Definitions of terms The terms "www.avocado.red"; "Red Avocado"; "Avocado";
"Avocado.red"; "Sites"; "Site", "Uptrain Works SRL", "us",
"the company" "platform" represents the company Uptrain Works SRL and its services
offered through our sites network.
Uptrain Works SRL has its headquarters in Târgu
Mureș, TÂRGULUI St., no. 1/B, 1st floor, Mureș county and is registered at the Register of Commerce no.
J26/165/2011, fiscal code RO26415079.
By "User" we understand all individuals or legal entities who
access www.avocado.red, for any reasons.
The terms "Rules",
"Agreement", "Contract", "Terms and conditions" are used to designate this contract.
Company = legal entity owner of www.avocado.red,
through which online coaching/legal consultancy sessions shall be carried out, according to the options set by the
clients of the platform, in various fields and domains, within sessions consisting of 45 minutes.
= a third party, individual or legal entity who has been contracted by our company to provide Coaching/Business
Consultancy/Personal or Professional Development/Legal Assistance Sessions on the platform, according to their
authorization, to our clients.
Avocado Client = any legal or individual entity, beneficiary of
the services provided through www.avocado.red, registered with a user
account with a unique password. The services benefited may be used by our clients in their own purpose, or they may
be shared with their internal staff/employees.
Assistance = to all material content, videos, training sessions, information, advice, correspondence
made available, provided or transmitted on our platform by the Company or by a third party with an intention of
making it available to a User or Users generally.
Consultant's Fee = amounts due to the
Consultant, representing the value of the monthly services provided in the benefit of Clients
Avocado's Fee = amounts due to Avocado, representing the cost of services provided on www.avocado.red, by the disposition of the platform to the
Coaching = a personal or professional development activity through which a Consultant
shall guide the Client into obtaining a specific personal or professional objective, by providing support and
Legal Assistance = the professional activity carried out by lawyers and legal
consultants with the purpose of protecting and promoting the rights, freedoms and legitimate interests of legal
entities or individuals in public or private law. Uptrain Works SRL operates an online platform called
www.avocado.red allowing Users to access professional, personal
development and legal information and to connect with Consultants The objective of this binding agreement is to
regulate the dealings between www.avocado.red as the Platform
provider and the users regarding the provision of the service which is access to the Platform made available by the
User Acceptance Agreement This agreement applies to all Red Avocado sites, services and
their content. By creating an account on any Red Avocado sites, the system will generate a profile accessible on all
sites, but it will be possible to deactivate it, by using the corresponding options on each site. The Company
provides its service to you, subject to the following Terms and conditions, which may be updated by us from time to
time without prior notice to you. In addition, when using particular Company owned or operated services, you shall
be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the Terms and conditions. If you do not accept
the terms and conditions, please do not use the Red Avocado sites. By using the platform you agree to its "Terms
and Conditions". Uptrain Works SRL, hereinafter referred to as "Company", can revise this
document in any moment, by updating this page. We recommend you visit this page periodically and read the "Terms
and Conditions", to which you are legally bind. Using Company services represents your consent to all
modifications made in the present agreement.
Services Description Red Avocado provides users with access to a rich collection of
resources, including various communications tools, forums, shopping services, search services, personalized content
and branded programming through its network of properties. You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for Red Avocado sites to provide the Service.
You also understand and agree that the Service may include certain communications from Red Avocado, such as
service announcements, administrative messages and newsletters, and that these communications are considered part of
Red Avocado membership and you will not be able to opt out of receiving them. You understand and agree that the
Service is provided "as it is" and that Uptrain Works SRL assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The access to some of provided services may be fee-based. The subscription payment will be based on a proforma /
invoice, in the Romanian currency Lei, the Euro conversion being performed on the invoice emitting date. The access
to some services is conditional and will be allowed after the payment is confirmed and the transfer into our account
is made. If you do not wish to use the service anymore, you understand and agree that the payments already made will
not be refunded.
Payments Users agree to pay for their access to the Red Avocado services according to the
price indicated on the Platform's website. Red Avocado may update the prices of the platform, or the pricing
structure of the platform, as it sees fit, without any prior notice, the applicable prices being those existent at
the time of the service provision.
Registration obligations In consideration of your use of Red Avocado services, you agree
provide true, accurate, current and complete information about yourself as prompted by the service's
registration form and
maintain and promptly update the registration data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete, Red Avocado has the right to
suspend or terminate your account and refuse any and all current or future use of the its Services.
Important! Our support team will immediately terminate access to Red Avocado services, for
all accounts held by the culpable party for actions which severely violate the terms and conditions of use such as:
the introduction of pornographic / erotic information, or fraudulent usage, or fake profiles
spam and inappropriate language
Thank you for understanding!
