Terms & Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between AlwaysBetter ("AlwaysBetter", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the https://Koach.net website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

The payment service offered by the website is managed by MANGOPAY. Acceptance of these terms and conditions implies the acceptance of Mangopay's General Terms and Conditions. MANGOPAY has a specific list of countries where it is authorized to process payments. Accordingly, the following list are the countries where we authorize payments and can accept coaches from:

Europe

  • Andorra

  • Austria

  • Belgium

  • Bulgaria

  • Cyprus

  • Croatia - payout authorized only

  • Czech republic

  • Denmark

  • Estonia

  • Feroe Islands

  • Finland

  • France

  • Georgia

  • Germany

  • Gibraltar

  • Greece

  • Greenland

  • Hungary

  • Ireland

  • Iceland

  • Italy

  • Latvia

  • Liechtenstein

  • Lithuania

  • Luxembourg

  • Former Yugoslav Republic of Macedonia (FYROM)

  • Malta

  • Man (Isle of)

  • Monaco

  • Moldova

  • Netherlands

  • Norway

  • Poland

  • Portugal

  • San Marino

  • Slovakia

  • Slovenia

  • Spain

  • Sweden

  • Swiss

  • Turkey

  • United Kingdom

  • State of Vatican City

Africa

  • Benin

  • Burkina Faso

  • Cameroon

  • Cap-Vert

  • Congo (Republic of the Congo)

  • Comoros

  • Djibouti

  • Kenya

  • Lesotho

  • Madagascar - payout authorized only

  • Malawi

  • Morocco

  • Rwanda

  • Saint Helen's Island

  • South Africa

  • Swaziland

  • Tanzania

  • Togo

  • Senegal

America

  • Argentina

  • Bonaire, Sint Eustatius, Saba

  • Brazil

  • Canada

  • Chile

  • Costa Rica - payout authorized only

  • Curaçao

  • Dominica

  • Dominican Republic

  • Falkland Islands

  • Honduras

  • Jamaica

  • Mexico

  • Paraguay

  • Peru

  • Puerto Rico

  • Saint Martin (Dutch)

  • Salvador

  • United States of America

  • Uruguay

  • United States Virgin Islands

Asia

  • Bhutan

  • China

  • East Timor

  • Hong Kong

  • India

  • Japan

  • Malaysia

  • Philippines

  • Singapore

  • South Korea

  • Taiwan

  • Thailand

  • Vietnam

Oceania

  • Australia

  • Brunei Darussalam

  • Cocos Island

  • Cook Islands

  • Fiji

  • Kiribati

  • New Caledonia

  • New Zealand

  • Solomon Islands

Middle East

  • Armenia

  • Azerbaijan

  • Bahrein

  • Israel

  • Jordan

  • Occupied Palestinian Territory

  • Oman

  • Qatar

  • Saudi Arabia

  • Tunisia

  • United Arab Emirates - payout authorized only

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Cancellations and refunds

For clients: When you purchase a package that includes a paid session or more, the payment will only be charged to you if and when the coach accepts your booking request. If you cancel before the coach accepts or if the coach declines your booking request, you will not be charged and the booking request will be cancelled. You can cancel after the coach accepts your booking request, with two days notice. You will then be refunded for the sessions in the package that didn't take place to the same card you made the payment with. The sessions that you cancel in less than two days notice will be fully charged.

For coaches: As coaches are paid only after a session takes place, you can cancel a paid package and no refund will be required for the sessions that didn't take place. You will not be paid also for these sessions as their paid amount will be refunded back to the client. The company retains the rights to evaluate the reasons and conditions surrounding the cancellation from the coach side. The company also retains the right to suspend or delete a coach's profile if the reasons or conditions surrounding the cancellation violates the ethics and values of the company.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against AlwaysBetter with respect to such other services. AlwaysBetter is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting AlwaysBetter to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only, and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer from AlwaysBetter to you any AlwaysBetter or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AlwaysBetter. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of AlwaysBetter or AlwaysBetter licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any AlwaysBetter or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. As a user (coach or client), you are solely responsible for your safety and privacy if you decide to meet another user (coach or client) face-to-face or online. We are not responsible for or guarantee your safety and privacy or any aspect of the coaching relationship. While we try to verify coaches certifications as much as possible, we are not responsible for and cannot guarantee the authenticity of certification provided by coaches. We hold the right to report any fake certificates to the relevant authorities and we encourage reporting on such matter with evidence so we can take the necessary steps from our side after verification.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will AlwaysBetter, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if AlwaysBetter has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of AlwaysBetter and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to AlwaysBetter for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold AlwaysBetter and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Noord-Holland, Netherlands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Netherlands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Noord-Holland, Netherlands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

This document was last updated on July 16, 2018