Last updated date: January 2021
Version: (1)
Take your time…
We encourage our users (“you” or the “client”) to read this document carefully because, once accepted, it becomes legally binding upon them and will govern their use of www.ruxettedragan.com (the “website” or “our website” or any similar terms) and to benefit from our services.
Essentially:
We promise you not to deceive you. In return, we are asking you to be fair with us;
Our materials and services are provided as such, without any guarantee, explicit or implicit, and without any liability on our part, except for the liability undertaken by us or imposed under the law.
The unauthorised copying of our materials or of our concept is a theft and we ask you not to do it;
You must use our website and our services in good faith and in a non-abusive manner. If we learn that our website or our services are used illegally or in breach of our contract, we may terminate your access to them, and we shall seek legal remedies for the compensation of damages;
Coaching implies your commitment and involvement. We reserve the right to cease our collaboration with you if you do not take your self-improvement seriously;
We may, from time to time, modify these terms and conditions, but you will be notified about it, by email.
About us
This website https://ruxettedragan.com/ is owned and operated by Supreme Brilliance FZ-LLC, headquartered at RAKEZ Ras Al Khaimah Business Center, registered with the Ras Al Khaimah Economic Zone Authority, UAE, under No 47002811/12.11.2019 (hereinafter referred to as “Ruxettedragan”, “we” or by any other similar term).
We have built and we use the trademarks Ruxette Dragan, The Manifesto (Everything is possible)®, The Manifesto Coach®, […] in connection with any activity relating to our website and the placement of orders for the exclusive digital content provided on it (the “coaching service(s)”), including for marketing and promotion activities.
For any additional information or feedback, please contact us at faith@ruxettedragan.com or use the contact form on our website or the postal address mentioned above.
These Terms and Conditions are part of your contract with us
To be able to order our coaching service(s), you need to accept these Terms and Conditions of use (hereinafter, the ”Terms and Conditions” or the ”T&C”) by checking the relevant accept box.
These Terms and Conditions, together with the Confidentiality Policy and the Cookie Policy represent your contract with us and are equally binding on the parties in terms of placing orders and using our coaching services, as well as for using this website (without placing an order for services). These documents form a distance contract within the meaning of the applicable legislation.
The voluntarily checking of the consent form (checkboxes) appearing upon the placement of each order shall be regarded as an express acceptance of these Terms and Conditions.
Where you do not place an order and you do not check the consent form expressly, by navigating this website, you undertake to abide by these Terms and Conditions, along with the other documents forming your contract with us.
We recommend you to save/store these Terms and Conditions (the version in place on the date you accessed our website or at the time of your order, as the case may be), in case you cannot access them later.
We can modify these T&C from time to time to reflect any changes in the law or in our internal practices, etc. Such amendments will be valid only for the future, unless the law provides for their retroactive application. In other words, the purchases already made are regulated by the T&C previously in place and shall not be affected by any subsequent changes to the Terms and Conditions.
Any such amendments to the T&C will be notified to you, to the email address you provided, and are valid from notification date, for the future. For those who did not provide an email address for contact, the modifications of these T&C become effective upon their posting on this website.
If you do not agree with all the amendments, you should stop using this website and placing orders for our coaching service(s). If, however, you continue to use this website after the modifications have been posted, we shall consider you have adhered to all such modifications.
Coaching services
Our coaching service(s) represent(s) a set of exclusive services aiming to deliver digital content for customised training and mentorship to those who seek self-improvement. For services to legal entities, you may contact us using the contact data under Article 5 of these T&C to negotiate a separate arrangement.
Our coaching service(s) were created based on the extensive experience and the proven results of the creator of this concept, who wanted to share their perspective and practical advice.
The structure of our services, including the planning and materials presented to the clients, will be decided by us, at our discretion, and may be altered in any way we may deem fit, for a better assimilation by the client. The requirements for your participation in each individual programme may vary from one case to another and are established individually.
Our coaching services, including the materials provided or presented to you, as well as the structure of the training sessions are trade secrets of Ruxettedragan and therefore are protected by intellectual property rights, including copyright. By providing them to you, you are given a nonexclusive and non-assignable global license to use our coaching services and relating materials for your personal benefit, exclusively. Any other use of them without the consent of Ruxettedragan shall be considered a breach of our intellectual property rights punishable under the legislation in force. For avoidance of doubt, this shall not prevent us from granting similar licenses or rights to any other person.
