Coach Nation App and Services Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO USE OUR APP.
Who we are and what these terms cover
We are So Much Better AB, trading as Coach Nation, with Swedish corporate registration number SE559144346901, and having our registered office at Folkungagatan 49, 116 22 Stockholm, Sweden.
When we refer to “we”, “us”, “our” or “Coach Nation”, we mean So Much Better AB.
When we refer to “you” “your” “coach(es)” or “user(s)”, we mean you as an individual or in your capacity as a coach or user.
We are an online platform which allows coaches to be introduced to users, allows coaches to book and arrange coaching sessions, manage payments and also use our in-service video conferencing for virtual group and one-to-one sessions, and may allow users to book Boot Camp sessions provided by Coaches. If you are not a user but you are a coach, use of our platform by coaches is also subject to the terms of our services agreement with coaches.
Our platform also allows users to search for their ideal coach and training sessions and is made available to users free of charge, subject to these terms.
These terms are a licence agreement and terms of use which set out how you are may use the Coach Nation Platforms via our mobile application (the App) and our website at www.coachnation.io (the Site), together the Platforms; the data supplied via the application and any updates or supplements to it, and also how we provide our introductory and logistics services to you through the App, as well as any content we provide to you, when you connect and use our App and Platforms (the Services).
Your privacy
We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy and cookie policy [LINK TO PRIVACY AND COOKIE POLICY].
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Access to our Platforms is normally reserved to adults over the age of 18. If you are under the age 18, you may only use our Platforms via your parent or guardian’s account or with your parent or guardian’s consent on your own device. It is the sole responsibility of parents and guardians of users under the age of 18 to ensure that they have made appropriate security arrangements on their devices to ensure that our App cannot be downloaded from the Google Play Store or App Store, and our Platforms cannot be accessed or used without parental or guardian consent. This means that we do not collect information about children and our Platforms must not be used if you are under the age of 18, unless you have your parent or guardian’s prior consent to do so and have declared to us that you have this consent when you download and use our App.
In accepting these terms you are taken to have declared that you are over the age of 18 or that you have parental or guardian consent to download the App. Coaches are responsible for the personal data of any users under the age of privacy consent that they allow to book Coach Sessions, as further detailed below in Section of these Terms of Use.
These terms are set out into three sections – (1) Terms and Conditions for Use of the App, (2) Terms and Conditions for our Services, (3) General Provisions which apply to the App and our Services.
If you are a user, nothing in these terms shall serve to affect your statutory rights as a consumer.
- Terms and Conditions for Use of the App
The app store from which you download this App may also have terms which apply to the use of this App.
In addition to these terms, the ways in which you can use the App may also be controlled by the Google Play rules and policies available here: https://play.google.com/intl/en-us_us/about/play-terms/index.html or the Appstore’s rules and policies https://www.apple.com/ios/app-store/principles-practices/.
Operating system requirements
The operating requirements for our App are set out in the app store from which you download the App, as updated at our discretion from time to time. Please ensure you regularly update your App via your app store to ensure you always have the most up-to-date version.
How you may use the App
In return for your agreeing to comply with these terms you may:
- as a user, use and display the App and the Service on your devices for your personal purposes only;
- as a coach, use and display the App and the Service on your devices for the purposes of benefitting from our introduction and logistics services for the purposes of supplying your professional coaching services, via the App only. As a coach you may also make up to one copy of the any relevant document (such as details and dates of coaching sessions and your payment information) for back-up and accounting purposes; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You are responsible for your Network Access and Devices
You are responsible for obtaining the data network access necessary to use the App and the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the App or Services from a wireless-enabled device and you are always responsible for such rates and fees. You are also responsible for ensuring that you have a compatible phone or device allowing you to access and use the Services and App and for ensuring that they are maintained and updated. We do not guarantee that the App Services will function or continue to function on your phone or device. The App and Services may be subject to malfunctions and delays which are inherent when using the Internet and any electronic communications.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You may not transfer your account to someone else
We are giving you personally the right to use the account you create within the App as set out in these terms, and you may not otherwise transfer your account to someone else, whether for money, for anything else, or for free. If you sell any device on which the App is installed, you must remove the App and your Coach Nation account from it.
