACT FORM; EVIDENCE; NOTICES
3.1. The Customer accepts this Offer by completing payment through the Contractor’s authorized payment channels (including checkout payment providers) and/or by another explicit method indicated by the Contractor in writing.
3.2. This Offer and the Customer’s acceptance constitute a binding agreement. Electronic means of contracting and communication are legally valid.
3.3. No act of services rendered is required. Email correspondence, scheduling confirmations, Platform logs, attendance reports and other system records may serve as evidence of communications and performance.
3.4. Individual Agreement precedence. If the Parties additionally execute an individual agreement or written addendum electronically (“Individual Agreement”), such Individual Agreement shall prevail in case of any discrepancies, and this Offer applies only to the extent it does not contradict the Individual Agreement.
3.5. Notices may be sent by email and/or via another written channel designated by the Contractor. A notice is deemed delivered at the moment of sending, provided the sender has system confirmation of dispatch (where available).
4. FORMAT; SCHEDULING; TIME ZONES; RESCHEDULING; NO-SHOWS; TECHNICAL ISSUES
4.1. The Session is delivered live online via the Platforms. The Customer is responsible for stable internet access and working audio.
Video (camera) may be required by the Contractor for quality and/or identity/safety reasons. If video is required and the Customer refuses to comply, the Contractor may terminate the Session and treat it as a no-show / Session deemed rendered under Section 4.6(d), unless mandatory law requires otherwise.
4.2. Time zones and Prague time convenience.
(a) Scheduling communications may use Europe/Prague time (CET/CEST) by mutual agreement for convenience.
(b) The legally relevant time zone and Session Start must be stated in the Session confirmation. If times are shown in more than one time zone, the time explicitly stated as “Session Start” in the confirmation prevails.
4.3. Scheduling within the Booking Window.
(a) The Customer must request and schedule the Session within the Booking Window.
(b) The Contractor will propose at least three (3) alternative time slots within the Booking Window, subject to Specialist availability.
(c) If the Customer does not respond, the Contractor will send one (1) written reminder within the Booking Window. If the Customer still does not schedule within the Booking Window after such reminder, Section 4.4 applies.
4.4. Failure to schedule. If the Customer does not schedule the Session within the Booking Window despite the Contractor’s actions under Section 4.3, the fee becomes non-refundable as compensation for availability reservation and administrative costs, unless mandatory law requires otherwise.
4.5. Customer reschedule (one time per Session).
(a) The Customer may reschedule the Session one (1) time by giving at least twenty-four (24) hours’ prior written notice before Session Start.
(b) Reschedule requests made less than 24 hours before Session Start may be refused and are treated as a no-show under Section 4.6.
4.6. Late arrival; no-show; early termination.
(a) If the Customer is late, the Session ends at the scheduled end time and is not extended.
(b) If the Customer is more than fifteen (15) minutes late, the Contractor may treat the Customer as a no-show; the Session is deemed rendered in full and no refund is due, unless mandatory law requires otherwise.
(c) If the Customer fails to attend (no-show), the Session is deemed rendered in full and no refund is due, unless mandatory law requires otherwise.
(d) If the Contractor terminates the Session due to the Customer’s material misconduct, refusal to follow required safety/identity rules, or safety/compliance reasons (Section 9), the Session may be deemed rendered and no refund is due, unless mandatory law requires otherwise.
4.7. Technical issues.
(a) If the Customer’s technical issues prevent participation, the Session is still deemed rendered (including under Section 4.6) unless the Contractor decides otherwise at its discretion.
(b) If the Contractor’s or Platform’s technical issues prevent delivery, the Contractor will reschedule at no extra charge. If rescheduling is not reasonably possible, refunds (if any) are handled under Section 7.6.
5. RECORDING; DATA PROCESSING (SUMMARY); CONFIDENTIALITY; THIRD-PARTY DATA
5.1. Privacy Notice applies. Processing of personal data is governed by the Privacy Notice, which forms an integral part of this Offer.
