The Ana Wel Coach Platform
The Ana Wel Coach Platform provides a digital network which functions as a marketplace where Users who seek personal sport’s training or any other activities can be matched with persons , including Coach who can provide the Services. Each User shall create a User account that enables access to the Ana Wel Coach Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion.
We aim to update the Ana Wel Coach Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Ana Wel Coach Platform and the Services or close them indefinitely. Any of the material on the Ana Wel Coach Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
Ana Wel Coach Platform Ownership.
The Ana Wel Coach Platform and all rights therein are and shall remain Ana Wel Coach’s property or the property of Ana Wel Coach ‘s licensors. Neither this Agreement nor your use of the Ana Wel Coach Platform convey or grant to you any rights: (i) in or related to the Ana Wel Coach Platform except for the limited license granted above; or (ii) to use or reference in any manner Ana Wel Coach’s company names, logos, product and service names, trademarks or services marks or those of Ana Wel Coach’s licensors.
Use of the Ana Wel Coach Platform
User Accounts.
In order to use most aspects of the Ana Wel Coach Platform, you must register for and maintain an active personal User account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Ana Wel Coach certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Ana Wel Coach Platform.
Unless otherwise permitted by Ana Wel Coach in writing, you may only possess one Account.
User Requirements and Conduct.
The Ana Wel Coach Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive training services from coach unless they are accompanied by you or another adult
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Ana Wel Coach Platform, and you may only use the Ana Wel Coach Platform for lawful purposes.
Communications.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications.
Charges and Payments
As a User, you agree to pay any amounts charged by Ana Wel Coach and amounts charged by Coach or other independent third party provider "Academy” for providing Services to you ("Charges”).
Restricted Activities
With respect to your use of the Ana Wel Coach Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Ana Wel Coach Platform or the servers or networks connected to the Ana Wel Coach Platform (v) post information or interact on the Ana Wel Coach Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Ana Wel Coach Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ana Wel Coach Platform (x) "frame” or "mirror” any part of the Ana Wel Coach Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ana Wel Coach Platform or any software used on or for the Ana Wel Coach Platform
Disclaimers, Limitation of Liability, Indemnity
Disclaimer.
THE ANA WEL COACH PLATFORM AND SERVICES ARE PROVIDED "AS IS” AND "AS AVAILABLE.” ACTIVITY SPOSTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ACTIVITY SPOSTS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE ACTIVITY SPOSTS PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE ACTIVITY SPOSTS PLATFORM, OR THAT THE ACTIVITY SPOSTS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. ACTIVITY SPOSTS AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COACHES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE ACTIVITY SPOSTS PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
By using the Ana Wel Coach Platform and participating in the Services, you agree to accept such risks and agree that Ana Wel Coach is not responsible for the acts or omissions of Users, Coaches, Academy Partners, mobile operators, or any other third party.
Ana Wel Coach and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
LIMITATION OF LIABILITY.
ANA WEL COACH AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE ANA WEL COACH PLATFORM OR SERVICES, EVEN IF ANA WEL COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANA WEL COACH AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE ANA WEL COACH PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE ANA WEL COACH PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY COACH OR OTHER THIRD PARTY PROVIDER, EVEN IF ANA WEL COACH OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANA WEL COACH AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
THE ANA WEL COACH PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH COACHES BUT YOU AGREE THAT ANA WEL COACH AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY COACH OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Ana Wel Coach at Contact@AnaWelCoach.com
Notice.
Ana Wel Coach may give notice by means of a general notice on the Ana Wel Coach Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Ana Wel Coach by written communication to Ana Wel Coach’s email address at Contact@AnaWelCoach.com
General.
You may not assign or transfer your rights under this Agreement in whole or in part without Ana Wel Coach’s prior written approval. You give your approval to Ana Wel Coach for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Ana Wel Coach’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Ana Wel Coach or any Coach as a result of the contract between you and Ana Wel Coach or use of the Ana Wel Coach Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.