Our coaching service is not a medical service, nor, without limitation, a psychology, physiotherapy or psychiatry service. This is why we do not provide diagnostics, medical advice or medical treatment; for these issues, you should see a certified professional.
We shall not be accountable for the use of any dietary or other medicines or supplements that the Client consumes while in or following the coaching programme, as these have nothing to do with such participation and are not guaranteed or assumed by Ruxettedragan in any way. Ruxettedragan does not provide medical assistance and is not involved in the promotion/sale of medicines and, therefore, shall not be accountable for any consequences that may arise in connection with the participation in the coaching programme of those participants who suffer from an illness or choose certain medicines or supplements.
The Client should inquire a specialised physician about whether or not it is safe for them to participate in the coaching service. We shall not be accountable for any adverse effects on the Clients’ health that may appear during their participation in the coaching services.
How to access and purchase the coaching service. Duration of the contract
The coaching service(s) may be purchased by the people aged 18 or by those who have full legal capacity. The minors who have turned 14 years old may also purchase these services, subject to the written consent of their legal representatives, which shall be submitted to us.
We reserve the right to ask for any documentation that may attest to the compliance with the requirement provided in Article 21.
To make a purchase of the coaching service(s), you may contact us using the contact data in provided in Article 5 of these T&C or you may access the contact link provided on our social media outlets (Facebook, Instagram, and Whatsapp). Furthermore, during the provision of the coaching services, we may grant you access to exclusive and customised coaching packages.
As soon as you request a purchase, we shall send you a link to our online store. In this section, you will be able to select one of our coaching service package. After you select it, you will be redirected to the order form to provide your invoicing data (surname, given name, telephone number, email address) (the “Order”).
The purchase of the service is possible only if:
You confirm you have the necessary age to make the purchase according to Article 21, including the necessary authorisations; and
You explicitly accept the Terms and Conditions; and
You declare to acknowledge that by pressing the “Cumpără”/”Buy” button you will undertake the purchase, which will result in the payment of a sum of money displayed on this website; and
You declare to acknowledge that the purchase of the coaching service is a digital content purchase to the provision of which you have agreed and in connection to which you waive your right to withdraw from the contract (see the details regarding the right to withdraw in art. 61 and the following).
The acknowledgements and representations in Article 25 will be provided upon checking the relevant boxes, before completing the purchase by pressing the “Cumpără”/”Buy” button.
The purchase is complete the moment we receive confirmation from our payment processor that the money was debited from your account or, as the case may be, upon the crediting of the Ruxettedragan account with the sum agreed upon. You will be emailed a confirmation of the completion of the purchase, along with a copy of these Terms and Conditions, as applicable at the time of the purchase.
Ruxettedragan may grant you access to the coaching services for a trial period, for free. In this case, the conditions of access are those provided in Article art. 25, with the exception of those relating to the payment of the price. During your free access, these you shall be bound by these T&C, except for the provisions relating to the payment of the price.
For the clients who purchase or access the coaching service(s), the contract between us shall cover the period required for the provision of the coaching services, including the services relating thereto. If you are just visiting this website without the intention to make a purchase, the contract shall remain in effect throughout your visit.
The termination of the contract shall not impair those obligations which are to be performed even after such termination (e.g. the obligation to observe the intellectual property rights).
Prices. Invoicing. Payment
The price for the coaching services is the one posted on the website upon making the purchase. The prices are expressed in Emirati dirham (EAD).
The prices are payable in EAD, in net amount, which must credit, effectively and entirely, our accounts. If the payment is made in another currency, then it shall be equated to the price expressed in Emirati dirham (EAD), at the exchange rate of our bank.
For the avoidance of any doubt, you shall incur any expenses pertaining to the transfer of the monies representing the price, including, without limitation, the bank fees or the exchange rate differences from your bank’s exchange rate. Where the net amount is not paid to our account, we shall request the payment of any potential differences, and our services will not be provided until after their payment.
We make every effort to ensure that the prices posted on this website are correct and complete. However, if a price on this website is obviously mistaken, we are not obligated to provide you our services for such price, and such purchase shall be annulled, and we shall return any sum paid for such service. Then you may repeat the purchase for the correct price.
The price of our coaching services may be modified, at our discretion, without prior notice. However, any such modification shall not affect the purchases already made.
