General Terms and Conditions of Use and Service


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.

Consultant = 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.

Coaching/Training Information/Sessions/Legal 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

Red 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 parties.

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 guidance

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 Company
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 to:
  1. provide true, accurate, current and complete information about yourself as prompted by the service's registration form and
  2. 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:
  1. the introduction of pornographic / erotic information, or fraudulent usage, or fake profiles
  2. 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 disposal.

You agree to not use the service to:
  1. upload, post, email, transmit or otherwise make available any content that infringes any copyright or other proprietary rights;
  2. upload, post, email, transmit any content that is obscene, defamatory, harmful, threatening for another user, individual or legal entity or a third party;
  3. 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.
  4. 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
  5. 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 agreements);
  6. 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.
  7. to have multiple addresses that look alike or are created on the same theme;
  8. 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;
  9. 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.);
  10. use the materials obtained through Red Avocado platform for competitive purpose
  11. 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 information.

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 conditions that may be set forth in any privacy policy on this web site, you understand and agree that Red Avocado may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.

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 accordance with the privacy policy, located at /privacy

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.

You agree 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.

Red 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:
  1. the use or the inability to use the services of www.avocado.red;
  2. unauthorized access to or alteration of your transmission or data;
  3. statements or conduct of any third party on www.avocado.red services;
  4. any other matter relating to the service.
You also understand and agree to:
  1. you are solely responsible for using the services. Services are provided "as is".
  2. Red Avocado makes no warranty that:
    1. the services will meet your requirements;
    2. the services will be uninterrupted, timely, secure or error-free;
    3. the results that may be obtained from the use of the services will be accurate and reliable
    4. any errors in the software will be corrected;
  3. 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.