These Terms do not alter in any way the terms or conditions of any other agreement you may have with PickYourCoach for our Services or otherwise and the same will be read in consonance with these Terms. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to PickYourCoach if such person or entity and/or you violate these Terms.
If you have any question regarding the use of our Services and/or these Terms, please contact us.
1. Eligibility, Registration and Account
You are responsible for making all arrangements necessary for you to have access to our Services, including but not limited to a high speed internet connection and an appropriate electronic device.
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) in case you are registered with us as a coach, you will not offer coaching services from more than one PickYourCoach account without our express permission in writing, (d) you are in compliance with all laws and regulations in the country in which you live when you access and use our Services, and (e) have full power and authority to enter into a binding contract with us and you have voluntarily agreed to these Terms out of your own free will and in so doing, you will not violate any other agreement to which you are a party.
In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete personal information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify PickYourCoach if you discover or otherwise suspect any security breaches related to our Services or your account; (v) in respect of coaches, provide and upload all the relevant and authentic certifications/qualifications in respect of their sport issued by an appropriate authority/organization in the requisite format; and (vi) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
2. Communications Preferences
By creating a PickYourCoach account, you consent to receive electronic communications from PickYourCoach (e.g., via email or by posting notifications or notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, notifications, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
3. Our Services Offer a Coach
Our Services offers tools, resources and a coach to connect those seeking athletic, skill based, strategic training along with mental conditioning with those seeking to provide the requisite coaching services. PickYourCoach: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services; and (e) with relation to any sport, does not provide sporting paraphernalia or equipment, facilities or physical locations to engage in such sport. Regardless of whether PickYourCoach screens users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services. PickYourCoach hereby expressly disclaims, and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.
4. User Transactions; Release
Our Services may be used to help obtain or offer coaching services provided by users and to facilitate payment for such services. However, users transact solely between themselves and PickYourCoach is not a party to any transactions between users. PickYourCoach hereby expressly disclaims, and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties. All prices are fixed by the coaches at their own discretion and all users agree that they have no right to raise any objection, loss, damages, injury or claim in respect of the prices fixed by the coaches or any commission that may be charged by us from the coaches.
We reserve the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any of our Services at anytime in future.
If you offer coaching services, the first and all future bookings with PickYourCoach users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services and other legal action including but not limited to suits for recovery of such amounts and damages.
5. Payment Terms
5.1. Coaching Sessions; Expiration
You may use our Services to schedule and purchase one or more coaching sessions. Any coaching sessions purchased through our Services must be scheduled in terms of the slots available for that particular coach and completed in terms of such booking and in case it cannot be completed on such date and time due to any reason including but not limited to force majeure events or unavailability of that particular coach due to any unforeseen circumstances, then it shall be rescheduled with that particular coach or if that is impossible, with another coach, within one year of the purchase date at an available time slot. Any coaching sessions not scheduled and completed within one year of purchase shall be deemed to be forfeited and you will not be issued a refund. Users do not have any right to claim a refund from us under any circumstances, either wholly or in part.
Any request to reschedule a coaching session by any user must be made atleast Forty Eight (48) Hours in advance and failure to do so will result in the amount being forfeited. In case a coach fails to conduct a session without atleast Forty Eight (48) Hours advance notice to PickYourCoach, then such coach shall be liable to compensate PickYourCoach for any losses, claims, injuries, damages or torts suffered by PickYourCoach (including but not limited to costs and attorneys’ fees) and/or the users and PickYourCoach shall further be liable to retain the entire booking amount towards such session.
Recorded Session entails 20 minutes of video footage sent to the coach for analysis. Videos need to be under 300 MB in size. The coach may respond via analysis, chat or their own video for you to view. In some cases, the recorded session can include only pre-recorded videos that a coach shares with the student
Live Session entails a live video call with the coach, which will be initiated by the coach at the scheduled time. The live session will be for a maximum of 60 minutes. No recording of the session is permitted.
ALL SESSIONS NEED TO BE BOOKED 48 HOURS IN ADVANCE
5.2. Gifts Certificates/Vouchers
You have the ability to purchase gift certificates/vouchers through our Services that may be redeemed for coaching services. When you purchase a gift certificate/voucher, we will send an email to the recipient that can be used to redeem the gift certificate/voucher. The recipient will be required to create a PickYourCoach account in order to access our Services and redeem the gift certificate/voucher in case the recipient is not registered already. Gift certificates/vouchers are not refundable or redeemable for cash, unless otherwise required by applicable law. Gift certificates/vouchers shall have an expiry date of one year from the date of its purchase and no refund will be given to the purchaser or the recipient under any circumstances. If the recipient’s purchase exceeds the amount of the gift certificate/voucher, the balance must be paid with a credit card or other available payment method.
5.3. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your PickYourCoach account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or rates or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
5.4. Pricing and Availability
All prices are shown in INR and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Users shall be solely responsible to bear all charges, cesses, taxes, surcharges, duties, penalties, etc that may be levied or imposed by governmental or third-party payment processors or other organizations for transactions carried out on or through our platforms or in respect of our Services and PickYourCoach will not incur an expenses or costs in that regard under any circumstances at any point in time. PickYourCoach shall deduct all applicable charges, cesses, taxes, surcharges, duties, penalties, etc at the time of making any payments to users including but not limited to GST, Tax Deducted at Source (TDS), Forex charges, Bank charges, etc and users shall hereby indemnify PickYourCoach against all claims towards such amounts.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to such cancellation or discontinuation.
6. Copyright and Limited License
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the PickYourCoach logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of PickYourCoach or our licensors or users, as applicable, and are protected by Indian and international copyright laws. No right, title or interest in or to our Services or any content therein is transferred to you and all rights not expressly granted, are reserved by us.
Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, nonsub-licensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by PickYourCoach in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of PickYourCoach, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Failure to abide by this policy may result in suspension from our Services and other legal action including for mandatory injunction and/or recovery of such amounts, losses, injuries and damages that may be suffered by us and/or any third party.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by PickYourCoach or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
If PickYourCoach provides desktop, mobile or other applications for download, you may download a single copy to your electronic device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications.
7. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify PickYourCoach’s Designated Agent as set forth below in writing.
C1, R&F Apartments,
Indiranagar, HAL 2nd Stage,
Bangalore – 560034.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by PickYourCoach or the alleged infringer as a result of PickYourCoach relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.