SCOPE OF APPLICATION
These General Terms and Conditions regulate the relationship between the client and ProKeyCoach Ltd. and apply to the services and products provided by the latter.
ProKeyCoach Ltd. is committed to do its utmost to ensure the permanence, continuity and quality of the services it offers. It provides services that meet the current state of technical knowledge.
ProKeyCoach Ltd. reserves the right to extend or restrict the services or to change the product descriptions at any time for good reason. The content and scope of the individual services are defined in the contract signed by both parties.
SERVICES OF PROKEYCOACH LTD
Personal coaching services
Realization, rental and maintenance of turnkey coaching platforms.
Online coaching program
Online training program
Online profiling program
This Website is the property of the company ProKeyCoach Ltd whose coordinates are Impasse du Champong2 1981 Vex, Switzerland firstname.lastname@example.org Phone: +41 79 310 63 57 Trade Register Number: CHE-331.858.807 VAT Number: CHE-331.858.807
Founder: Benoit Pont
General Conditions: the present general conditions of use and services.
Website : the www.prokeycoach.com website
Users: the Internet users using the said Website.
Services: the services commercialized ProKeyCoach Ltd : videos, MP3, exercises, subscriptions...
Products: any product marketed by ProKeyCoach Ltd in connection with the services offered on the Website.
My Account: the personal space made available to the User by ProKeyCoach Ltd
2. ACCEPTANCE OF THE GENERAL CONDITIONS
The use of the Site and the services is offered to the User, subject to his acceptance of the general conditions in force.
Therefore, prior to any use of the Site and placing an order, the User acknowledges having read these terms and conditions and expressly declares to accept them in their entirety, without any restriction, when he/she checks the box "I have read the Terms and Conditions and I accept them".
ProKeyCoach Ltd reserves the right to modify or adapt its general terms and conditions of use and services, which the User acknowledges and accepts. It is the User's responsibility to consult the current update.
ProKeyCoach Ltd declines all responsibility in the event of injury or accident to the User, who is solely responsible for his/her practice.
ProKeyCoach Ltd reserves the right to delete, modify, add or update sports sessions, training programs, exercises and this in a constant search to improve the quality of the videos broadcast on the Site.
The use of the services is subject to a subscription fee.
3. WARNING ABOUT THE PHYSICAL ABILITIES OF USERS
Insofar as ProKeyCoach Ltd offers its services remotely, ProKeyCoach Ltd is not in a position to evaluate the physical or mental capacities of the users using the services, nor to control the information transmitted by the user during registration.
ProKeyCoach Ltd strongly recommends that the User consults his/her doctor in order to obtain a certificate of fitness to play field hockey. The user expressly acknowledges having been informed of this prior to using the services.
All information, advice and/or other results are not intended to constitute or replace medical advice.
ProKeyCoach Ltd does not guarantee any medical or sporting result.
ProKeyCoach Ltd is not responsible for any accidents, injuries or damages of any kind that may result from the practice by users of the exercises presented in the video sessions, the MP3s or the exercises distributed via the Site or the services marketed by ProKeyCoach Ltd.
Compliance with the safety instructions is the sole responsibility of the user concerned.
Always seek the advice of your physician before engaging in any physical activity if you suffer from high or low blood pressure, heart problems, major back problems or serious psychological disorders.
Limitation of liability relating to the abilities of users
ProKeyCoach Ltd will not be held responsible for any accident that may occur to one of its Members during one of the training sessions. Before practicing the recommended exercises, the user agrees to have in his possession a recent medical certificate of no medical contraindication (less than 3 months) allowing him to practice these exercises.
ProKeyCoach Ltd may only be held liable by a Member in the event that certain and definitive proof is established in a court of law of a fault committed by ProKeyCoach Ltd which caused the Member damage.
In such a case, ProKeyCoach Ltd shall be responsible for proving that it has not committed a fault in the performance of its contractual obligations.
ProKeyCoach Ltd shall not be liable for any direct or indirect damage suffered by the User if the Member's conduct caused or contributed to the damage he/she claims to have suffered.
Services exclusively for capable persons
As the services are linked to the purchase of paid services, they are exclusively reserved for persons legally capable of entering into contracts.
4. PROHIBITED BEHAVIORS
The following are strictly prohibited, under penalty of prosecution (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Site's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure (v) any infringement of security, authentication and identification measures such as false declarations and (vi) any acts likely to infringe the rights and financial, commercial and moral interests of the operator of the site or users of the services, such as video piracy.