We shall invoice the coaching service(s) purchased upon the completion of the purchase or upon the confirmation of the payment by our payment processor. The Client has an obligation to provide all the information required for invoicing, according to the legislation in force, by the Order placed according to Article 24.
The Client shall receive, upon his request, the invoices for the services in electronic format only, at the email address stated in the Order. Electronic invoices shall contain the same information that invoices issued in hard copy normally contain.
The payment can be made on our website, by debiting your debit card or your credit card. Thus, by pressing the “Cumpără”/„Buy” button, you will be redirected, according to Article 26, to our payment processor CC Avenue, where your debit card or credit card details shall be required. Visa, Mastercard, American Express debit cards or credit cards are accepted.
Your debit card or credit card details are not collected or accessed by us, but by our payment processor CCAvenue (https://www.ccavenue.com/). This information is provided directly on the CCAvenue website.
Alternatively, the payment can be made by a payment order, Paypal, Revolut. Payment by payment order is made to the account RO07BTRLRONCRT0570302301, held at Banca Transilvania, to the name of Ruxandra Ioan Dragan II, SWIFT: BTRLRO22XXX.
If any sum payable to us by the Client is not paid, we reserve the right to terminate the contract concluded with you, without notice of delay and without court intervention.
As a general rule, the sums paid to Ruxettedragan are not subject to reimbursement, except as required under the law. Nevertheless, the requests for reimbursements are considered individually and may be settled favourably, at the discretion of Ruxettedragan
Access to the services and content delivery
The coaching service involves providing exclusive content through digital outlets, according to the planning established by Ruxettedragan.
Such content may consist of texts or audio /video recordings developed by Ruxettedragan (including, without limitation, covers, calendars, postcards, illustrations), presented electronically, via Internet, in various formats, placed on the social media by Ruxettedragan, accessible to the users following their addition to a private chat or channel. Thus, the content includes (i) text information, (ii) audio materials, (iii) video materials, (iv) photographic materials, (v) links to materials posted via other sites and services, etc. (the “Provided Content”).
The access to the coaching services and related materials is granted upon the completion of the purchase or, for the free services, upon the delivery of the relevant materials by Ruxettedragan, which delivery shall not be delayed. For the avoidance of any doubt, the access is individual, in consideration of the Client’s person, and non-transmissible.
The access is conditional upon the observance of these T&C and, in particular, without limitation, upon the rules of conduct as provided in Article 47 and the following. Ruxettedragan reserves the right to cease the provision of the services, without delay, without court intervention, and without any other formalities where these rules of conduct are not observed.
Clients’ conduct
The Client must fill in all the mandatory fields in the Order.
The Client must make the payments in full and on time, according to the provisions hereto.
The Client must use the Provided Content according to the license granted to them under Article 17, but also for personal and non-commercial purposes, in particular, for reading, listening, watching, as well as for other personal needs that are not associated with a professional/entrepreneurial activity.
The Client agrees (i) to strictly observe the conditions for participating in every session/topic, as well as in the entire coaching programme, (ii) not to disseminate any information, documents, data aiming for war propaganda, inciting national, racial or religious hatred and enmity, as well as other information, documents, data that may be considered offensive, discriminatory or potentially harmful to the dignity or to other rights and values of other participants in the programme or which are immoral, (iii) not to post advertising, erotic, pornographic materials or any other information which publication is prohibited under, or contrary to, the current norms of the legislation in force, (iv) not to lend/transfer their access to any third parties, (v) not to register an Order in the name or on behalf of another, except as provided by the applicable law, (vi) not to use scripts (programmes) for the automatic collection of information, (vii) not to breach their obligations in any way that may affect the performance of the Services. The Client understands and expressly adheres to the provisions of this clause.
The Client has no right (i) to transfer or distribute the Provided Content to third parties, in full or in part, (ii) to distribute the Provided Content by using media outlets, including, without limitation, the radio, the television and the internet, (iii) to produce (copy) the materials or elements thereof, in any form, (iv) to modify or process the texts, the structure or the appearance of the Provided Content. The Client fully understands and expressly undertakes that a breach of these provisions is a breach of the license for use granted to them, and shall trigger the Client’s liability according to the legislation in force.
The Clients are also forbidden: (i) to create groups on the social media using the database containing the phone numbers of other Clients, and to invite participants to join these groups; (ii) to send other Clients personal, commercial, advertising or non-commercial messages (charity calls). If you breach these interdictions, Ruxettedragan reserves the right to automatically terminate the access of these Clients to the Provided Content and the coaching services, without formal notice and without court intervention, with the retention of any amounts paid. The termination of the contract shall not exclude the liability of the person responsible for the damage incurred by Ruxettedragan.