Advertisement material related to video chat operators, erotic massages or
similar services are not accepted on the Red Avocado website.
User's responsibilities As user, you are responsible of your own actions and of the
consequences these might have, by posting the videos, materials you upload or make available in the account at your
You agree to not use the service to:
upload, post, email, transmit or otherwise make available any content that infringes any copyright or other
upload, post, email, transmit any content that is obscene, defamatory, harmful, threatening for another
user, individual or legal entity or a third party;
to post, distribute or transmit material (images, text):
pornographic, erotic or sexually explicit material of any kind in any form
that promotes acts of pedophilia, incest or bestiality
that promotes hate for certain groups of people, for reasons of: race, ethnic origin, religion,
disability, gender, age, veteran status, sexual orientation or identity.
upload, post, transmit or otherwise make available any material that contains software viruses or any other
computer code designed to interrupt or limit the functionality of any computer software
upload, post, transmit or otherwise make available any content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as proprietary and
confidential information learned or disclosed as part of employment relationships or under nondisclosure
to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas that are designated for such
purpose; It is forbidden to create personal profiles in order to promote: video-chat, escort services,
erotic massage, or other services of this type.
to have multiple addresses that look alike or are created on the same theme;
to provide material support or resources about illegal activities or to promote physical or verbal harm
against any group or individual, to promote cruelty to animals. This may include (but not limited) to
provide information about the way of making, buying or assembling of bombs, grenades or other types of
weapons and "crush" sites creation;
post, transmit in any other way personal information (name, address, phone numbers) or their registration in
the sections which may be seen by other users (descriptions, nicknames etc.);
use the materials obtained through Red Avocado platform for competitive purpose
post, transmit any other material that violates in any way the current legislation.
Red Avocado does not guarantee the accuracy, integrity or quality of content submitted by its users and does
not underwrites an opinion stated by one of its users.
Specific obligations for consultants Besides the aforementioned obligations,
coaches/trainers/legal consultants selected to collaborate for the delivery of services shall have the obligation to
fulfill their sessions accordingly to the reserved periods, without delays, and with the level of quality expected
from them, regarding the field of activity/topic of the session reserved.
Red Avocado acts passively in
online delivery and posting of information provided by users and is not liable to pre-check the posted material.
Thus, Red Avocado is not responsible in any way, regarding the information and data posted by its users. If this
will be required by a user, the company may investigate and check the assertions and may decide the removal of such
Red Avocado may assume actions or measures regarding the users or against the information
submitted by them. By submitting material in any public or private segment on the site, including forums, contests
or chat rooms you warrant Red Avocado the continuous right (including moral rights) and license to use, modify,
adapt, post, translate or publicly communicate the content, to international scale or to include it in other works
of any type, in mass-media or known technology or future technology. You allow to any subscribed individual to
access, visualize, stock or copy such material in personal purposes. Subject to those mentioned above, the owner of
posted material keeps any of the rights that might derive from here. Client vs. counselor privileges shall be
exempt from the above provisions, Red Avocado shall neither record, store, or access any of the materials and
information transmitted via the services by the parties, in relation to the sessions.
We appreciate the
messages from our clients, and we welcome your comments regarding our services. However, our policy does not allow
us to accept or take always into account the creative ideas, suggestions, inventions or materials.
Information for users When you register for the web site, you will be asked to provide the
company with certain information including, without limitation, a valid email address. In addition to the terms and
may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration
Red Avocado shall not disclose to a third party your name, address, email or phone number
without your consent, except for the legal cases, when the disclosure of such information is necessary and in
Red Avocado has the right to offer you services and products belonging to a third party, based upon the information
you mentioned in your registration, at any moment after it took place; such offers may be made by Red Avocado or by
a third party.
Account, password and security You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify Red Avocado of any unauthorized use of your password or account and ensure that you
exit from your account at the end of each session. Red Avocado cannot and will not be liable for any loss or damage
arising from your failure to comply with this section.
Red Avocado reserves the right, at its sole
discretion, to block your password, the use of its services, remove any material posted on its sites, for any or no
reason. Also, Red Avocado, may suspend service provision or a part, with or without any notice.
that Red Avocado may, under certain circumstances and without prior notice, immediately terminate your account, any
associated email address, and access to the service. Further, you agree that all terminations for cause shall be
made under Red Avocado's sole discretion and that the Company shall not be liable to you or any third-party for
any termination of your account, any associated email address, or access to the Service.