5.2. Recording is a condition of participation; Customer recording prohibited.
(a) Contractor recording. Sessions are recorded (audio/video/screen/chat) and related data may be processed for the purposes described below and in the Privacy Notice.
(b) Customer recording prohibited. The Customer must not record, screenshot, screen-capture, stream, or otherwise capture any non-public part of the Session, including audio, video, chat, screen content, participant identity, or materials, except where expressly permitted in writing by the Contractor and where all required third-party consents are obtained.
(c) Recording access by default. Recordings and related artefacts are confidential internal records and are not provided to the Customer by default. Recording access may be provided only if (i) required by mandatory law, or (ii) expressly stated in the Checkout Confirmation, or (iii) expressly agreed by the Contractor in writing.
If Recording access is provided, it is provided for personal use only, is non-transferable, must not be shared with any third party, may be time-limited, and may be revoked if the Customer breaches this Offer or the Policies.
(d) Consent where required. Where applicable law requires separate consent for recording or certain processing, the Contractor will request such consent. If the Customer does not provide the required consent, the Contractor may decline to provide the Session and treat this as the Customer’s cancellation; refunds (if any) are governed by Section 7, unless mandatory law requires otherwise.
(e) No sharing of Recording access. If Recording access is provided, the Customer must not share links, files, credentials or any access method with any third party. Any such sharing is a material breach and may result in immediate revocation of access, termination and no refund, to the maximum extent permitted by law.
5.3. Data processing purposes (expanded summary; aligned with Privacy Notice).
The Contractor may collect, use, disclose, transfer, store and otherwise process Personal Data in connection with the Services, including Customer Content, technical/usage data, and Session Data, and may generate Derived Data.
Processing may be performed with automated and AI-assisted tools (“Artificial Intelligence Systems”) for purposes including:
- service delivery and administration (scheduling, delivery, support, communications);
- professional accreditation and verification (where applicable and requested by the Customer), including issuing Attendance Confirmations and sharing verification where required by a relevant professional body, subject to safeguards;
- quality assurance, supervision/oversight of Specialists, internal training and improvement of methodology and content;
- safety, security and fraud prevention; incident investigation;
- compliance and dispute handling; record-keeping and legal claims;
- analytics, research and controlled experiments (e.g., A/B testing) and improvement of the Contractor’s website, Platforms and Services;
- development, training, fine-tuning, validation, evaluation and benchmarking of the Contractor’s AI systems, analytics methods and scoring schemas to the maximum extent permitted by law, using de-identified/aggregated data where feasible and appropriate.
Profiling/Scoring outputs are not medical, psychotherapeutic or clinical services and are not used for credit scoring or banking-style assessment.
Where applicable law requires, materially adverse decisions that significantly affect the Customer will not be based solely on automated processing and may involve human review.
Marketing uses (if any) require consent where required and include opt-out mechanisms, as described in the Privacy Notice.
5.4. Sharing, recipients and access (summary aligned with Privacy Notice).
The Contractor may share Personal Data on a need-to-know basis with:
(a) Specialists, moderators, staff and contractors involved in delivering/supporting the Services under confidentiality;
(b) service providers acting on the Contractor’s instructions, such as hosting and cloud storage, platform providers, communications and customer support tools, CRM tools, analytics providers, transcription providers, AI systems providers, video conferencing/webinar/scheduling tools, and payment processors;
(c) professional advisers (lawyers, accountants, auditors) where necessary;
(d) advertising/analytics partners (e.g., Google/Meta technologies) for analytics/remarketing subject to settings/consents, as described in the Privacy Notice;
(e) authorities or third parties where required by law/court order or to protect rights and safety; and successors/affiliates in corporate reorganisation, merger, acquisition or asset sale, subject to safeguards.
The Contractor does not disclose Personal Data to third parties for their own direct marketing purposes and does not sell Personal Data as a standalone business model, as described in the Privacy Notice.
5.5. International transfers; retention; security (summary).
(a) International transfers may occur because the Contractor uses global service providers; appropriate safeguards are used as described in the Privacy Notice.