The discipline and seriousness of the Clients
Each participant in the coaching programme shall be assigned the tasks necessary for an efficient assimilation of the presented concepts; all these are mandatory and should be done within a specific timeframe, and Ruxettedragan has the right to ask the Client to achieve such tasks, and to do so within a specified timeframe.
In doing one’s tasks, punctuality is a necessary condition. Each task has a deadline, the violation of which may equate failure to do the task, thus compromising the very purpose of coaching.
Where Ruxettedragan considers that someone’s failure to do their tasks is compromising the efficiency of the coaching programme, Ruxettedragan may decide to terminate the Client’s contract, and the Client’s participation in the coaching programme, by excluding them from the programme and terminating their access to the services, without reimbursing the price paid by the Client. Termination shall occur at the initiative of Ruxettedragan, automatically, without other formalities and without court intervention. The Client understands and expressly adheres to the provisions of this clause.
If, for any reasons, the Client needs to complete their tasks within a period longer than the one established by Ruxettedragan, then the Client must notify Ruxettedragan about the same, before the expiry of the deadline for the submission of the completed task.
The reports on the completed tasks are sent by the Client to Ruxettedragan, in one of the following forms: (i) as a text, in a face-to-face discussion with Ruxettedragan, (ii) as a photo or a screenshot containing the completed tasks, (iii) a video report on the completed task, the reporting to be made after the completion of the final task. The report on the completed tasks may not in any way be realized as an electronic Word or Excel document or as an audio message, and the use of a video report is possible, but only after the completion of the assignment.
Communication with the Clients of Ruxettedragan
Upon placing your Order, you shall be asked to provide an email address for contact. You agree that we use this email address to officially communicate with you at any time, which is why we encourage you to check it regularly for any potential updates from us. The date of our communication with you shall be the first business day following the day on which we emailed you a specific communication, whether you access it or not.
For the provision of the coaching services (such as: delivery of the Provided Content, transmission of the course schedule or of other coaching-related instructions, transmission of feedback and of regular communications, etc.), we may also choose to communicate, for instance, through the message feature of the social media (e.g. Faceboook Messenger, Whatsapp, posts in the comments section, the chat channel for the services, etc.).
You may contact us by email, with acknowledgment of receipt, by using the contact form, at the address of our headquarters, or by any other way that will allow us to acknowledge the receipt of your message.
Clarifications regarding the right to withdraw
The contract concluded with you (see Article 7 and the following) is a contract concluded remotely within the meaning of the applicable law. However, the consumer’s right to withdraw does not apply in this case.
The object of your purchase is the coaching service, specifically, data that are digitally produced and delivered. The delivery of this type of (digital) content is subject to your express consent and to the express waiver of the right to withdraw, see Article 25.
Intellectual property
Ruxettedragan owns all the intellectual property rights over the Coaching Services and this website, and over any other versions thereof, including over the materials resulting from or in connection with the provision of the Coaching Services, over the source code and the object code of this website, over the graphic interface, the content posted by us, etc.
Any potentially harmful action to the intellectual property rights of Ruxettedragan is forbidden, including such action as: the unauthorised use of any materials or documents created in connection with the Coaching Services, including the copying thereof, in full or in part, or the dissemination, alteration, compilation, alteration of same or of this website, etc..
Ruxette Dragan, The Manifesto (Everything is possible)®, The Manifesto Coach®, […] are trademarks protected at national as well as European level. The use of these trademarks without our consent is forbidden.
You may not use in any way – without our prior written consent – any of the elements and the content on this website (photos, text, graphic elements or videos, images, design, layout, logos, registered or unregistered trademarks, commercial symbols, software, multimedia content, etc.); these are our (or our partners’) exclusive property, and their use without our permission shall trigger the consequences provided by the applicable laws.
Termination of the Contract
You may at any time withdraw from the Ruxettedragan coaching programme, after you’ve sent us a notice to that effect. However, the sums paid for the coaching service shall not be reimbursed, in principle, considering the customised nature of this service. Ruxettedragan may decide, in specific circumstances, at their discretion, the repayment, in full or in part, of the price paid by the Client.