Update to the App and changes to the Services
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
We may collect technical data about your phone or device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our business offering, our App and to provide any Services to you. Where legally required to do so, we will ask you for your prior consent before such information is collected. Please see our privacy and cookies policy for further information [LINK TO PRIVACY AND COOKIES POLICY].
We may collect location data (but you can turn location services off)
Certain Services will make use of location data sent from your devices for the purposes of finding users and coaches who are in the local vicinity of each other. You may stop us collecting such location data at any time by turning off the location services settings on your device. More information about the data we collect (including location data) is set out in our privacy and cookies policy [LINK TO PRIVACY AND COOKIES POLICY].
We are not responsible for other websites you link to
The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
- not lie about your age or having obtained parental or guardian consent when you download and use the App and our Services;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; and;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.
Acceptable use restrictions
You must:
- not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any content (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or coaches; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
Intellectual property rights
Our intellectual property rights. All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
- Infringement. We take intellectual property and rights holders’ rights very seriously and expect you to do the same. If you are a copyright holder, or its agent or licensee and consider that any content contained in our App and Services infringe copyrighted work, we request that you send us a notification of the alleged copyright infringement for the attention of our Copyright Team to So Much Better AB, trading as Coach Nation, SE559144346901, Folkungagatan 49, 116 22 Stockholm, Sweden.
- Terms and Conditions for our Services;
HEALTH DISCLAIMER AND NOTICE
NEITHER COACH NATION NOR THE SERVICES PROVIDED BY US VIA OUR APP CONSTITUTE ANY MEDICAL OR COACHING ADVICE. THE SERVICES AND COACHING SERVICES OBTAINED FROM COACHES ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL, HEALTH OR FITNESS ADVICE, DIAGNOSIS, OR TREATMENT.
ALWAYS OBTAIN MEDICAL ADVICE FROM YOUR DOCTOR BEFORE UNDERTAKING ANY COACHING SERVICES OR ENGAGING IN ANY PHYSICAL ACTIVITY. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR HEALTH PROVIDER WITH ANY QUESTION YOU MAY HAVE REGARDING A HEALTH CONDITION.
MINORS UNDER THE AGE OF 18 WILL NOT BE PERMITTED TO ATTEND A COACH SESSION OR BOOT CAMP UNLESS THEY HAVE PRIOR CONSENT OF A PARENT OR GUARDIAN, (WHICH MAY BE PROVIDED TO COACHES BY EMAIL), AND ARE ACCOMPANIED BY A PARENT OR GUARDIAN WHEN ATTENDING AND UNDERTAKING PHYSICAL ACTIVITY, (UNLESS THEY HAVE THE CONSENT OF THEIR PARENT OR GUARDIAN TO ATTEND THE COACH SESSION ALONE AND HAVE PROVIDED THIS TO THE COACH). COACH NATION HAS NO RESPONSIBILITY FOR OBTAINING OR CONFIRMING SUCH CONSENT.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, INCLUDING ARISING OUT OF A COACHING SESSION OR OTHERWISE, CALL YOUR DOCTOR OR RING 112 IMMEDIATELY.
COACH NATION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, HEALTH CARE PROVIDERS, PRODUCTS, PROCEDURES, OPINIONS, TRAINING OR SPORTS ADVICE OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE SERVICES OR BY ANY COACHES.
COACH NATION DOES NOT GUARANTEE THE FORMAL QUALIFICATIONS OF ANY COACHES ON ITS APPS AND SOME COACHES MAY BE ALLOWED TO PROVIDE COACH SESSIONS ON THE BASIS OF THEIR EXPERIENCE IN THE FIELD.
RELIANCE ON ANY INFORMATION PROVIDED BY COACH NATION OR ITS REPRESENTATIVES, COACHES OR OTHER USERS IS SOLELY AT YOUR OWN RISK.
