Terms & Conditions of Use

Welcome to Coachya.com, a website of Coachya Active Ltd. (“Coachya”, “We”, “Us”, or “Our”). Coachya.com is a social networking website that offers a variety of online applications for athletes and athletics coaches (Website”).

Users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate Coachya data, information, or content available on Coachya affiliated websites, or otherwise interface with or access the Website or Services (collectively or individually “You” “User” or “Users”) must do so under the following Coachya Terms and Conditions of Use (“Coachya Terms and Conditions of Use”, “Terms and Conditions”).

BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL CONSENTS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS. IF YOU DO NOT CONSENT TO THE COACHYA TERMS AND CONDITIONS OF USE, THEN WE REQUIRE THAT YOU CEASE USING THE SERVICES IMMEDIATELY.

THE COACHYA TERMS AND CONDITIONS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND US.

The Website Serivces are offered exclusively to Users aged 14 and older. If you are between the age of 14 and 18, you must read the COACHYA TERMS AND CONDITIONS OF USE with your parent(s) and/or guardian(s) to ensure that your parent(s) or guardian(s) agree and enter into the Agreement on your behalf, and assume full legal responsibility with regards to your usage of Website and Services.

MODIFICATION OF THE TERMS AND CONDITIONS OF USE

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Coachya Terms and Conditions of Use at any time. By consenting to these Terms and Conditions, you undertake to periodically check the Coachya Terms and Conditions of Use for any changes. Your continued use of the Website after the posting of any modifications or changes to the Coachya Terms and Conditions of Use constitutes your binding acceptance of such changes.

SERVICES

Our current and anticipated services include features such as training scheduling, training templates, logging of training results, uploading, processing and sharing of personal and group data relating to training plans, meal planning and geographical data, social networking features, and billing management features for charging coaching fees (collectively “Services” or individually “Service”). Subject to your compliance with these Terms and Conditions and to your completion of an account creation in the Website, we will provide you with a set of Services designated for the account type you select.

Coachya may at any time and its sole discretion, change the scope of Services, including the removal, addition, alteration and/or appropriation of specific Services to a specific account type and/or Services as a premium offer (payment incurring).

Account Types. 

  1. Basic membership – a free of charge account offering free access to some, but not all Services (“Basic Account”). A Basic Account is designated for Users who utilize Services independently and/or associate their Account with one or more Coaches to receive coaching services from the Coach or Coaches. A Basic Account allows its User to offer training Services for up to 4 Users.
  2. Premium membership – in addition to the functionality of a Basic Account, adds Services designated for professional trainers or coaches (“Coach Account”). A Coach Account allows its User (“Coach” or “Coach Account Users”) to offer training Services to multiple Users, to set up team profiles which other Users can join and to use further Services related to trainee and team management. Coaches can offer coaching Services to other Users for a monthly fee they choose to set as their coaching fee (“Coaching Fee”, “Coaching Fees”). You are hereby made aware that Coachya only offers the electronic trade platform for managing the collection of Coach Fees. ACTUAL PAYMENT OF COACHING FEES IS CONDUCTED AND PROCEESED BY PAYPAL™ ONLINE PAYMENTS SERVICE[i]. COACHYA DOES NOT TAKE PART IN THE WIRING OR HANDLING OF COACHING FEES. BY ACCEPTING THESE COACHYA TERMS AND CONDITIONS YOU COMPLETELY RELIEVE COACHYA FROM ANY RESPONSIBILITY RELATED TO DAMAGE, ACTION OR LACK THEREOF WITH REGARD TO COACHING FEES PAYMENTS, AND UNDERTAKE NOT TO CLAIM AGAINST OR BRING ACTION AGAINST COACHYA, RELATED TO SUCH DAMAGE, ACTION OR LACK THEREOF.

We offer two account types (hereinafter “Account” or “Accounts”):

Payment

  1. Basic Account is free of charge.
  2. Coach Account is a premium Account offered for the monthly rate per Account as indicated in the Account registration page (“Coach Account Member Fee”). Coachya may at any time and at its sole discretion increase, reduce, restructure or cancel the Coach Account Membership Fee. Should this happen, we will electronically inform Coach Account Users two weeks (14 work days) prior to the effective start of such change.

A Coach Account becomes active upon securing one of the payment means offered during the Account registration process (“Payment Means”). A Payment Means is considered secured as soon as it is verified and authorized by the applicable institution owning your chosen payment means. Payment is charged for the month ahead, calculated as a period of 30 days counted from the day you complete your Account registration process (“Period”).