Ruxettedragan may also decide that this contract will be terminated if you are in breach of any of your substantial obligations arising from these T&C and you fail to remedy it within 15 days after the receipt of a notice from Ruxettedragan to that effect. Termination shall occur upon the expiry of the 15-day deadline, without delay, without court intervention, and without other formalities.
However, in the case of a serious breach of these T&C, such as the breach of the intellectual property clauses or serious harm to the reputation of Ruxettedragan, termination shall occur automatically, without notice of delay and without court intervention.
The termination of these T&C shall not prevent the liability of those accountable.
Your personal data. Testimonials
Your personal data are confidential and will be processed in accordance with our Confidentiality Policy and Cookie Policy.
From time to time, we may post on our website the success stories of our coaching services or the clients’ feedback to them. We shall post this information subject to your prior and written consent, insofar as this information may identify you or contain your personal data.
Furthermore, if you are able to post content on this website, such content shall be uploaded subject to the rules of conduct stated herein. Regarding such content, you grant us a non-exclusive, free, perpetual, irrevocable, territorially unlimited license which gives us the right to use, reproduce, modify, adapt, publish, translate, disseminate and post this content.
Use of this website
89. As a general rule, when you enter or browse through our website, you must comply with the requirements of the applicable law and you must not violate the rights of another people.
For this purpose, the users of this website:
Shall use this website according to these Terms and Conditions;
Shall not upload or use, on this website or in their correspondence with us, any illegal, harmful, offensive, racist, xenophobic or immoral content. Illegal content shall mean any content (data, text, image, audio, etc.) which violates, or which upload violates a regulatory act or a contract or which violates any third-party rights in any way.
Shall not use this website in a way that would damage, deactivate, overload or hinder its use or which would interfere, in an unauthorised manner, with the interaction of other users with this website;
Shall not undertake any activities, such as decompilation or copying of this website by any means, including reverse engineering;
Shall not use the website in ways that would violate the intellectual property rights or any other rights, trade secrets, or the confidentiality of any third parties;
In general, shall not use this website in an unreasonable, abusive or illegal way.
Our liability
Any reference to us or to Ruxettedragan in this Our liability section shall be construed as a reference to our shareholders, managers, directors, employees, and representatives, who shall benefit, to the fullest extent allowed by the law, from any limitations or exonerations from liability as provided herein.
To the fullest extent allowed by the law, our total liability to you in connection with the coaching services shall not exceed the amount of the Ruxettedragan coaching services actually paid.
At any rate, we cannot be held liable, except in cases of damage caused directly by gross negligence or with intent, except as expressly provided by law.
Any liability for any consequential loss (such as, without limitation: the lost benefit or profit, the loss of business opportunities, etc.) is excluded.
Notwithstanding the above, we shall not be liable to you, especially if:
We are unable to meet, in time or in full, or we are late in fulfilling any obligation to you, when this is due to events or circumstances beyond our control (for instance: technical malfunctions in our suppliers, any force majeure case or fortuitous case, unexpected changes of the programme, etc.);
You failed to pay in full the sums owned to Ruxettedragan;
In other cases expressly provided by law.
Notifications and complaints
For any clarifications or complaints, please contact us in any of the ways provided in Article 58.
We intend to solve internally any potential notification or complaint, within 30 days of its receipt (unless the law provides for another deadline), and we shall notify you about our decision, in writing.
And if you have reasons to believe that we have violated your rights, you should lodge a complaint with:
ANPC (National Authority for Consumer Protection), if you are a consumer, or with
the competent courts.
Dispute and litigation settlement
We wish to solve amicably any misunderstanding that might arise between us regarding these Terms and Conditions. If an amicable resolution cannot be reached, the litigation shall be solved by the competent courts in Bucharest, except for consumer litigations. The Romanian law is the applicable law.
Moreover, according to the relevant EU and Romanian legislation, you should know that an online out-of-court resolution is also possible for consumer litigations/disputes arising from online transactions.
If you access the link to the SOL platform, you may obtain more information about how you may resort to this platform to solve any potential litigation with us, without resorting to the courts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=RO.
Other useful details
This website may contain links to other websites; you may use them at your own risk, and we encourage you to read their terms of use carefully, because we shall not be liable for their content or their services.
We may, at any time, assign this contract to somebody else, upon notification to you, in writing (for instance, if we sell or transfer the Ruxettedragan business). Also, we may, at any time, subcontract certain services to a third party, upon notification to you, but without your consent being required.