Scope of application
These General Terms and Conditions govern the relationship between customers and ProKeyCoach SA; they apply to the services and products provided by ProKeyCoach SA.
ProKeyCoach SA undertakes to make every reasonable effort to ensure the availability, continuity and quality of the services it offers. It provides services that meet the current state of technical knowledge.
ProKeyCoach SA reserves the right at any time to expand or restrict services or to modify product descriptions for legitimate reasons. The content and scope of the various services are defined in the contract signed by both parties.
Services provided by ProKeyCoach SA
Personal coaching services
Consulting services
Creation, rental and maintenance of turnkey coaching platforms.
Online coaching programmes
Online training programmes
Online profiling programmes
The Website
This Website is the property of ProKeyCoach SA, whose contact details are: Impasse du Champong2 1981 Vex, Switzerland contact@prokeycoach.com Telephone: +41 79 310 63 57 Commercial Register number: CHE-331.858.807 VAT number: CHE-331.858.807
Founder: Benoit Pont
1. DEFINITIONS
General Terms and Conditions: these general terms and conditions of use and provision of services.
Website: the website www.prokeycoach.com
Users: Internet users who use the Website.
Services: services marketed by Prokeycoach SA: videos, MP3 files, exercises, subscriptions, etc.
Products: any product marketed by Prokeycoach SA in connection with the services offered on the Website.
My Account: the personal area made available to the User by Prokeycoach SA.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Use of the Website and Services is offered to the User subject to acceptance of the General Terms and Conditions in force.
Accordingly, before any use of the Website and before placing an order, the User acknowledges having read these General Terms and Conditions and expressly declares that they accept them in full and without restriction when they tick the box «I have read the General Terms and Conditions and accept them».
Prokeycoach SA reserves the right to amend or adapt its general terms and conditions of use and provision of services, which the User acknowledges and accepts. It is the User's responsibility to consult the current updated version.
Prokeycoach SA accepts no liability for any injury or accident suffered by the User, who remains solely responsible for their own practice.
Prokeycoach SA reserves the right to remove, modify, add or update sports sessions, training programmes and exercises as part of an ongoing effort to improve the quality of the videos made available on the Website.
Use of the Services is subject to payment through a subscription.
3. WARNING REGARDING USERS' PHYSICAL ABILITIES
As Prokeycoach SA provides its Services remotely, Prokeycoach SA is unable to assess the physical or mental abilities of Users using the Services, or to verify the information provided by them during registration.
Prokeycoach SA strongly recommends that the User consult a doctor in order to obtain a medical certificate confirming fitness to practise hockey. The User expressly acknowledges having been informed of this prior to using the Services.
Any other information, advice and/or results do not in any way claim to constitute or replace medical advice.
Prokeycoach SA does not guarantee any medical or sporting result.
Prokeycoach SA accepts no liability for accidents, injuries or damage of any kind that may result from Users practising the exercises presented in video sessions, MP3 files or exercises distributed through the Website or Services marketed by Prokeycoach SA.
Compliance with safety instructions is the sole responsibility of the User concerned.
Always seek the advice of your doctor before engaging in physical activity if you suffer from high or low blood pressure, heart problems, serious back problems or severe psychological disorders.
Limitation of liability relating to Users' abilities
Prokeycoach SA may under no circumstances be held liable for an accident occurring to one of its Members during a training session. Before carrying out the recommended exercises, the User undertakes to have a recent medical certificate (less than 3 months old) confirming that there is no medical contraindication preventing them from carrying out those exercises.
Prokeycoach SA may only be held liable by a Member where definite and final proof has been established in court of a fault committed by Prokeycoach SA that caused damage to the Member.
Where applicable, it shall be for Prokeycoach SA to demonstrate that it committed no fault in the performance of its contractual obligations.
Prokeycoach SA shall not be liable for direct or indirect damage suffered by the User where the Member's conduct caused or contributed to the damage claimed.
By way of illustration, Prokeycoach SA shall not be liable for direct or indirect damage suffered by the User as a result of the User's failure to perform or improper performance of these terms of use.
Services exclusively reserved for persons with legal capacity
As the Services are linked to the purchase of paid services, they are exclusively reserved for persons legally capable of entering into contracts.
Use of Services by minors
Minors must obtain the consent of their legal representative in order to use our Services.
4. PROHIBITED CONDUCT
The following are strictly prohibited and may lead to legal proceedings: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the Website's systems, (iii) any misuse of the Website's system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security, authentication or identification measures, including false statements, and (vi) any act likely to infringe the financial, commercial or moral rights and interests of the Website operator or Users of the Services, such as video piracy.