 ACCOUNT REGISTRATION

By completing your account registration or creating a password on the Website, you represent to us that (a) you meet the age restrictions aforementioned and (b) the information you have provided in the registration form (“Personal Information”) is true and accurate.  You further undertake to promptly update your Personal Information using the Personal Information page provided through the Website to make sure that all your Personal Information is accurate and relevant.

PASSWORDS

Your password for accessing your account is confidential and intended to be used solely by you. Do not submit this password to any third party as this may jeopardize the security of your Account. You will solely bear responsibility for any misuse or damage resulting from unauthorized use of your Account due to your actions or lack thereof relating to password confidentiality.

ACCOUNT TERMINATION

You may choose to terminate your Account at any time.

Coach Account Payment – Should you choose to terminate your Coach Account; you already paid Period will be your last payment. Regardless of the time you terminate your Coach Account, termination goes into effect at the end of the last day of your already paid Period, and you will not be entitled to any reimbursement relating to your already paid Period.

PROPER USE

  1. Send or otherwise post unauthorized commercial communications (such as spam) on the Website.
  2. Collect users’ content or information, or otherwise access Coachya, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. Engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website.
  4. You will not upload viruses or other malicious code to the Website.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any User.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic violence.
  8. You will not do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of these Terms and Conditions.

You hereby commit not to do the following:

COMMENCMENT OF SERVICES

Any content that you will choose to post, upload, transmit through or otherwise make available (“posting”) on Website including text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials is referred to as “User Content” in these Terms and Conditions.

  1. By accepting these Terms and Conditions you grant Coachya, its parent and subsidiaries, a non-revocable, transferable, sub-licensable, perpetual, worldwide and royalty free license to use, copy, display, distribute syndicate, promote and create derivative works based on your User Content, and you agree to our use and disclosure of your Content as set forth in our Online Privacy Policy.
  2. You hereby represent and warrant to us that (i) you are the owner of your User Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, intellectual property or any other rights of any third party (iii) the posting of your User Content does not violate any applicable law or the conditions set forth in these Terms and Conditions.

Basic Account – we will provide you with Services commencing upon your completion of Account registration.

Coach Account – we will provide you with Services commencing upon your completion of Account registration and payment and payment of Coach Account Member Fee

TERMINATION BY COACHYA (for cause)

We reserve the right to disable and/or terminate your Account regardless of the type of Account you have if you fail to comply with these Terms and Conditions, including without limitation, failing to comply with the password restrictions or providing false Account Information. In such case we also reserve the right to delete your Account information or remove Content you have posted or uploaded to the Website or to your Account.  We will not refund you should your Account be terminated for cause.

OTHER TERMINATION

We reserve the right to cease providing the Services at any time.  Should we terminate the Services, we will refund you pro rata for the remaining portion of the term of your already paid Period.

WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

THE CONTENTS OF THE WEBSITE, SUCH AS TEXT, GRAPHICS, IMAGES, VIDEO AND ALL OTHER MATERIALS, WHETHER OBTAINED BY US OR UPLOADED BY USERS OR ANY THIRD PARTY (“CONTENT”) IS NOT MEDICAL ADVICE, RECOMMENDATION OR AUTHORIZATION, AND SHOULD NOT BE INTERPRETED AS INTENDED TO BE SUCH. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR MEDICAL ABILITY TO PERFORM TRAINING PLANS OR RECOMMENDATIONS ON THE WEBSITE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE!

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE. RELIANCE ON ANY CONTENT IS SOLELY AT YOUR OWN RISK.

NO COMMUNICATION BETWEEN YOU AND US WILL CONSTITUTE A HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

COACHYA PRIVACY POLICY

By consenting to these Terms and Conditions you also consent to our Privacy Policy, which governs our use of your personal data. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality assurance.

OWNERSHIP AND PROPRIETARY RIGHTS

Coachya Materials

All Website software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software and Services (collectively, the “Materials”) is property of Coachya, and protected by international copyright, trademark and trade dress laws. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. In addition, the entire Material of the Website is a collective work under U.S. and international copyright laws and treaties, and Coachya owns the Website’s Material arrangement, coordination and design.

RESPONSIBILTY FOR USER CONTENT

You acknowledge that should you use your Account to register for coaching services rendered by a Coach, this Coach will have access to parts of your User Content, including, but not limited to, post your training results, post training schedules related to you, edit or delete personal data related to your Coach-lead activities and post pictures, videos or any other data that relates to you that will appear on your profile page.

