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Terms and Conditions

  1.  Definitions: 
    • "You" / "Your" and "Client" means the person who has paid for coaching with Be Dynamic Ltd t/a Dynamic Business English.
    • “Us” / “We” / “Our” / “the Company” refers to the company Be Dynamic Ltd t/a Dynamic Business English.
    • "Coach" means the person who will teach Business English in the Coaching Sessions 
    • “1:1 Coaching Sessions” means a one-on-one meeting between You and a Coach for Coaching. It is also referred to as a Client Meeting or Class. Your Coach is selected by the You and may be changed by contacting DBE admin in the event of a conflict or time / other incompatibility issue.
    • “Coaching” means services rendered by the Coach to You where the Coach meets with them to teach, instruct, correct or otherwise upskill or improve their English abilities using the Coach’s particular skills and experience.
    • "Credit": DBE ‘s 1:1 English Lesson is called a Credit or Coupon
    • “Development Sessions” means lessons held with a coach selected by DBE which guides Your personal development and learning Program. The purpose of these is to motivate students, problem solve, provide additional resources and enable students to give feedback to improve the quality and direction of their 1:1 Coaching Sessions. These lessons may not be converted into 1:1 Coaching Sessions. These may also not be applicable to a package or subscription you have signed up for.
    • “Lesson” has the same meaning as Session.
    • “Service (s)”: teaching vocabulary, expressions and concepts to enable You to better express Your ideas in English, including the discussion of written or video materials presented by the You or DBE through 1:1 Coaching sessions or Development Sessions, as defined from time to time.
    • “Session” means a meeting between You and a Coach. The type of Session is not defined when this term is used alone and it refers to all types of sessions.

 

  1.  By paying an invoice or subscribing to our subscription services to work with our company and coaches, you agree to the terms and conditions on this page, as updated from time to time. 

 

  1.  Your obligations while receiving coaching:  
    • Set recurring meetings with your coach, once or twice a week, at set times. For example Tuesday and Thursday at 8pm KST / JST. You can reschedule or permanently change the recurring times as your commitments change.
    • Use your calendar to accept scheduled meetings and store the meeting link to access the meetings at the time(s) agreed to.
    • Arrive at meetings on time or to message your coach if you're running late. 
    • Revise and learn from your meeting notes.
    • Prepare for meetings by reading/watching the materials that your coach sends you. 
    • Respond to emails and messages sent by your coach as soon as possible. ​

 

  1.  Reschedule policy 
    • You may cancel or reschedule meetings by giving your coach at least 24h notice or more. Please email your coach or send them a message using another service which you regularly communicate on. 
    • If you give less than 24h notice that you cannot attend or that you need to move a meeting, your coach will mark you as having an "unexcused absence". This will use a session credit. 
    • The reschedule policy applies even if you are suddenly sick or if there is an emergency at work. The coach has prepared and booked the time for you, so they cannot find other work at short notice. 
    • If You dispute whether a credit should have been deducted from Your account, You must notify DBE within 30 days of the date of deduction. If You do not notify DBE within 30 days, then no changes or corrections will be made.

 

  1.  ​Refund policy 
    • There are no refunds of sessions purchased and used. 
    • Since all Sessions are valid for 3 months from date of purchase, and you have the option to change coaches to use up all of your sessions,
    • You may transfer your sessions to other people, e.g. spouse or friend.
    • Unused sessions are refundable on the following scales:
      • Lessons purchased within the last 7 days – 90% refund
      • Lessons purchased within the last 14 days – 50% refund
      • After 15 days, lessons remain valid for the full duration of the Package or Subscription terms as displayed on the relevant sale page.

 

  1.  ​​Change in Coach
    • You may request a change in coach provided you meet with Edward to explain why.
    • We always aim to help you achieve your goals, so by communicating with us, we can better train our coaches and also help you choose a more suitable coach. 

 

  1.  ​​Renewing Packages / Subscriptions
    • You agree to contact [email protected] to discuss renewing packages.
    • Subscriptions are a separate category of services
    • While all lessons are generally prepaid, You may request that a coach continue while they sort out their renewal. When this happens, You will go into a negative session total. When this happens, if you do not complete a renewal through conventional methods, we reserve the right to charge your card for the lessons completed on credit at the same regular price per session as your last package / subscription.

 

  1.  Subscriptions
    • Subscriptions are charged monthly and it is your responsibility to inform us if you wish to change the number of sessions per month or to cancel the subscription. 
    • You can cancel your subscription at any time by emailing us at [email protected] or other active emails that we regularly correspond through. 