In the event of a breach of any provision of this paragraph or, more generally, of the laws and regulations of any country, Prokeycoach SA reserves the right to suspend the User's use of the Website and Services at any time and without notice.
User commitments and confidentiality obligation
The User undertakes not to disclose to third parties any information obtained in connection with the use of the Website and the Services and Products marketed by Prokeycoach SA.
5. REGISTRATION PROCEDURES
The User acknowledges that all equipment (computer, software, smartphone, earpods, pucks, sticks, etc.), connection costs or other expenses are exclusively at their own expense.
The User must have the necessary skills, equipment and software required to use the Internet or, where applicable, Internet services, and acknowledges that the characteristics and limitations of the Internet do not allow the security, availability and integrity of data transmissions over the Internet to be guaranteed.
To register, the User must create an account by completing the required fields in the form. Once registration has been validated, the User will access the Website and the Services offered by Prokeycoach SA using their email address and password, which allow them to access their personal area called «My Account» at any time.
Certain fields are mandatory and must be completed in order to gain access to Prokeycoach SA Services. Other optional fields may be completed at any time by the User by accessing the «My Account» section containing all their personal data.
To access the Website content, the User must pay for the relevant Services, Product or Subscription. Every payment procedure will be confirmed by email to the address provided by the User upon registration.
6. PRICES AND PAYMENT TERMS
Prokeycoach SA informs the User that all prices shown on the Website include taxes.
General payment terms
Payment for Services shall be made by bank card (Carte Bleue, Visa, Mastercard). Payments made will be secured by a data encryption process intended to prevent interception of this information by third parties.
Online payments are secured and managed by Worldline.
Prokeycoach SA cannot be held liable in the event of fraudulent use of the payment methods used.
In accordance with applicable regulations, Members' bank details are not stored by Prokeycoach SA.
Service prices and payment
The Service prices are those shown on the Website and include taxes. Prices may be changed. Where applicable, changes shall apply only to future payments.
ProKeyCoach SA reserves the right to change its prices at any time without prior notice. If customers refuse such a change, they must request termination of the contract concerned by registered letter with acknowledgement of receipt.
Otherwise, the new prices shall be deemed irrevocably accepted and shall apply to the next invoice.
ProKeyCoach SA reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
The data recorded by Prokeycoach SA on the Website, as well as exchanged confirmation emails, shall constitute evidence of all transactions carried out between the User and Prokeycoach SA, including their date and content. Data recorded by the payment system shall constitute evidence of financial transactions.
Refunds and right of withdrawal
The User expressly acknowledges waiving their right of withdrawal once, within the above-mentioned period, they have accessed the Services offered on the Website. The right of withdrawal must be exercised by email to contact@prokeycoach.com.
After this period, no refund or postponement may be made for any reason whatsoever.
7. DELIVERY TIME
The delivery time shall be that agreed by the parties in the offer accepted by the customer. It shall be deemed to have been met if the goods or documents, regardless of medium, are dispatched by Prokeycoach SA within the agreed time.
ProKeyCoach SA shall be released from any liability towards the customer for any damage suffered personally by the customer and/or caused by the customer to a third party as a result of exceeding the delivery time, in particular where:
• the necessary documents and/or work materials are provided by the customer outside the agreed deadlines.
• the material provided by the customer is not ready for proper performance of the Services to be provided by ProKeyCoach SA.
• the material provided by the customer is defective.
• the customer modifies the initial order or requests additional work.
• the customer delays performance of the Services to be provided by ProKeyCoach SA without any fault on the part of ProKeyCoach SA.
• the originally agreed working hours are exceeded, regardless of the extent.
• a force majeure event and/or unforeseen event occurs.
Exceeding the delivery time under the above circumstances shall not entitle customers to invalidate or terminate the contract entered into with ProKeyCoach SA or to claim damages.
8. LIABILITY OF PROKEYCOACH SA
ProKeyCoach SA endeavours to make the website www.prokeycoach.com accessible 24 hours a day, 7 days a week.
However, ProKeyCoach SA cannot be held responsible for the consequences of technical incidents that may result in interruption of the Website or possible loss of data.
Furthermore, for the proper operation of the Website, ProKeyCoach SA reserves the right to interrupt access in order to carry out maintenance, updates, improvements and/or tests.
ProKeyCoach SA will endeavour, as far as possible, to carry out such operations for the shortest possible periods and outside peak usage hours. ProKeyCoach SA may not under any circumstances be held liable as a result.