While we make every effort to make Website secure, posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your User Content. We cannot guarantee that your User Content will not be disclosed beyond your Account privacy settings and/or viewed and accessed by any third party.  You are solely responsible for the User Content you upload or otherwise provide via the Website Services. You are solely responsible for the consequences of sharing or publishing such User Content with others via Website, including without limitation, disclosing your location to others. YOU ACKNOWLEDGE AND AGREE THAT COACHYA IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT MAY OCCUR BETWEEN YOU AND ANY THIRD PARTY OR THE CONFIDENTIALITY OF ANY CONTENT OR INTERACTION YOU MAY HAVE WITH ANY USER AND/OR ANY THIRD PARTY. MAPQUEST SHALL NOT BEAR RESPONSIBLTY FOR ANY CONTENT THAT YOU POST FOR WHATEVER REASON.

You further acknowledge that we may, without limitation and for no compensation to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to Website or the Services.

Coachya does not guarantee the accuracy, integrity or quality of any User Content.  You acknowledge that using the Website you may encounter User Content you may deem offensive, indecent, inaccurate, incomplete or objectionable. You will hold us harmless for any damage or loss you incur as a result of any User Content, including, but not limited to, any errors or omissions in any User Content and Website viewing errors.

Although we do not control User Content and are not responsible for any aspect related to it, we do reserve the right, in our sole discretion, to pre-screen, refuse, edit or remove any User Content for reasons of violation of these Terms and Conditions, abuse of Website and Services or for any other reason we may find proper. Such action by us can be done without notice or compensation to you or any other party affected by or from such action. If you become aware of misuse of the Site by any person, please contact us via email at info@coachya.com.

Should you terminate your Account, your User Content may not be saved.

Claims of Copyright Infringement:  If you have reason to believe any part of the content of the Website infringes the copyrights of others, please notify us at info@coachya.com, and we shall duly investigate any allegations of copyright infringement brought to our attention.  We reserve the right in our sole discretion to immediately suspend and/or terminate Website access to any User who is alleged to have posted infringing materials and to immediately remove or disable the allegedly infringing content.

LINKS TO WEBSITE AND OTHER HYPERLINKS

We permit you to create hyperlinks to the Website home page or to its public accessible pages, under conditions that (i) the hyperlink accurately describes the relevant Website page’s content (ii) and that you do not depict the Website within a “frame” or alter in any manner its original appearance.

Third Party Sites: We do not endorse or assume any responsibility for links to other websites posted on the Website, and if you decide to use such links, you do it at your own risk.

NO WARRANTIES

Although we deploy commercially reasonable efforts to provide you Website access and your applicable Services depending on your Account type, THE WEBSITE AND THE SERVICES ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. COACHYA, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT THE WEBSITE, ITS INFORMATION AND SERVICES ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE WEBSITE AND THE INFORMATION DISPLAYED ON THE WEBSITE IS ACCURATE, RELIABLE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ADVICE OR INFORMATION GIVEN BY US OR OUR EMPLOYEES IN WRITING OR ORALY SHALL CREATE A WARRANTY NOT MADE IN THESE TERMS AND CONDITONS. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.

Should you experience a failure of Services or any technical problem relating to the Website, please report to us toinfo@coachya.com and we will do our best to attend to your concern within reasonable time. In any case, your only remedy with respect to any failure of the Services or any other functional issue with the Website is the option to terminate your Account at any time. Should you choose to terminate your Account for such reason, the same conditions detailed above will abide, and you will not be entitled to any refund or reimbursement.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COACHYA BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THE WEBSITE.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY for DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS.

Please note that some countries have laws and stipulations that give mandatory consumer rights withstanding these Terms of Use, and that these Terms and Conditions are not represented as outdoing any such rights.

 

INDEMNITY

You will indemnify and hold Peaksware, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site (including any information, materials, products or services available through the Site), your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

 

ASSIGNMENT

The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction.

 

INTERNATIONAL USE

Accessing the Website from outside the United States requires that you comply with all local rules regarding your use of the Websiite.

 

ENTIRE AGREEMENT

The Terms and Conditions of Use, including our Privacy Policy and any other policy or terms, constitute the entirety of the agreement between you and Coachya and govern your use of the Site, superseding and replacing any prior agreements between you and Coachya with regard to your use of the Website and Services (hereinafter “Agreement”).

 

JURISDICTION

You agree that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the applicable court of the state of Israel, and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.

Limitation on Actions

 

You agree that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues, regardless of any statute or law to the contrary. Should ayou fail to commence any such action within that time, such action is forever barred.


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