In the event of a breach of any of the provisions of this paragraph or more generally, of the laws and regulations of any country, ProKeyCoach Ltd reserves the right to suspend the use of the site and services by the user at any time and without notice.
Commitments of the user and obligation of confidentiality
The user undertakes not to communicate to a third party the information obtained within the framework of the use of the site, the services and the products marketed by ProKeyCoach Ltd.
5. TERMS AND CONDITIONS OF REGISTRATION
The user acknowledges that any equipment (computer, software, smartphone, earpods, pucks, cross etc..), connection fees or other are at his sole expense.
The user must have the skills, hardware and software required to use the Internet, or where applicable, Internet services and acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet.
To register, the user must create an account by completing the required fields in the form. Once the registration is validated, the User will have access to the website and to the services offered by ProKeyCoach Ltd with his email address and a password that will allow him to access his personal space called "My Account" at any time.
Some fields are mandatory and must be completed to be entitled to the Services of ProKeyCoach Ltd. The other fields are optional and can be completed at any time by the User by accessing the "My Account" section, which contains all his personal data.
To benefit from access to the site's content, the user must pay for the service(s), product(s) or subscription(s). Any payment procedure will be confirmed by e-mail, to the address given by the user at the time of registration.
6. PRICES AND TERMS OF PAYMENT
Prokeycoach SA informs the User that all prices mentioned on the Website are taxes included.
General terms of payment
The payment of the services will be made by credit card (Carte Bleue, Visa, Mastercard). The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.
Online payments are secured and managed by the company Worldline.
ProKeyCoach Ltd cannot be held responsible in case of fraudulent use of the payment methods used.
In accordance with the regulations in force, the bank details of Members are not kept by ProKeyCoach Ltd.
Rates and payment of the service
The rates of the service are those presented on the Site, taxes included. The rates can be modified. In this case, the modifications are only valid for future payments.
ProKeyCoach Ltd reserves the right to modify its prices at any time without notice. In case of refusal of this modification, the customers will have to ask for the cancellation of the contract for which the modification is refused, by registered letter with acknowledgement of receipt.
Otherwise, the new prices will be considered as irrevocably accepted and will be applied to the next invoicing.
ProKeyCoach Ltd. 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 Ltd. on the Site, as well as the confirmation e-mails exchanged, are proof of all transactions between the user and ProKeyCoach Ltd., as well as their date and content. The data recorded by the payment system constitutes proof of the financial transactions.
Refund and right of withdrawal
The user expressly acknowledges that he/she waives the right of withdrawal once he/she has accessed the services offered on the Site within the above-mentioned period. The right of withdrawal is exercised by email email@example.com
After this period, no refund or postponement can be made, for any reason whatsoever.
7. DELIVERY TIME
The delivery period is the one agreed by the parties in the offer accepted by the customer. It shall be considered to be respected if the goods or documents, whatever the medium, are sent by ProKeyCoach Ltd. within the agreed time
ProKeyCoach Ltd. is not liable to the customer for any damage suffered by it personally and/or by a third party as a result of the delivery time being exceeded, in particular if :
- The necessary documents and/or working materials are provided by the customer outside the agreed time frame.
- The material supplied by the client is not ready for the proper execution of the services to be provided by ProKeyCoach Ltd.
- The material provided by the client is defective.
- The client changes the original order or requests additional work.
- The client delays the performance of the services to be provided by ProKeyCoach Ltd. without any fault on the part of ProKeyCoach Ltd.
- The originally agreed working hours are exceeded, regardless of the extent.
- There is a case of force majeure and/or fortuitous events.
Exceeding the delivery time in the above-mentioned circumstances does not entitle the client to invalidate or terminate the contract with ProKeyCoach Ltd or to claim damages.
8.RESPONSIBILITY OF PROKEYCOACH LTD
ProKeyCoach Ltd strives to make the www.prokeycoach.com website accessible 24 hours a day, 7 days a week.
However, ProKeyCoach Ltd cannot be held responsible for the consequences of technical incidents that may cause an interruption of the Website as well as the possible loss of data.
In addition, for the proper functioning of the Website, ProKeyCoach Ltd reserves the right to interrupt access to carry out maintenance, updates, improvements and/or testing.
ProKeyCoach Ltd will do its utmost to carry out these operations for the shortest possible time and outside of peak usage hours. ProKeyCoach Ltd cannot be held responsible for this.