Our Services
Coach Nation is not a provider of coaching services and does not provide coaching or training services. Our Services are the provision of an introductory and logistics platform via our App which enables users to search for coaches, and allows users and coaches to make connections and communicate between one another. Coaches provide their own professional coaching services to users after having been introduced via the App (Coach Sessions). This creates an independent relationship between users and coaches (Coach Contract) which is further described below under the section entitled- The Relationship between Users and Coaches (Coach Contract), and is governed by these terms of use and is also set out in our service agreement with coaches. The Coaches may use the App to plan and organise Coach Sessions, provide them online via our video facility within the App, allow such video content to be available via the App (for streaming or download) and all payment for such Coach sessions take place via the App.
As we have mentioned, if you are a coach, the use of our Services is also governed by our service agreement for coaches. For the purposes of providing their own services to users, the coaches are independent, freelance coaches and there is no employer/employee relationship, or any other such relationship that is similar to that of an employment relationship, between the coaches and Coach Nation. As a result, and in line with the terms of our service agreement for coaches, Coach Nation is not responsible for the acts and omissions of the coaches, nor do the views, acts or omissions of the coaches reflect upon or represent Coach Nation. All users are solely responsible for selecting a coach and the Coach Sessions provided. It is a user’s sole decision to benefit from services provided by a coach and/or Coach Sessions, and any decision by a coach to provide a Coach Session to a user, is a decision made at the coach’s sole discretion.
We are not responsible for the behaviour of the users or the quality of the coaches or Coach Sessions, save as set out in these terms. As an introductory and logistics platform, we do not have control over the quality, suitability, reliability, durability, timing, legality, failure to provide, content, acts or omissions, or any other aspect whatsoever of any user or coach or the Coach Sessions.
Age of users
Users under the age of 18 may not book or attend any Coach Sessions unless they have prior approval from a parent or guardian which must be provided to coaches. This consent may be provided by email to coaches. Users under the age of 18 may not attend Coach Sessions unless they are accompanied by a parent or guardian, or unless they have prior consent in writing from their parent or guardian to attend Coach Sessions alone which may be provided to coaches by email. Coaches may refuse participation in the Coach Sessions for unaccompanied minors. It is the coach’s sole responsibility to obtain this consent, as further set out in our Coach Service Agreement.
Boot Camps
From time to time, the Coach Nation App may also offer Boot Camps as special offers or promotional offers. Boot Camps are coaching sessions which may be arranged by a number of coaches and may be made available to a number of users, and they are also available for business bookings. Bootcamps will be arranged on a case by case basis. This means that the times, fees, payment terms and activities may vary on a case by case basis depending on how they have been arranged and booked by users and coaches and Coach Nation. However, in general, Boot Camps are governed by the same terms, refund policy and privacy and cookies policy referred to in these Terms of Use and as such, when we refer to our Services in these terms we are also referring to Boot Camps, unless we state otherwise. If you are interested in arranging or booking Boot Camps, please contact us for more information and a personalised offer by emailing us at [email protected].
The Services available on our Platforms
Coach Nation will, strictly subject to these terms:
- Allow users and coaches to enter into Coach Contracts, but without prejudice to our rights at our sole and absolute discretion to decline any such request and/or cancel a Coach Contract;
- Identify suitable coaches;
- Keep records of Coach Contracts and the times and dates of Coach Sessions on the basis of information that is input into the App by the coaches or users;
- Provide access to a payment system and assist users and coaches in processing these payments between one another for their Coach Sessions and Coach Contracts; and
- Receive and deal with feedback, questions and complaints relating to coaches, users, Coach Sessions or Coach Contracts in relation with the Services and App.
User and Coach Profiles
User Profiles. In order to use the App and the Services, you must register for and maintain an active user profile (User Profile). When you create your User Profile, you will be required to submit certain personal information, such as a profile photo, name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your User Profile. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the App or the Services. You are responsible for all activity that occurs under your User Profile, and you agree to maintain the security and secrecy of your User Profile username and password at all times.
