ABEL Project Inc. (hereafter referred to as ABEL Project, ''we'', ''us'', or ''our''), as a company, specialises in test development, test publishing, test administration, research, and organizational coaching. The following represents the business terms and conditions of ABEL Project. By using the Service you agree to be bound by these Terms and conditions, which shall take effect immediately on your first use of the Service. Please do not use, access, or contribute to the Service if you do not agree to be bound by all of the following Terms and Conditions.
Unless the context clearly indicates the contrary, reference to any gender includes the other genders and reference to the singular includes the plural and vice versa. In these terms, the following shall have these stated meanings:
- "APA" refers to the American Psychological Association.
- "Candidate" means an individual who takes, will take, or has taken an Assessment.
- "Assessment" means an instrument, questionnaire, battery or series of tests, that are completed by a candidate in view of the preparation of a Report or to provide information to a client.
- "Customer"or "Client" means an individual, business or other entity that purchases ABEL Project Products or Services, including, but not limited to assessments of stress resilience, printed questionnaires, online assessment service, research, consultative work such as feedback on research or assessment results, and coaching.
- "Intellectual Property" refers to all national and international rights in respect to tests and test material, including assessments of stress resilience, distributed by ABEL Project.
- "ABEL Project Proprietary Methodology" means and includes, without limitation, ABEL Project proprietary assessment and scoring methods, algorithms and the research and training that has been developed by, for, or licensed to ABEL Project.
- "Materials" refer to test material, training material, research or workshop material in any format (electronic or printed) and all material developed for and/or during coaching work with clients.
- "Online Platform" refers to an electronic assessment administrator and scoring facility.
- "Personal Information" refers to any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information. This includes, for example: name, email address, mailing address, telephone number, billing information, account information and other information incidental to providing and receiving products and services. It also includes other information, such as device information or other session data, that can be reasonably linked to a specific individual, computer or device.
- "Portals" means a facility provided to users of an online platform to manage their own use of assessments.
- "Products or Services" means the products or services promoted, sold or available for sale from the electronic website or through ABEL Project personnel or ABEL Project catalogues, blogsite or professional and marketing material.
- "Service" refers to assessment services including the electronic or in person delivery, administration, scoring and reporting of psychometric instruments and any ancillary services. It could also refer to other coaching or client services offered by ABEL Project.
- "Report" means an analysis of the responses and scoring of an assessment, or combination of assessments, that have been developed through specific Proprietary Methodology of ABEL Project and which a Test Administrator can use to generate and interpret the scores.
- "Session data" means, as applicable, usage information, such as: IP address, type of browser, type of operating system, referring URL, date, time and duration of a visitor's visit, the number of visits to a website, the pages viewed, order of pages viewed, number of cookies accumulated, bytes sent and received, user agent, URI stem, URI query or MAC address.
- "Special order" refers to a product/instrument, programme, or tool that has to be sourced, developed or imported specifically for a client.
- "Test Administrator" means an individual who has been trained by ABEL Project in the required methodology and has the required academic qualification to be able to review assessments, administer assessments to assessment takers, analyse the scores and reports and provide these scores and reports to Assessment Takers.
- "Trade Marks" means all the registered and unregistered trademarks used or represented by ABEL Project in the course of business.
- "Website" means all of the websites, or any other websites, that ABEL Project may have developed or will offer as part of their business.
1.3. Terms of business
The terms of business specified in this document constitute the basis of, and will be deemed to be included in, every agreement between ABEL Project and the client. It will supersede all previous discussions, proposals, bids, invitations, orders and other communications, oral or written, save as supplemented or amended in writing and signed by authorised representatives of the parties. No addition or modification of any provision of these terms of business will be binding on ABEL Project, unless made in writing and signed by its duly authorised representative.
ABEL Project distributes assessment instruments, developed by ABEL Project or the personnel affiliated with ABEL Project, according to national requirements and international specifications.
Except as is expressly provided in these terms of business, ABEL Project shall not be liable to the client for any breach or failure to perform any obligation as a result of any force majeure event, including but not limited to: technical problems, acts of god, government controls, restrictions or prohibitions or any other Government act of or omission whether local or national, technical problems, labour disputes, interruption of electricity, telephone or internet services or any other similar or dissimilar cause, insofar as these are beyond ABEL Project' control.