(b) Retention: Personal Data is retained as long as necessary for the purposes described, and may be retained longer for security, fraud prevention, compliance, disputes, legal claims, or where irreversibly anonymised/de-identified.
(c) Security: the Contractor implements reasonable organisational and technical measures (access controls, authentication, encryption in transit where available, logging/monitoring, malware protection, backups, incident response). No method of transmission/storage is fully secure.
5.6. Customer rights and requests are governed by the Privacy Notice and applicable law. Requests may require identity verification.
5.7. Third-party data; Customer responsibility (critical).
(a) The Customer shall not disclose identifiable Third-Party Personal Data during the Session and shall anonymise cases to the maximum extent possible. If any third-party information is strictly necessary, the Customer shall disclose only the minimum necessary and avoid any direct identifiers (names, contacts, addresses, unique IDs), unless the Customer has lawful grounds and any required consents.
(b) The Customer acknowledges that recordings and Session Data may be accessed and processed by the recipient categories described in this Offer and the Privacy Notice (including Specialists, staff/contractors, and service providers). The Customer is solely responsible for ensuring they have a lawful basis and any required consents/permissions for any Personal Data (their own or third parties’) that they disclose, including for recording, storage, review, AI-assisted processing, cross-border transfers and retention as described in this Offer and the Privacy Notice. This is not the Contractor’s responsibility.
(c) Sensitive data. The Customer should avoid disclosing sensitive/special-category data (such as health data, biometric identifiers, political opinions, religious beliefs, sexual life, or similar) unless strictly necessary and lawful. If disclosed, it must be minimised and anonymised where feasible.
(d) If the Customer discloses Third-Party Personal Data, the Customer represents and warrants that they have all rights and any required consents to share and allow processing of such data for the purposes of the Services and this Offer.
(e) The Customer shall indemnify and hold harmless the Contractor from any third-party claims, losses, reasonable legal fees, penalties or expenses arising from the Customer’s breach of this Section 5.7, unless prohibited by mandatory law.
5.8. Material breach; liquidated damages (not a penalty).
(a) Any breach of Section 5.2(b) or 5.2(e) (Customer recording/capture and/or sharing Recording access) and/or unauthorised disclosure or publication of Session content is a material breach.
(b) In case of such breach, the Customer shall pay liquidated damages (not a penalty) of USD 2,000 per incident as a genuine pre-estimate of losses (including enforcement, reputational and compliance costs), and the Contractor may seek injunctive relief and additional damages where permitted by law.
5.9. Confidentiality of the one-to-one Session.
(a) The Contractor and the Specialist will take reasonable steps to treat Customer Content and Session discussions as confidential, subject to the Privacy Notice, legal obligations, safety/security needs, quality assurance, supervision/oversight of Specialists, record-keeping and dispute resolution.
(b) The Customer shall keep confidential any non-public information received from the Contractor or the Specialist, including materials, methodologies, templates, Session structure, and any feedback or evaluations provided, and shall not disclose it to third parties.
(c) The Contractor may seek injunctive relief for breach of this Section 5.9, to the maximum extent permitted by law.
6. FEES AND PAYMENT
6.1. Payment method: lump sum (one-time payment).
6.2. Checkout Confirmation prevails. The definitive price, currency, Session Type and payment details are those shown in the Checkout Confirmation. In case of discrepancy, the Checkout Confirmation prevails.
6.3. Payment is deemed completed when the funds are credited to the Contractor’s account (or to the account of its authorized payment provider).
6.4. Customer’s bank instalments/credit/BNPL. If the Customer uses any instalment/credit/BNPL product, such arrangement is solely between the Customer and the bank/provider. The Contractor is not a party to such arrangement.
7. RESCHEDULES, CANCELLATION AND REFUNDS; CHARGEBACKS
7.1. Customer reschedule (>=24h) is governed by Section 4.5.
7.2. Customer cancellation and refund (>=24h).
(a) The Customer may cancel by giving at least twenty-four (24) hours’ prior written notice before Session Start.
