Terms & Conditions Of Use
Terms & Conditions Of Use
1. These terms and conditions shall govern your use of our website.
1.1. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.2. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.3. You must be at least  years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.
2. Licence to use website
2.1. You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) [stream audio and video files from our website]; and
(e) [use [our website services] by means of a web browser], subject to the other provisions of these terms and conditions.
2.2. Except as expressly permitted BY THE provisions of these terms and conditions, you must not download any material from our website or
save any such material to your computer.
2.3. You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
2.4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.5. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
2.6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Acceptable use
3.1. You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4. Registration and accounts
4.1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
4.2. You must not allow any other person to use your account to access the website.
4.3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4.4. You must not use any other person's account to access the website.
5. User login details
5.1. If you register for an account with our website, you will be asked to choose a user ID and password.
5.2. Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
5.3. You must keep your password confidential.
5.4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6. Cancellation and suspension of account
6.1. We may at any time in our sole discretion without notice or explanation.:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
7. Your content: licence
7.1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty- free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
7.3. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.4. You may edit your content to the extent permitted using the editing functionality made available on our website.
7.5. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your content: rules
8.1. You warrant and represent that your content will comply with these terms and conditions.
8.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3. Your content, and the use of your content by us in accordance with these terms and conditions:
(a) must not be libellous or maliciously false;
(b) must not be obscene or indecent;
(c) must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) must not infringe any right of confidence, right of privacy or right under data protection legislation;
(e) must not constitute negligent advice or contain any negligent statement;
(f) must not constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) must not be in contempt of any court, or in breach of any court order;
(h) must not be in breach of racial or religious hatred or discrimination legislation;
(i) must not be blasphemous;
(j) must not be in breach of official secrets legislation;
(k) must not be in breach of any contractual obligation owed to any person;
(l) must not depict violence in an explicit, graphic or gratuitous manner;
(m) must not be pornographic, lewd, suggestive or sexually explicit;
(n) must not be untrue, false, inaccurate or misleading;
(o) must not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) must not constitute spam;
(q) must not be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) must not cause annoyance, inconvenience or needless anxiety to any person.
9. Limited warranties
9.1. We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
9.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10.Breaches of these terms and conditions
10.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
10.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
11.1. We may revise these terms and conditions from time to time.
11.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
12.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2. You may not without our prior written consent assign, transfer, sub- contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.Third party rights
14.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15.1. The terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16.Law and jurisdiction
16.1. These terms and conditions shall be governed by and construed in accordance with Indian Law.
16.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of India.
17.Statutory and regulatory disclosures
17.1. We are registered in GST; you can find the online version of the register at https://services.gst.gov.in/services/searchtp, and our GST registration number is 27ABHPD1187H1ZR.
17.2. We are subject to ICF training program approvals, which is supervised by International Coach Federation (ICF - http://www.coachfederation.org).
17.3. We are registered as Trainer Member with ANLP, CIC, in the United Kingdom which can be found at https://anlp.org/member/anil-dagia.
17.4. We subscribe to code of ethics, which can be consulted electronically at https://coachfederation.org/code-of-ethics.
17.5. Our GST number is 27ABHPD1187H1ZR.
18.1. This website is owned and operated by the office of Anil Deepchand Dagia (5th Element Behavior Consultancy).
18.2. We are registered in India under registration number 107586051803, and our registered office is at H-102, Rohan Garima, Shivaji housing society, Senapati Bapat road, Pune - 411016.
18.3. Our principal place of business is at H-102, Rohan Garima, Shivaji housing society, Senapati Bapat road, Pune - 411016.
18.4. You can contact us:
Payment Terms & Conditions
Payment Terms & Conditions
I. These terms & conditions are about delivering value and about increasing transparency in our relationship so that you can make the best choices for you when you enroll for our training.
II. The full payment of covers the cost of following:
a. Your attendance for the training program
b. One copy of the students course material for certification trainings
c. Assessment & Certification for certification trainings
d. Refreshments as per the course advertisement (only applicable for in-person trainings)
III. Course participant’s commitment
a. Course participant will pay in full, by the payment due date, for courses they have booked
b. Course participant will pro-actively and with an open mind participate in their training
c. Pro-actively ensure that a safe environment is maintained for all participants to facilitate their learning
a. International & remote payments are required to be made in full at the time of registration
b. For in-person payments, a minimum non-refundable deposit for an amount announced for each course individually, is required when making a booking for the full course
c. In case of any privileged pricing earned by any participant, FULL payment MUST be made within 24 HOURS of booking your seat else the pricing offer will be withdrawn
d. Bookings & booking deposit amount must be received 15 calendar days prior to module course date
e. Any remaining payment must be received 10 calendar days before start of the training for which the seat was booked
f. In case of payment plans, participant needs to remember that much of the value is being delivered upfront and hence in case of delays or defaults of installment payment(s) and/or attempts to drop out of paying the remaining amount will be considered as an unethical breach of contract
a. It is the responsibility of the course participant to attend courses on which they are booked
b. Should the participant miss out on their attendance during the training, they will not be eligible for any refund. In this case, should they choose to attend the remaining of the training during a subsequent offering – it will be at the sole discretion of the office of Anil Deepchand Dagia (5th Element Behavior Consultancy) and may attract fees which will be decided on a case to case basis
VI. Returns, Cancellations & Refunds
a. No physical goods or materials will be sold or shipped from this website and hence returns of physical goods sold is, not applicable
b. In case of payments made for digital access, option for returns, cancellations & refunds is not available
c. In case of payments made for enrollment for training and/or services to be availed, option for returns, cancellations & refunds is not available
d. In case of payments made for enrollment for training, you may transfer to a later program or provide a substitute delegate at the sole discretion of the office of Anil Deepchand Dagia (5th Element Behavior Consultancy) and will attract fees which will be decided on a case to case basis. Requests for the same MUST be made in written communication
e. Claims for satisfaction guarantee must be made at the end of the first class attended, subsequent to which it will be deemed that the course participant is fully satisfied with the training and the satisfaction guarantee claim will be considered null & void
a. Certification is according to the criteria provided below:
- 100% attendance
- Participation in & completion of classroom & home assignments including but not limited to participating in classroom activities, including dialogue with the course instructor and peers, mock coaching activities, experiential learning exercises
- Skills demonstrated to a satisfactory level as assessed by the course instructor
- Fulfillment of all obligations towards 5th Element Behavior Consultancy
b. Skills assessment is carried out by the instructor and the final decision resides with the office of Anil Deepchand Dagia (5th Element Behavior Consultancy) & we reserve the right to refuse certification
VIII. Illness & Other Emergencies
a. If you have an emergency or become ill and are not able to attend one or more sessions, please contact your instructor immediately. You will be expected to complete the session materials, review the session recording, and complete all assigned classwork and homework outside the live session to make up for the missed session
b. If you need to miss more than 20% of the accredited hours of the course, you will have the option to work with the instructor to cover the missed material at your own additional expense or register for another course
c. If you miss any of your group or individual mentor coaching sessions, you will need to arrange and pay for additional individual mentor coaching sessions to complete the required 10 hours of mentor coaching to satisfy the International Coaching Federation requirements
IX. Audio / Video Recording
a. Audio, Video, any other form of recording of the session by any participant is strictly not allowed. If anyone is found violating this condition, they will be liable to legal action
b. If any recording is made by Anil Dagia / 5th Element, all the participants will be informed
c. Any recordings made by Anil Dagia / 5th Element, will remain as Intellectual Property of Anil Dagia to be used as deemed fit at any time on any platform whether offline or online.