- In no event will ABEL Project be liable for any indirect, consequential, exemplary or special damages arising out of this agreement between any client and ABEL Project. ABEL Project is held harmless against all claims, liabilities, demands, damages or expenses (including all attorney's fees and expenses) arising out of, or in connection with, the use of assessments or any other products or services sold or leased by ABEL Project and the client's failure to adhere to local laws, psychological best practice, ethical assessment guidelines and these terms and conditions.
- The failure of ABEL Project to enforce at any time any of these terms of business or any part thereof, or any right with regard thereto, shall in no way be construed to be a waiver of the provision of such condition, or to be an estoppel or novation or in any way to affect the validity of such condition. Any indulgence towards the client or the relaxing of the provisions of a condition shall not prejudice the right of ABEL Project to insist on the strict compliance by the client of its undertakings and obligations in terms of these terms of business.
- ABEL Project shall have the right to amend these terms of business from time to time, the latest updated version being available for inspection free of charge at all ABEL Project offices or on the ABEL Project websites.
- It is the client's responsibility to acquaint him or herself with these terms of business prior to requesting any assessments, scoring, research or other services from ABEL Project.
- These Terms and Conditions will be subject to the laws of Canada. We will try to solve any disagreements quickly and efficiently. In the event a resolution cannot be achieved between all involved parties and you want to take court proceedings, you must do so within Canada.
- ABEL Project makes no promise that materials and services available on or through the Service are appropriate or available for use in locations outside Canada, and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
- If any of these Terms and Conditions are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall remain and continue to be binding and enforceable.
- It is not possible to transfer any of your rights under these Terms and Conditions to any other person.
- If you breach these Terms and Conditions and ABEL Project chooses to ignore the breach, ABEL Project will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- ABEL Project shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
1.4. Limitation of liability and limited warranty
ABEL Project does not make any representation or warranty, express or implied, as to the merchantability or fitness of the assessments and tools we provide for any particular purpose.
- ABEL Project will not be liable for any failure or delay in performance, due in whole or in part, to any cause beyond reasonable control.
- In no event will ABEL Project, nor anyone else who has been involved in the creation or production of any printed works, scored reports or electronic scoring systems, platforms or software, training or services sold by ABEL Project, be liable for any direct, indirect, special or consequential damages arising out of the purchase, use or application of the materials or services notwithstanding any other provision or agreement between client and ABEL Project.
- ABEL Project will not be responsible for the use or misuse of the materials or services offered. The client/test user assumes all responsibility for the use or misuse of the same.
- ABEL Project is not liable for any third party claims or expenses incurred while using a test, for delays, loss of information, incidental damages, cost of substitute material, or for possible loss of income, grants, profits or any other damages.
- The purchaser's sole, and exclusive, remedy in the event of any defect in materials shall be a refund of the price paid, minus courier or shipping costs and a handling fee. This remedy shall be in lieu of all other remedies and damages, whether actual, consequential, special, incidental or other.
- ABEL Project cannot take responsibility for delays in services due to natural disasters and other unforeseen situations that can have an impact on our business results.
- ABEL Project reserves the right to withhold the sale of tests, products, assessments or services should the client have overdue accounts, or a history of unacceptable use of assessments.
- These conditions apply to all orders and may not be modified unless expressly agreed to in writing by ABEL Project.
- ABEL Project accepts no responsibility should credits / tokens be used due to negligence, ignorance, or user errors.
1.5. Client responsibilities
Any test or support material purchased by the test user is licensed for his/her professional use only. Tests obtained from ABEL Project cannot be resold, sublicensed, exported or otherwise transferred to any third party.
- The client hereby indemnifies and holds harmless ABEL Project, its employees, agents or representatives against any and all claims of any nature whatsoever and howsoever arising (including but not limited to breach of contract and negligence) for injury, loss, damage and harm to a person and/or property of the client, the client's employees, agents and/or representatives or the organization.
- The client accepts full and personal responsibility for the assessments purchased from ABEL Project in terms of professional and ethical use, timeous payment of the ABEL Project invoices and the accuracy of all biographical and other information provided.
- Only registered users may use, and have access to, the material provided by ABEL Project. Materials should at all times be managed, supervised, and controlled by the registered user with full adherence to all ethical and legal guidelines.
- It is the responsibility of every test user to use the tests purchased from ABEL Project in accordance with national and international best practice and the legal requirements of different countries.
- To buy product or service on this website you must be over the age of majority in the state or country you are located.