(b) In such case, the Contractor refunds the amount paid, less a fixed deduction equal to thirteen percent (13%) of the refund amount to cover taxes and transaction/administrative costs incurred in receiving payment and processing the refund, unless mandatory law requires otherwise.
7.3. Late cancellation (<24h) / no-show: no refund. Cancellations made less than 24 hours before Session Start are treated as a no-show and are non-refundable, unless mandatory law requires otherwise.
7.4. Unscheduled Sessions (before booking).
(a) If the Session has not yet been scheduled, the Customer may request cancellation and a refund within the Booking Window.
(b) The refund is processed under Section 7.2(b). After the Booking Window expires, refunds are not available under Section 4.4, unless mandatory law requires otherwise.
7.5. Refund procedure.
(a) Refund requests must be sent from the payer’s email used in payment and include proof of payment and reasonable identity verification.
(b) Processing time: at least fifteen (15) calendar days from receipt of a complete request.
(c) Refunds are made to the original payment instrument where technically possible.
7.6. Contractor cancellation before Session Start: 100% refund.
If the Contractor cancels the Session and cannot reasonably reschedule within thirty (30) calendar days (or another period agreed in writing), the Customer may request a 100% refund of the amount paid for that Session (no 13% deduction), unless mandatory law requires otherwise.
7.7. Chargebacks and payment disputes.
(a) If the Customer initiates a chargeback, reversal or payment dispute after receiving the Service (including where the Session is deemed rendered under Section 4.6), this constitutes a material breach.
(b) The Contractor may provide evidence (including logs and correspondence) to the payment provider and may suspend any further services/communications pending investigation until the dispute is resolved.
(c) To the maximum extent permitted by law, if the chargeback/payment dispute is resolved in the Contractor’s favour or is withdrawn by the Customer, the Customer shall reimburse the Contractor for reasonable chargeback/dispute fees and costs incurred in connection with such dispute.
8. INTELLECTUAL PROPERTY; NO SHARING; NON-SOLICITATION; NON-CIRCUMVENTION; NO COMPETING USE
8.1. All intellectual property rights in the Contractor’s materials, methodologies, templates and any content provided by the Contractor or Specialist (excluding Customer Content) belong to the Contractor (or its licensors).
8.2. The Customer receives a limited, non-transferable, non-exclusive licence for personal professional development use only. The Customer must not copy, publish, distribute, sell, sublicense, train AI models on, or create derivative works from Contractor materials without prior written permission.
8.3. No sharing. The Customer must not share Session links, access details, or any materials with third parties.
8.4. Non-solicitation / non-circumvention of Specialists and Contractor personnel (no exceptions).
During the term and twelve (12) months after termination, the Customer shall not directly or indirectly engage, hire, contract with, or otherwise obtain services from the Specialist and/or the Contractor’s staff/contractors involved in the Services in circumvention of the Contractor, in relation to Competing Services, without the Contractor’s prior written consent.
Liquidated damages (not a penalty): USD 2,000 per instance. The Contractor may also seek injunctive relief and additional damages where permitted by law.
8.5. No solicitation of Contractor customers, leads, participants, or community members.
During the term and twelve (12) months after termination, the Customer shall not solicit, induce, divert, attempt to divert, or offer/provide Competing Services to any customer, prospective customer, lead, participant, or community member of the Contractor, where the Customer became aware of such person through the Contractor directly or indirectly (including via any Contractor course, program, event, community, platform, Session, Recording access, or communication), without the Contractor’s prior written consent.
Liquidated damages (not a penalty): USD 5,000 per instance. The Contractor may also seek injunctive relief and additional damages where permitted by law.
8.6. No competing programs/products based on Contractor IP; restricted competing scalable activity using Contractor elements.
The Customer shall not copy, publish, distribute, sell, sublicense, market, create, launch, or contribute to the growth of any Competing Services or any Competing Scalable Product/Activity where such competing offering is created using, derived from, based on, or substantially replicates the Contractor’s materials, methodologies, templates, Session structure, evaluation approach, scoring schemas, Derived Data outputs, or other proprietary elements.