Coach Profiles. If you have been accepted by us as a coach, you may create a profile that describes your coaching skills, qualifications, experience, prices and the Coach Sessions you offer (Coach Profile), which you can make publicly available to users through the App. Once you make your Coach Profile publicly available, users will be able to communicate directly with you via the App regarding your Coach Services, and the details and arrangement of any Coach Services. We reserve the right, at any time and without prior notice, to remove or disable access to your Coach Profile for any reason, including if we, in our sole discretion, consider that your Coach Profile is in breach of these terms or the service agreement between us and the coach.
Screening. Whilst we make every effort to screen the profiles of coaches that we allow to register on the App, we are not responsible for any information that is outside of our knowledge or control. We also do not verify or confirm any representations with respect to Coach Sessions offered by coaches. We do not screen users or carry out any background checks or attempt to verify information provided by any user. We do not check or confirm that any user is who they claim to be or is accurately representing themselves. We do not assume any responsibility for the accuracy or reliability of coach or user information, or any information provided through the App and the Services.
The Relationship Between the User and the Coach – The Coaching Contract
Coaches and users may enter into an agreement for the coach to provide its Coach Sessions to the user by using features of the App, at the times, dates, rates, fees and conditions upon which they have agreed through the communication facility of the App (Coach Contract). Coach Nation is not a party to a Coaching Contract between a user and a coach. If you are a coach, you acknowledge and agree that you are solely and fully responsible for the content of your Coach Profile and the description of your Coach Sessions. As a coach, you are also solely and fully responsible for all Coach Sessions you provide to users through the App, such as for checking the health status or age of users, and the content of any Coach Sessions and any digital programs or streaming content that you provide. You also agree to comply with terms of the service agreement for coaches at all times.
Payment
The Services are provided by Coach Nation to users free of charge, unless we state otherwise on the App, such as when we are providing Boot Camps or any sports agent, elite or VIP services or other such special offers from time to time. We reserve the right to introduce a fee for users for the provision of any of the Services. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your access to the Services or the App at your option. The fees that apply for the Coach Sessions provided by the coaches are set by each individual coach, and can be found on each Coach Profile within the App or in their advertisement for a Coach Session. These fees may be modified or updated from time to time by the coach. It is the user’s responsibility to remain informed about the current rates for the Coach Sessions you are interested in.
Users understand that booking Coach Sessions or Boot Camps as the case may be, may result in charges for the Coach Sessions users receive from a Coach or for Boot Camps. After a Coach Session or Boot Camp has been booked via the App, we will facilitate the users’ payment of the applicable fees, either on behalf of the coach as a payment collection agent for the coach pursuant to the rates set out in the Coaching Contract, or on behalf of Coach Nation for the Boot Camps it has provided, depending on the Boot Camp that has been arranged.
All fees are due immediately and payment will be facilitated as soon as practicable by us using our Stripe, our payment services provider (PSP), after which the user and the coach will receive a receipt and confirmation by email. If the payment is not made through our PSP, then the Coaching Contract shall not be concluded and the user shall have no right to receive, and the coach shall have no obligation to provide, the Coach Sessions. Use of the PSP will be governed by Stripe’s terms of use which can be accessed here: https://stripe.com/gb/ssa.
Payment of the fees using our PSP by the user shall be considered the same as payment made directly by a user to the coach, save that we may retain a percentage of the fees that we ultimately transmit to the coach to cover the logistics costs of providing the Services and the App. This is governed between us and the coach under the service agreement for coaches. All fees will be inclusive of applicable taxes where required by law.
All fees paid by users for Coach Sessions or Boot Camps are final and all refunds are subject to the terms of our refund policy [LINK TO REFUND POLICY], where you can also find our Cancellation Form. We advise that this refund policy is read thoroughly before any Coaching Contract is concluded between a user and a coach. Should you have any questions in relation to this refund policy, please contact us.