Use of materials Red Avocado authorizes you to visualize any materials from our Sites only
on personal purposes and not for commercial use. The content of these sites, videos, recordings, texts, graphics,
photos, software as well as other materials are protected by copyright. The whole material is property of Red
Avocado. The compilation (that is gathering and re-arranging) of the content of this web site is the exclusive right
of Red Avocado, protected by law. You do not have permission to sell or change the material, to expose it in public,
to deliver or use it in any other way, in public or commercial purposes. The access of any unauthorized user to
our servers is forbidden. It is strictly forbidden to use the information from the database and any material
obtained through the use of the platform or services provided by Red Avocado for competitive purposes, whether their
character is free or paid. Should Red Avocado ascertain that there are serious indications of violation of the
above, it shall proceed to block and delete the user`s account culpable in this matter, without any compensation.
Also, the penalty for the violation of the above ban will remove the user` s right to refund of any amounts paid to
purchase Red Avocado services no matter if until that date the paid services were used entirely or partially.
Propriety of materials and information submitted on www.avocado.red Red Avocado does not claim
ownership of materials you submit or make available for inclusion on the service (including observations and
suggestions). By submitting content to any public or non-public area of any Red Avocado site, you
grant Uptrain Works SRL and its affiliates the permission to use, reproduce, modify, adapt, publish,
translate, distribute, mention your name related to the submitted material.
No compensations will be
pretended or given for using the material as stated above. The company does not have the obligation to post on the
site or use in any other way the material submitted by you; the company shall have the right to remove any content
anytime and without having a particular reason.
Content of profile pages on www.avocado.red By
submitting material for inclusion on your profile, you grant us royalty-free license to reproduce, modify, adapt and
publish the material for the purpose of displaying, distributing and promoting your profile. This permission exists
as long as profile is hosted on the site belonging to and will be end when your account on the platform shall be
deleted. You acknowledge that Red Avocado does not automatically pre-screen the content, however it has the right
(yet not the obligation) to refuse or remove any content or material that is available via the service. Red Avocado
and its designees shall have the right to remove any content that violates the Terms and Conditions or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such content.
Red Avocado reserves
the right to edit, modify, adapt and respectively remove totally or partially any content falling under the
incidence of the above.
Relationship with companies that advertise on www.avocado.red Red Avocado may run advertising
campaigns and promotions on its sites. Correspondence or business or participation to promotions of advertising
campaigns found on our sites, including payment or delivery of goods or services and any other conditions, terms,
warranties or representations associated with such relationships are solely your responsibility and these companies
responsibility. You agree that Red Avocado shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
By accepting these terms of this agreement you also understand and agree that the service may include
certain communications from Red Avocado emails or special offers.
Links to other providers of information or services Red Avocado or third parties may
provide, links to other World Wide Web sites or resources. Because Red Avocado has no control over such sites and
resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources.
Moreover, you acknowledge and agree that Red Avocado
in no event shall be liable for any damages resulting from the use any Red Avocado sites and the web site content.
Uptrain Works SRL liabilities Red Avocado cannot and does not confirm that each
user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the
behavior of participants on www.avocado.red , in the event that you
have a dispute with one or more users, you release our company (and our agents and employees) from claims, demands
and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Avocado does not have the obligation to control the content posted by its users and does not guarantee the accuracy,
integrity or quality of such content. You understand that by using the services, you may be exposed to content that
is offensive, indecent or objectionable.
The material might contain inexact things or misspellings. Red
Avocado does not assume the accuracy of the material on the site. You acknowledge and agree you are the sole
responsible for the form, content or accuracy of the material you place on the website.
Limitation of liability You expressly understand and agree that Red Avocado shall not be
liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other losses (even if Red Avocado was previously
informed about the possibility of such losses) resulting from:
you are solely responsible for using the services. Services are provided "as is".
Red Avocado makes no warranty that:
the services will meet your requirements;
the services will be uninterrupted, timely, secure or error-free;
the results that may be obtained from the use of the services will be accurate and reliable
any errors in the software will be corrected;
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion
and risk and that you will be solely responsible for any damage to your computer system or loss of data that
results from the download of any such material.
Generalities If any of the stipulations in this chapter of "Terms and conditions"
are considered invalid by the legal courts, the invalidity of such stipulation will not affect the validity of other
stipulations of "Terms and conditions". The "Terms and conditions" represents an agreement
between you and Uptrain Works SRL regarding the use of www.avocado.red These terms and conditions may be updated by
us from time to time without notice to you. You can review the most current version of the Terms and conditions at
any time accessing this page.
The "Terms and conditions" constitutes the entire agreement between
you and Uptrain Works SRL and governs your use of the Red Avocado services, superseding any prior
agreements between you and and its' sites (including but not limited to a previous version of the Terms). You
also may be subject to additional terms and conditions that may apply when you use or purchase certain other Red
Avocado services, affiliate services, third-party content, or third-party software. The "Terms and conditions"
and the relationship between you and Red Avocado shall be governed by the Romanian laws, all disputes being settled
amicably, or at the district court of Uptrain Works SRL registered offices.