- You must keep your password and user name confidential and not disclose them or share them with anyone.
1.6. Intellectual property and copyright
Copyright infringement of restricted material is illegal; it damages the professional standards and credibility of the assessments (or any other products) as well as the individuals and professionals who use them. The loss of revenue ultimately also means that fewer resources can be devoted to the continued research and development of the assessments and related material.
The buyer and users of printed and electronic test material sourced from ABEL Project agree that:
All assessments and other products distributed by ABEL Project are protected by intellectual property rights (including trademarks, copyright, patents and design rights) and rights of confidence. Reproduction of these materials in whole or in part, in any form, or their storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by license.
- Reproduction of assessments or other products in whole or in part, in any form, is prohibited. The purchase of materials, or the use of software or online reports, does not grant the client the right to use items, alter items, create derivative items, and reproduce additional copies of reports or of any support and related material. The client shall not reproduce or copy materials by any means whatsoever, or enter the same into any kind of information retrieval system including, but not limited to, any form of computer, server or internet system.
- The copyright and all the trademarks, trade names, patents and other intellectual property rights used or embodied in or in connection with the test materials, including the manner in which they are presented in all information, documentation and manuals relating to them are the property of the test developers and/or copyright owners.
- No trademarks or names of the products can be used as part of any corporate business or trading name of the client. The client shall also not use the trademarks in any way that may bring the reputation of ABEL Project, the owners of the assessments or products or the tests themselves, into disrepute.
- No translations may be done without written permission from ABEL Project as representatives of the international copyright owners or owner of the test and material. ABEL Project as representatives of copyright owners reserve the right to refuse such a request.
- The contents of the assessment products and reports obtained or purchased from ABEL Project may constitute trade secrets, which include confidential and proprietary material, information and procedures. The client will not resell or otherwise distribute materials, or authorise or allow disclosure of the contents of the test instrument protocol; including test questions and answers, scoring weights, scoring algorithms or any trade secrets.
- Answers to printed assessment material shall be given on distributor and copyright owner approved answer sheets, and registered users and test administrators are not permitted to use any other forms for this purpose since such use will prejudice national and international intellectual property rights.
- Clients accept absolute responsibility of ensuring full adherence to copyright requirements by themselves, colleagues and their employer(s) and employees.
2.1. Professional standards
ABEL Project accepts that psychological and other tests must be used in compliance with existing and current best practice guidelines to ensure the ethical and appropriate use of such tests. We also acknowledge guidelines and best practice principles on the ethical and appropriate use of Psychological tests as formulated by the British Psychological Association (BPS), the International Test Commission (ITC), the American Psychological Association (APA) and the Association of Test Publishers (ATP). It should also be noted that not all tests are psychological tests and guidelines may differ accordingly.
2.2. Ordering Test Material
When ordering tests, products or other material, please note:
ABEL Project can provide prices or quotes on request. Quotations are valid for 30 days from the date of the quote.
- Should prices provided to the client be incorrect, ABEL Project reserves the right to adjust the invoice accordingly. All prices are subject to change without prior notice, and materials or services may be withdrawn without prior notice.
- Invoices will specify the published assessment, evaluation, or service prices. Disbursements and costs such as VAT, postage, courier costs or insurance costs will be specified on the invoice.
- The client who places the order is deemed to be responsible for full payment within 30 days.
- Any change in contact details, employer or professional registration details must be communicated by the client to ABEL Project in writing within 15 days following the change to allow us to update our files and redirect information and/or invoices.
- New and international clients, without an ABEL Project account, are required to pay upfront in full for the tests, materials or services required from ABEL Project, except if otherwise negotiated with the purchaser.
- Certain circumstances (special orders) may require a deposit of 30%. ABEL Project reserves the right to retain the deposit for any material not collected by the client.
- Current account holders guarantee that their order will be paid for within 30 days from the date of invoicing.
2.3. Claims and returns
Material that clients wish to return to ABEL Project has to be done immediately and by traceable means. ABEL Project reserves the right to charge a 25% handling fee on any return, be it printed material or electronic reports.
- Should a client place an order that is signed for special import, and then not take delivery thereof, ABEL Project reserves the right to charge a 25% handling fee. All costs associated with the import of the material, including taxes and courier costs, will be on the client's account.