ProKeyCoach SA may not be held liable for direct or indirect damage of any kind resulting from the use of a Service, programme or software, or from any defect therein, including loss of data or loss of business resulting from loss of data or the inability to use software, even if ProKeyCoach SA has been advised of such a possibility. Due to the characteristics and limitations of the Internet, ProKeyCoach SA may not be held liable in particular for:
• difficulties accessing the hosted Website due to network congestion during certain periods.
• contamination by viruses of the hosted customer's data and/or software, protection of which is the customer's responsibility.
• malicious intrusions by third parties into the servers despite reasonable security measures implemented by ProKeyCoach SA.
• possible theft of passwords, confidential codes and, more generally, any information of a sensitive nature relating to the customer.
• unavailability of hosted Services due to technical malfunctions not attributable to ProKeyCoach SA.
Notice
ProKeyCoach SA reserves the right, for the proper use of the Website and Services, to place cookies on Users' computers. Cookies are small information files that a website may send to the hard drive of a personal computer to facilitate access to the Website. The servers of the Website and Services provided by ProKeyCoach SA use temporary cookies. The User may prevent cookies from being stored by configuring their browser in accordance with the information provided on the browser provider's website.
The User expressly acknowledges that refusing the storage of cookies may prevent them from benefiting from all functionalities of the Website and Services.
ProKeyCoach SA does not act as an Internet access provider. As such, it cannot guarantee either the quality of the Internet connection or the absence of interruptions specific to the network.
The User declares that they are aware of the difficulties inherent in the use of the Internet, in particular network disruption and highly variable data transfer rates, which may cause failures or incidents when accessing the Website and Services.
ProKeyCoach SA does not guarantee that the Website will be free from anomalies, errors or bugs, that they can be corrected, that the Website will operate without interruption or failures, or that it is compatible with hardware or configurations other than those expressly validated by ProKeyCoach SA.
ProKeyCoach SA shall under no circumstances be liable for malfunctions attributable to third-party software, whether or not such software is incorporated into the Website or supplied with it. Under no circumstances shall ProKeyCoach SA be liable for any foreseeable or unforeseeable damage (including loss of profits or opportunity) arising from the use of, or the total or partial inability to use, the Website.
The User declares that they are familiar with the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks associated with the security of communications.
In all such situations, ProKeyCoach SA may under no circumstances be held liable.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos, graphics, photographs, animations, videos and texts contained on the ProKeyCoach SA Website are the intellectual property of ProKeyCoach SA and may not be reproduced, used or displayed without the express authorisation of ProKeyCoach SA, under penalty of legal proceedings.
Use of these intellectual property elements by the User is strictly limited to private and personal use within the framework and for the duration of the use of ProKeyCoach SA and its Services. Any other use by the User is prohibited without ProKeyCoach SA's authorisation. In particular, the User is prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing and/or using in any way whatsoever the videos, MP3 files, training sessions, pages of the ProKeyCoach SA Website, or the computer code of the elements making up the ProKeyCoach SA Services and Website.
Any use in breach of these rules is unlawful and constitutes a violation of this contract and may be subject to legal proceedings.
The general structure of the Website, as well as texts, moving or still images, sounds, know-how and any other elements making up the Website pages, are the exclusive property of ProKeyCoach SA. Any total or partial representation or modification of the Website or of one or more of the elements referred to in the preceding paragraph, by any means whatsoever, without the express written authorisation of ProKeyCoach SA is prohibited and shall constitute an infringement subject to penalties.
10. PROTECTION OF BUSINESS SECRETS
ProKeyCoach SA shall take all necessary measures to ensure that its staff treat all confidential information (financial, statistical, personal or otherwise) communicated to ProKeyCoach SA by customers for the purposes of this order with the same discretion that ProKeyCoach SA would require for its own confidential affairs. This obligation shall not apply to information in the public domain, information already in the possession of ProKeyCoach SA through means unrelated to the performance of this work, or information brought to the attention of ProKeyCoach SA by third parties acting in good faith. The same confidentiality obligation shall apply to customers in respect of any confidential information they may learn from ProKeyCoach SA during the performance or provision of Services under these General Terms and Conditions.
11. FINAL PROVISIONS
Transfer of rights and obligations
ProKeyCoach SA reserves the right to transfer to a third party the rights and obligations arising from a contract without the prior written authorisation of the other party.
Applicable law and jurisdiction
The contract is governed by Swiss law. Customers may bring proceedings against ProKeyCoach SA at its registered office. ProKeyCoach SA may bring proceedings against customers at their registered office or place of residence.
CH-1981 Vex, Switzerland.