 

  1.  Limitations on Liability and Release
    • In no event shall DBE , its affiliates or any of their respective officers, directors, managers, owners, employees, agents, successors and assigns be liable to You for any indirect, incidental, exemplary, punitive, special or consequential damages including, but not limited to, damages for lost data, lost profits, or for service interruptions, however arising, and whether based in contract, tort, or otherwise, which arise out of or in connection with the services or these terms, even if we have been advised of the possibility of such damages, and even if the remedies under these terms fail their essential purpose.
    • Our total aggregate liability to You arising out of or in connection with the services or these terms shall not exceed: (a) any amounts actually paid to us for 1 month of Services or (b) one hundred New Zealand dollars (NZ$100), whichever is greatest.
    • Except as expressly set out in there terms, we will not be liable to You for any compensation, reimbursement, or damages arising in connection with Your inability to use the services or any other matter howsoever arising.
    • If limitations of liability or exclusion of liability for incidental or consequential damages may not apply by law where You reside, so the above limitations or exclusions may not apply to You. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

 

  1.  Indemnity
    • DBE shall not be liable for any compensation to, reimbursement of or damages incurred by You in connection with the use of any of the Services. You agree to defend, indemnify, and hold DBE , its affiliates and each of their respective officers, directors, managers, owners, employees, contractors, agents, successors and assigns harmless from and against any claims, actions, suits, losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to, or arising out of, or in any way connected to the Services we provide.
    • Notwithstanding Your obligation to indemnify us, we will have sole control of the defense to any claim brought against us, in which case You agree to assist us and cooperate in the defense to the claim.

 

  1.  Billing
    • Subscriptions automatically renew every month based on the date of subscription,
    • If billed in USD so will fluctuate according to exchange rate prevailing at the time of billing according to the international payment gateway, we use
    • If billed in KRW or another local company, there may be surcharges charged by your card company

 

  1.  Restrictions on Use and Restriction of Copyright
    • DBE shall, at all times, retain all right, title and interest in and to all intellectual property rights associated with or incorporated in the Services.
    • Without limiting the generality of the foregoing, all copyrights and all other intellectual property rights with respect to any works of authorship created by DBE or any of its Coaches shall be and remain the exclusive property of DBE and/or its Coaches or the cited source from which it was taken for educational use.
    • The You shall not reproduce, modify, transmit, publish, distribute, broadcast, create derivative works of, or otherwise use all or any portion of the materials presented, accessed or otherwise obtained through use of or access to any of the Services.

 

  1.  Nondisclosure of information
    • DBE implements its non-disclosure agreement (NDA) with Coaches on the outcome of the lesson and service activities to ensure that the data is not exposed to 3rd parties.  DBE has the right to use the data stored in a form that is not personally identifiable, for research and product development purposes.

 

  1.  Services Availability and Warranties
    • While we endeavor to make our Services are available as widely as possible, we cannot guarantee perfect operations at all times due to the different time zones, sickness or other circumstances that cause a coach to be available.
    • DBE does not warrant that the same coaches will remain available for the entire duration of the contract, however we generally have a stable group of coaches.
    • We will use all commercially reasonable efforts to ensure provision of the Services.
    • Services and all content used is provided “as is” and You use them at the Your own risk. We provide all services without any representation or warranty of any kind, whether express or implied. Without limiting the foregoing, and to the fullest extent of the law, we expressly disclaim any warranties, fitness for a particular purpose.
    • While we make every commercial effort to pursue quality, we make no representation or warranty that any part of the services will meet Your requirements, which may be subjective and outside of the scope of the Services we provide, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any part of the services or the accuracy, timeliness, truthfulness, completeness or reliability of any content.
    • We, including our affiliates, and each of our respective officers, employees, contractors and other personnel cannot be responsible for the actions, content, information, or data of third parties, and You agree that You are solely responsible for, and assume all risks of relying on third-party data.
    • We cannot be responsible for Your conflict with coaches, nor do we take responsibility for any conflict and/or damages arising out of Your interaction with coaches. By agreeing to our terms, You release us, and our owners, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You or a 3rd party may have as a result of You using our services.

 

  1.  Translated documents
    • Where translated documents or webpages are made available, should any conflict arise between the translated version and the English version, then the text of the English version shall prevail. This includes omissions, modifications or interpretation of terms .

 

  1.  Force Majeure
    • DBE shall not have any liability arising out of any force majeure events including, without limitation, natural disasters, war, terrorism, insurrection, acts of God, pandemics, strikes, telecommunications failures as well as other events and circumstances outside of the control of DBE.

 

  1.  Governing Law
    • This Agreement shall be governed by and construed and enforced in accordance with the laws of New Zealand however You agree that any conflict arising may be mediated in the Republic of Korea by a neutral party whom our legal representatives both agree shall mediate.

 

  1.  Severability
    • Except as otherwise stated in these Terms, if a court of competent jurisdiction finds that any provision of these Terms, or compliance with any of its provisions, is unlawful or unenforceable, then the provision will be modified to the extent required to make it lawful and enforceable. If such modification is not possible, then the unlawful or unenforceable provision will be severed from the Terms and the remaining provisions will remain in full force and effect to the maximum extent consistent with applicable law.

 

  1.  Entire agreement
    • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral. No amendments to this agreement shall be valid.  

 

  1.  Restriction on Recording and Artificial Intelligence Policy
    • Since even AI companies cannot guarantee how their systems use and process data, DBE does NOT use AI data processing in order to maintain the privacy of data and confidentiality of topics discussed.
    • You should not use AI during the session but may use it to prepare.
    • Lessons may not be recorded, replicated or shared.