- All claims should be in writing, and the invoice and client account numbers need to be specified. Full motivation for the return with signed authority from the authorised user has to be included. Claims should be received by ABEL Project:
- Within 3 days of receipt of materials in respect of damage or discrepancies between materials ordered and materials received;
- Within 1 week of dispatch in respect of non-delivery;
No claims can be made retrospectively;
- No returns will be accepted after two weeks.
- ABEL Project's liability for non-delivery, incorrect delivery or delivery of defective materials will be limited. Should the client have provided erroneous information, or fail to collect/receive the material, ABEL Project reserves the right to fully charge for the order and all costs incurred.
- ABEL Project cannot take responsibility for the loss of material due to client negligence.
- Specific refund policies regarding evaluations, such as evaluations of stress resilience, as well as organizational coaching, will be negotiated with each client on a case-by-case basis.
2.4. Invoices and payment
ABEL Project will not invoice third party clients.
- ABEL Project cannot be held responsible for governmental levies or taxes for countries outside Canada. These costs will be regarded as additives to the client's account.
- Invoices to the client will be done immediately after a purchase or rendering of a service. Under no circumstances will invoices be held back for any reason.
- All tests purchased for usage through ABEL Project's online platform will become available only after receiving the full payment from the client.
3.1. Standard assessment procedures for electronic assessments
Informed consent must be obtained from all test takers. Clients purchasing an assessment must be willing to comply with the following basic principles of minimum test security:
- Test takers shall not be coached on the test or receive the test answers before commencing or during the taking of tests.
- Confidentiality of test results and reports should at all times be respected, strictly enforced and fully adhered to.
3.2. Client scoring process
ABEL Project provides a 7 days turnaround service. This excludes large scale or bulk scoring.
- For large scale or bulk scoring projects, the client must inform ABEL Project 3 days in advance to arrange the timelines.
- Given the confidentiality of scored results, ABEL Project can only provide reports related to evaluations of stress resilience in person.
- ABEL Project will not send or give psychometric reports, including evaluation reports of stress resilience, directly to test takers. The client is responsible for deciding if the test taker can see the reports. In the even the client wishes that the test taker be aware of the content of the personalized report, the debriefing and explanation of the report must be performed by an employee of ABEL Project.
- ABEL Project will not regenerate reports for any other interested party, without the express written permission (informed consent) of the test taker and client.
- Clients take all responsibility for securely and confidentially filing their own clients' reports, generated for them by ABEL Project. An administrative fee will be charged for the re-sending or re-generating of reports.
- Under no circumstances can employees of ABEL Project share test results, or interpretation of results, over the phone, by email, or any other form of communication other than in person.
- For tests administered online on the ABEL Project's platform, PDF reports with the test-taker's results are generated automatically and sent immediately to the client (and the test-taker if the client chose so). In the event of system failure or any other technical problem, ABEL Project will manually send the PDF reports of the test takers to the client within three business day after the completion of the test by the test taker.
- Under no condition can results be shared with a client or a test taker over the phone or over a video call.
3.3. Assessment administration and reporting
Where a client purchases services from ABEL Project of an evaluation, test, or assessment, the following shall apply:
ABEL Project does its best to ensure accuracy during the scoring of assessments. ABEL Project can however make no warranty that any and all reports will be complete and accurate. The client indemnifies ABEL Project or ABEL Project's licensors and agrees to hold them harmless from any losses, claims, liabilities, damages, expenses and costs (including reasonable attorney's fees and expenses) whether direct or indirect, with respect to any claims made by a third party against any of them in relation to the provision of the evaluation reports.
- The client shall not create derivatives of the ABEL Project assessments, reports and evaluation programs, and may not utilise such in the provision of their own scoring services.
- ABEL Project is not an IT support company and cannot under any circumstances take responsibility for the software, hardware, internet connections and general IT infrastructure of any client.
3.4. Online, software and other electronically derived methods for assessment administration and reporting
3.4.1. In General:
Where a client purchases material which includes the provision by ABEL Project of an electronically administered and/or scored report, the following shall apply:
ABEL Project does its best to ensure accuracy during the scoring of assessments. ABEL Project can, however, make no warranty that any and all reports will be complete and accurate. The client indemnifies ABEL Project and agrees to hold them harmless from any losses, claims, liabilities, damages, expenses and costs (including reasonable attorney's fees and expenses) whether direct or indirect, with respect to any claims made by a third party against any of them in relation to the provision of the computer and electronically scored reports.