In case of breach, the Customer shall pay liquidated damages (not a penalty) of USD 20,000, and the Contractor may seek injunctive relief and additional damages where permitted by law.
9. SAFETY; CODE OF CONDUCT; CONTRACTOR TERMINATION/SUSPENSION
9.1. The Customer must comply with the Policies and maintain respectful conduct. Harassment, threats, hate, unlawful content, recording attempts, sharing Recording access, or other material misconduct constitute a material breach.
9.2. The Contractor may suspend communications and/or terminate the agreement and/or stop the Session immediately for safety/compliance reasons (including pending investigation). In such case, the Session may be deemed rendered and no refund is due, unless mandatory law requires otherwise.
10. COMPLAINTS (GRIEVANCE) PROCEDURE — CONDITION PRECEDENT
10.1. The Customer shall first attempt to resolve any issue directly with the Specialist/manager.
10.2. If unresolved, the Customer must submit a written complaint within seven (7) calendar days of the issue arising by emailing ecu.education.manager@gmail.com or using the official form if published: https://forms.gle/XyAjhtNZgg3Yv8vMA.
10.3. The Contractor reviews the complaint within fourteen (14) calendar days.
10.4. Appeals must be submitted within an additional fourteen (14) calendar days from the response.
10.5. Completion of this internal grievance and appeal procedure is a mandatory condition precedent to filing any lawsuit or initiating legal proceedings against the Contractor, unless mandatory law prohibits such limitation.
11. LIABILITY; DISCLAIMERS
11.1. No guarantee of results. The Services are not medical, psychotherapeutic or psychological counselling.
11.2. To the maximum extent permitted by applicable law, the Contractor’s aggregate liability shall not exceed the amount actually paid by the Customer for the Session. The Contractor shall not be liable for indirect, punitive or consequential damages.
11.3. Nothing limits liability that cannot be excluded or limited under applicable law.
12. GOVERNING LAW; PRE-TRIAL CLAIM; FORCE MAJEURE
12.1. Governing law: Hong Kong. Jurisdiction: non-exclusive courts of Hong Kong, unless mandatory law requires otherwise.
12.2. Pre-trial claim procedure: a written claim by email; response within ten (10) Business Days.
12.3. Force majeure. If performance is prevented by force majeure beyond reasonable control, deadlines are extended for the duration of force majeure. If force majeure continues for more than fifty (50) consecutive calendar days, either Party may terminate; the Contractor refunds the unrendered portion (if any), unless mandatory law requires otherwise.
13. DIRECT MARKETING; PUBLICITY; SYNTHETIC MEDIA
13.1. Direct marketing (where permitted; consent where required) and opt-out mechanisms are governed by the Privacy Notice.
13.2. Publicity/testimonials/marketing use of the Customer’s name, image, voice, or excerpts of recordings requires the Customer’s separate explicit consent, as described in the Privacy Notice.
13.3. The Contractor will not publicly impersonate the Customer or publish synthetic media portraying the Customer (voice cloning/deepfakes) without separate explicit consent specifically covering synthetic media, as described in the Privacy Notice.
14. UPDATES; MISCELLANEOUS
14.1. The Contractor may update this Offer by publishing a new version. A new version applies only to Customers who accept the Offer after the publication date.
14.2. Policies and/or the Privacy Notice may be updated by publication/notice. Unless stated otherwise, updates become effective on the 5th (fifth) calendar day after publication/notice. Updates shall not materially reduce the Customer’s rights.
14.3. Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
14.4. No waiver. Failure to enforce any provision is not a waiver.
14.5. Assignment. The Customer may not assign rights/obligations without the Contractor’s prior written consent. The Contractor may assign the agreement as part of corporate reorganisation/transfer, subject to applicable law.
15. CONTRACTOR DETAILS
ECU Limited (Reg. No. 76667088)
Unit B, 11/F Yam Tze Commercial Building, 23 Thomson Road, Wan Chai, Hong Kong
Email: ecu.education.manager@gmail.com