- General Provisions which apply to the App and our Services
Our responsibility for loss or damage suffered by you
GENERAL DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE APP OR ANY SERVICES, COACH SESSIONS OR BOOT CAMPS REQUESTED THROUGH THE USE OF THE APP AND/OR SERVICES, OR THAT THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS, INCLUDING COACHES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND THE SERVICES, AND ANY COACH SESSION, BOOT CAMP OR ANY OTHER SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
OUR APP AND THE SERVICES ARE PROVIDED ON THE BASIS THAT NEITHER COACH NATION NOR ITS AFFILIATES ARE ENGAGED IN RENDERING PROFESSIONAL HEALTH, MEDICAL, TRAINING OR COACHING SERVICES OR ADVICE. THE SERVICES PROVIDED BY US ARE FOR GENERAL INFORMATION PURPOSES AND CONVENIENCE.
OUR APP AND SERVICES ARE NOT INTENDED AS PROFESSIONAL HEALTH, MEDICAL, TRAINING OR COACHING, HEALTHCARE OR OTHER PROFESSIONAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR PERSONAL HEALTH AND CIRCUMSTANCES.
ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR QUALIFIED HEALTHCARE PROVIDER, OR OTHER PROFESSIONAL ADVISOR REGARDING ANY QUESTION OR ISSUE YOU ENCOUNTER THAT REQUIRES SUCH PROFESSIONAL ADVICE.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you are a user, the App is for domestic and private use. As a coach, if you use the App for your commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This is further governed by the terms of our service agreement for coaches.
Limit on our liability. If we are liable to you in connection with the Services, any Coach Sessions or Coach Contract, or any Boot Camps, our liability will be limited to an amount equal to 2500 SEK in aggregate. Nothing in these terms will limit or exclude our liability to you for personal injury or death caused directly by our negligence.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist and where appropriate, medical advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services and the coaches, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Google Play and App Store site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services, App or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Indemnity. You agree to indemnify and hold Coach Nation and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable lawyers’ fees) arising out of or in connection with: (i) your use of the App or Services or any Coach Sessions or Boot Camps or other services or content obtained through your use of the App and Services; (ii) your breach or violation of any of these terms or any applicable laws; (iii) our use of any content that you submit to the App; or (iv) your violation of the rights of any third party, including coaches or users.
PLEASE NOTE THAT IN SOME JURISDICTIONS, CONSUMER PROTECTION LAWS MAY NOT ALLOW CERTAIN EXCLUSIONS, LIMITATIONS OR DISCLAIMERS OR LIMITATION OR WARRANTIES OR LIABILITIES FOR USERS, AND THEREFORE SOME OF THE ABOVE MAY EXCLUSIONS, LIMITATIONS AND DISCLAIMERS MAY NOT APPLY.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
If you are a coach, we may also end your rights to use the App and Services if you are in breach of the terms of the service agreement for coaches.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App. If you do not accept the notified changes you may continue to use the App and the Services in accordance with the existing terms, but certain new features may not be available to you.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another business organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
These terms do not give rise to any rights to any third party to enforce any term of these terms.
If a court finds any part of these terms unlawful or invalid, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these terms and where you may bring legal proceedings
These terms are governed by Swedish law and you can bring legal proceedings in respect of the products in the Swedish courts. If you are a coach, information of where you may bring legal proceedings in respect of the service agreement for coaches is set out in that document. If you are a user, please note that under applicable consumer laws, you may be able to bring legal proceedings in the courts which are local to where you usually live.
We always want to resolve any dispute with you amicably, so please read the next section carefully which sets out how you can contact us about any issues with the App and what we will do to maintain our relationship with you.
Support for the App and Services and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.coachnation.io.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed, or if as a user or coach, you are unhappy with one of the sessions you have booked or undertaken, or if you simply wish to contact us for any other reason, please email our customer service team at [email protected].
How we will communicate with you. If we have to contact you, we will do so by email, by SMS, using the contact details you have provided to us, or otherwise by in-App messaging.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. As a user, if you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden (ARN)) via their website at https://www.arn.se/. ARN will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. For more details, please visit https://webgate.ec.europa.eu/odr.