- The client shall indemnify ABEL Project in respect to any claims made by a third party in relation to the provision of the computer and electronically scored reports to test takers without standard assessment procedures, appropriate feedback or any violation of the ethical guidelines of the APA or other relevant regulating bodies.
- The client shall not use software, or other electronic facilities provided by ABEL Project, to provide a Client Services scoring service to third parties who are not accredited with ABEL Project and are not appropriately trained/registered.
- The client shall not create derivatives of the ABEL Project assessments, reports and software and may not utilise such in the provision of their own scoring services.
- All returns of electronically derived reports and credits/tokens will be guided by ABEL Project policy on return of material and the specific terms and conditions of the owners of each of the electronic options.
3.4.2. Online assessments
Access to online assessment websites is restricted to registered, and qualified, users. Registered users are fully responsible for the proper use of the materials on these pages.
- Confidentiality of individual test results is ensured by access to the website using confidential codes and passwords.
- Registered users are responsible for maintaining the secrecy and security of these codes and passwords. Any suspected breach of this security should immediately be reported to ABEL Project Client Services.
- ABEL Project cannot take responsibility for test takers completing the wrong assessments. Registered users are responsible for ensuring that their nominated test takers complete the correct test. Invoices will be rendered by ABEL Project for all assessments used and scored.
3.4.3. Online platforms
ABEL Project offers a variety of online assessment administration and scoring facilities to those users who prefer to manage their own online scoring platforms (also referred to as portals). Registered users agree and accept the following terms and conditions:
To adhere to all the relevant and appropriate ethical and legal requirements of the country where the services are provided.
- To take full responsibility for the ethical, legal and professional use of the online platform(s).
- To use the assessments and their results ethically, appropriately, responsibly and with a continued awareness of the rights of all individuals being assessed, maintaining the applicable laws and regulations in the locations where their services are provided.
- To take responsibility of ensuring confidential and accurate record keeping of all assessment results in accordance with the ethical regulations as stipulated by law. The safe and confidential storage of electronic information should be regarded as essential and a priority by all clients. ABEL Project cannot accept any responsibility for the breach of confidentiality in the professional work/storage of clients.
- To use and access the online platform in a manner that will not disrupt, corrupt, or otherwise damage the website(s).
- The practitioner agrees that the online platform(s) will not be used in any manner that is prohibited by law, professional ethics or that infringes on the rights of the owners and distributors.
- When the client is no longer employed by a company and/or where there is an accompanying account, or when a client's professional registration has lapsed, ABEL Project needs to be informed. If not, the client will remain liable for the use of the administration scoring facility and the invoices of such.
- Not to make use of data collected to create derivative products or copyright violations.
- To accept full responsibility for the online platform and agree to not provide personal login details to any third party for any reason whatsoever.
3.4.4. ABEL Project will support the client by
Providing notifications when maintenance, possible interruptions to the service or any changes to assessment scoring websites will occur.
- Providing advice and telephone support whilst practitioners are transitioning to the self-managed online system.
- Setting up the assessment facility and providing login details and assessment credits/tokens within 24 – 48 hours of receiving a request. This is dependent on ABEL Project having received and verified all the necessary information required to set up the assessment facility.
4.1 Online coaching
Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. In this section, ''Coach'' refers to a professional coach working for ABEL Project.
4.2 Coach-Client Relationship
Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation "(ICF)" (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that ABEL Project and the Coach are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by ABEL Project and the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client's responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client's exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and ABEL Project and the Coach.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The parties agree to engage in a coaching session of the duration paid in advance through the website of ABEL Project. A coaching session is for a single occurrence of between 15 minutes and 90 minutes, depending on the session selected and purchased during booking by the client. A coaching session will only take place after successful payment by the client. All coaching sessions must be booked and confirmed through our website. A coaching session is deemed confirmed when you receive 1) an email confirming your payment AND 2) an email confirming the booked timeslot. In the event of a service malfunction, which would result in inappropriate booking or payment, ABEL Project reserves the right to cancel a client's coaching session at any time, before or after the booked timeslot. In such event, the client will be fully refunded.
4.4 Schedule and fees
Each coaching session is independent from one another. Prices and availabilities are subject to change at any time. Each coaching session must be paid in full 48 hours before a coaching session.