ProKeyCoach Ltd cannot be held responsible for any direct or indirect damage, of any nature whatsoever, resulting from the use of a service, program, software, imperfection of the latter, including loss of data or operating loss resulting from a loss of data or the impossibility of using a software, even if ProKeyCoach Ltd has been advised of such a possibility Due to the characteristics and limits of the Internet, ProKeyCoach Ltd cannot be held responsible for
- Difficulties in accessing the hosted site due to the saturation of networks at certain
- The contamination by virus of the data and/or software of the hosted customer, whose protection
protection is the responsibility of the latter.
- Malicious intrusions of third parties on the servers, despite reasonable security measures
security measures put in place by ProKeyCoach Ltd.
- The possible misappropriation of passwords, confidential codes and more generally
any sensitive information for the customer.
- The inaccessibility of the hosted services due to technical malfunctions that are not attributable to not attributable to him.
ProKeyCoach Ltd reserves the right, for the purpose of using the site and services, to place cookies on users' computers. Cookies are small information files that a website can send to a personal computer's hard drive to facilitate access to the site. The servers of the site and services provided by ProKeyCoach Ltd use temporary cookies. The user may object to the storage of cookies by configuring his/her browser according to the information provided on the browser site.
The user expressly acknowledges that his opposition to the saving of cookies will not allow him to benefit from all the functionalities of the site and the services.
ProKeyCoach Ltd does not act as an Internet service provider. As such, it cannot guarantee the quality of the Internet connection or the absence of interruptions specific to the network.
The User declares to be informed of the difficulties inherent in the use of the Internet due in particular to the disruption of networks, and very variable speeds that can cause failures or incidents in access to the site and services.
ProKeyCoach Ltd does not warrant that the Site will be free from defects, errors or bugs, nor that these can be corrected, nor that the Site will operate without interruption or failure, nor that it is compatible with any particular hardware or configuration other than that expressly approved by ProKeyCoach Ltd.
ProKeyCoach Ltd is in no way responsible for any malfunctions attributable to third party software whether or not incorporated into or provided with the Site. In no event shall ProKeyCoach Ltd be liable for any foreseeable or unforeseeable damages (including loss of profits or opportunity) arising out of the use of or inability to use the Site.
The user declares that he/she is aware of the characteristics and limits of the Internet, in particular its technical performance, the response times for consulting, querying or transferring data and the risks associated with the security of communications.
For all these situations, ProKeyCoach Ltd cannot be held responsible.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The brands, logos, graphics, photographs, animations, videos and texts contained on the ProKeyCoach Ltd website are the intellectual property of ProKeyCoach Ltd and cannot be reproduced, used or represented without the express authorization of ProKeyCoach Ltd, under penalty of legal proceedings.
The use of these intellectual property elements by the user is strictly reserved for private and personal use within the framework and for the duration of the use of ProKeyCoach Ltd and its services. Any other use by the user is prohibited without the authorization of ProKeyCoach Ltd. The User may not modify, copy, reproduce, download, broadcast, transmit, commercially exploit and/or distribute and/or use in any way the videos, MP3s, training sessions, pages of the ProKeyCoach Ltd website, or the computer codes of the components of the ProKeyCoach Ltd services and website. Any use in violation of these rules being illegal and in violation of this contract, may be subject to legal action.
The general structure of the site, as well as the texts, images animated or not, sounds, know-how and any other element composing the pages of the site are the exclusive property of ProKeyCoach Ltd. Any representation or modification, total or partial, of the said site or of one or more of the elements mentioned in the previous paragraph, by any process whatsoever, without the express written authorization of ProKeyCoach Ltd is prohibited and would constitute a sanctioned counterfeit.
10. RESPECT OF BUSINESS SECRECY
ProKeyCoach Ltd will take all necessary measures to ensure that its personnel treat all confidential information (financial, statistical, personal or otherwise) communicated to ProKeyCoach Ltd by clients for the purposes of this order with the same discretion as ProKeyCoach Ltd would require for its own confidential business. This obligation does not apply to information that is in the public domain, nor to information that is already in the possession of ProKeyCoach Ltd. in ways that do not result from the performance of this work, nor to information that has been brought to the attention of ProKeyCoach Ltd. by third parties in good faith. The same secrecy obligation applies to the clients for any confidential information that they learn from ProKeyCoach Ltd. during the performance or services provided under these terms and conditions.
11. FINAL PROVISIONS
Transfer of rights and obligations
ProKeyCoach Ltd. reserves the right to transfer the rights and obligations arising from a contract to a third party without prior written consent of the other party.
Applicable law and jurisdiction
The contract is subject to Swiss law. Clients can sue ProKeyCoach Ltd. at its registered office.
its registered office. ProKeyCoach Ltd. can take legal action against the clients at their registered office or at their domicile.
CH-1981 Vex, Switzerland.