- It is the client's responsibility to ensure that all hardware and software needed for online coaching are working. In the event that a client is unable to join an online coaching session due to technical problems on the client's side, ABEL Project retain the full decision to reschedule the appointment and/or to refund the client.
- In the event of technical problems on ABEL Project's side, such as hardware or software problems, ABEL Project will offer to reschedule the coaching session at a later date.
4.4.1 The refund policy in effect for the term of this Agreement is as follows:
A client is entitled to rescheduling an appointment or a complete refund if the rescheduling or refund occurs 48 hours before the beginning of the booked online coaching.
- No refund will be offered less than 48 hours before the beginning of the booked online coaching. Rescheduling an online booking less than 48 hours before the beginning of the booked online coaching session is at the full discretion of ABEL Project.
The time of the coaching meetings and/or location will be determined by the client by choosing and paying for a time slot for a coaching session on the website. The client will initiate all Skype conversation and will contact the coach at the time mentioned in the booking confirmation email using at the Skype account mentioned in the confirmation email.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach and ABEL Project as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. ABEL Project and the Coach agrees not to disclose any information pertaining to the Client without the Client's written consent. ABEL Project and the Coach will not disclose the Client's name as a reference without the Client's consent.
- Confidential Information does not include information that: (a) was in ABEL Project or the Coach's possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client's industry; (c) is obtained by ABEL Project or the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by ABEL Project or the Coach without use of or reference to the Client's confidential information; or (e) ABEL Project or the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to ABEL Project or the Coach and as a result of such disclosure ABEL Project or the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with ABEL Project or the Coach in a timely manner.
4.7. Cancellation policy
Client agrees that it is the Client's responsibility to notify ABEL Project 48 hours in advance of the scheduled online meeting.
ABEL project and the coach can, at its sole discretion, decide to terminate a coaching session and/or refuse a client for future online coaching. Motives subject to terminating a coaching session/refusing to offer future online coaching to a client are, non-exclusively, aggressive or offensive language or actions, obscene remarks, threats, and any other action from a client which can be reasonably considered unprofessional.
4.9. Limited liability
ABEL Project and the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall ABEL Project or the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, ABEL Project and the Coach's entire liability under this contract, and the Client's exclusive remedy, shall be limited to the amount actually paid by the Client to ABEL Project under this Agreement for all coaching services rendered through and including the termination date.
For organizations acting as a client and paying for coaching session for one or more of its employees, the following shall apply.
The employee receiving coaching has the same rights as a client in terms of privacy, as stated in this contract. Information exchanged between an employee and a coach will remain confidential until an employee gives written permission to disclose the content of the coaching session to its employer.
- An organization acting as a client is responsible for its employee(s) receiving coaching. This responsibility extend to refund and termination of contract. An employee who is not present for an online coaching session/who is late to the appointment/whose behaviors result in a termination of the coaching session and future coaching will be subject to the same clauses as if the employee was the client who purchase the online coaching session.
- All clauses related to coach-client relationship, Services, and limited liability are always in full effect, for both the organization and the employee. All clauses in this contract are valid for anyone and any organization who uses our services, in part or in full.
The supplier(s) is(are) the copyright owner(s) of the online platforms and all of the content. No portion of these platforms, including the instrument's information, text, images, audio, or video, may be copied, translated, modified, or used in any manner without prior written permission. Any name, logo, trademark, or service mark contained and accessed by these websites are owned or licensed by the supplier and may not be used in any manner without the supplier's prior written permission. Unauthorised use of all or part of the online platforms, or the instrument, is strictly prohibited and may result in the violation of the supplier's trademarks, privacy, copyrights, and publicity rights.
- The information included on these online platforms does not constitute, and shall not be considered, the advice, recommendation, or endorsement of ABEL Project or the copyright holders. Neither ABEL Project nor the copyright holders shall be held liable for any claims based on the use of the instrument(s).
- ABEL Project cannot guarantee an uninterrupted service.
- ABEL Project reserves the right to block any usage of the online platform(s) and provision of credits / tokens if accounts are not fully paid within 30 days or ethical or legal complaints are received with regards to usage of the system and the assessments.
- ABEL Project reserves the right to obtain depersonalised and aggregated data from online platforms for research and statistical purposes.
- ABEL Project retains the right to charge for the project management, storage, record keeping and retrieval of software or support of hardware.
- ABEL Project reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
For more information on the above please contact: firstname.lastname@example.org
Last updated April 20, 2018.