Terms & Conditions
These Terms do not alter in any way the terms or conditions of any other agreement you may have with PickYourCoach for our Services or otherwise and the same will be read in consonance with these Terms. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to PickYourCoach if such person or entity and/or you violate these Terms.
If you have any question regarding the use of our Services and/or these Terms, please contact us.
1. Eligibility, Registration and Account
You are responsible for making all arrangements necessary for you to have access to our Services, including but not limited to a high speed internet connection and an appropriate electronic device.
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) in case you are registered with us as a coach, you will not offer coaching services from more than one PickYourCoach account without our express permission in writing, (d) you are in compliance with all laws and regulations in the country in which you live when you access and use our Services, and (e) have full power and authority to enter into a binding contract with us and you have voluntarily agreed to these Terms out of your own free will and in so doing, you will not violate any other agreement to which you are a party.
In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete personal information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify PickYourCoach if you discover or otherwise suspect any security breaches related to our Services or your account; (v) in respect of coaches, provide and upload all the relevant and authentic certifications/qualifications in respect of their sport issued by an appropriate authority/organization in the requisite format; and (vi) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
2. Communications Preferences
By creating a PickYourCoach account, you consent to receive electronic communications from PickYourCoach (e.g., via email or by posting notifications or notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, notifications, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
3. Our Services Offer a Coach
Our Services offers tools, resources and a coach to connect those seeking athletic, skill based, strategic training along with mental conditioning with those seeking to provide the requisite coaching services. PickYourCoach: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services; and (e) with relation to any sport, does not provide sporting paraphernalia or equipment, facilities or physical locations to engage in such sport. Regardless of whether PickYourCoach screens users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services. PickYourCoach hereby expressly disclaims, and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.
4. User Transactions; Release
Our Services may be used to help obtain or offer coaching services provided by users and to facilitate payment for such services. However, users transact solely between themselves and PickYourCoach is not a party to any transactions between users. PickYourCoach hereby expressly disclaims, and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties. All prices are fixed by the coaches at their own discretion and all users agree that they have no right to raise any objection, loss, damages, injury or claim in respect of the prices fixed by the coaches or any commission that may be charged by us from the coaches.
We reserve the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any of our Services at anytime in future.
If you offer coaching services, the first and all future bookings with PickYourCoach users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services and other legal action including but not limited to suits for recovery of such amounts and damages.
5. Payment Terms
5.1. Coaching Sessions; Expiration
You may use our Services to schedule and purchase one or more coaching sessions. Any coaching sessions purchased through our Services must be scheduled in terms of the slots available for that particular coach and completed in terms of such booking and in case it cannot be completed on such date and time due to any reason including but not limited to force majeure events or unavailability of that particular coach due to any unforeseen circumstances, then it shall be rescheduled with that particular coach or if that is impossible, with another coach, within one year of the purchase date at an available time slot. Any coaching sessions not scheduled and completed within one year of purchase shall be deemed to be forfeited and you will not be issued a refund. Users do not have any right to claim a refund from us under any circumstances, either wholly or in part.
Any request to reschedule a coaching session by any user must be made atleast Forty Eight (48) Hours in advance and failure to do so will result in the amount being forfeited. In case a coach fails to conduct a session without atleast Forty Eight (48) Hours advance notice to PickYourCoach, then such coach shall be liable to compensate PickYourCoach for any losses, claims, injuries, damages or torts suffered by PickYourCoach (including but not limited to costs and attorneys’ fees) and/or the users and PickYourCoach shall further be liable to retain the entire booking amount towards such session.
Recorded Session entails 20 minutes of video footage sent to the coach for analysis. Videos need to be under 300 MB in size. The coach may respond via analysis, chat or their own video for you to view. In some cases, the recorded session can include only pre-recorded videos that a coach shares with the student.
Live Session entails a live video call with the coach, which will be initiated by the coach at the scheduled time. The live session will be for a maximum of 60 minutes. No recording of the session is permitted.
ALL SESSIONS NEED TO BE BOOKED 48 HOURS IN ADVANCE
5.2. Gifts Certificates/Vouchers
You have the ability to purchase gift certificates/vouchers through our Services that may be redeemed for coaching services. When you purchase a gift certificate/voucher, we will send an email to the recipient that can be used to redeem the gift certificate/voucher. The recipient will be required to create a PickYourCoach account in order to access our Services and redeem the gift certificate/voucher in case the recipient is not registered already. Gift certificates/vouchers are not refundable or redeemable for cash, unless otherwise required by applicable law. Gift certificates/vouchers shall have an expiry date of one year from the date of its purchase and no refund will be given to the purchaser or the recipient under any circumstances. If the recipient’s purchase exceeds the amount of the gift certificate/voucher, the balance must be paid with a credit card or other available payment method.
5.3. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your PickYourCoach account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or rates or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
5.4. Pricing and Availability
All prices are shown in INR and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Users shall be solely responsible to bear all charges, cesses, taxes, surcharges, duties, penalties, etc that may be levied or imposed by governmental or third-party payment processors or other organizations for transactions carried out on or through our platforms or in respect of our Services and PickYourCoach will not incur an expenses or costs in that regard under any circumstances at any point in time. PickYourCoach shall deduct all applicable charges, cesses, taxes, surcharges, duties, penalties, etc at the time of making any payments to users including but not limited to GST, Tax Deducted at Source (TDS), Forex charges, Bank charges, etc and users shall hereby indemnify PickYourCoach against all claims towards such amounts.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice and you hereby expressly release PickYourCoach from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to such cancellation or discontinuation.
6. Copyright and Limited License
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the PickYourCoach logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of PickYourCoach or our licensors or users, as applicable, and are protected by Indian and international copyright laws. No right, title or interest in or to our Services or any content therein is transferred to you and all rights not expressly granted, are reserved by us.
Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, nonsub-licensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by PickYourCoach in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of PickYourCoach, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Failure to abide by this policy may result in suspension from our Services and other legal action including for mandatory injunction and/or recovery of such amounts, losses, injuries and damages that may be suffered by us and/or any third party.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by PickYourCoach or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
If PickYourCoach provides desktop, mobile or other applications for download, you may download a single copy to your electronic device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications.
7. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify PickYourCoach’s Designated Agent as set forth below in writing.
C1, R&F Apartments,
Indiranagar, HAL 2nd Stage,
Bangalore – 560034.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by PickYourCoach or the alleged infringer as a result of PickYourCoach relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“PickYourCoach,” the PickYourCoach logos and any other product or service name or slogan contained on our Services are trademarks of PickYourCoach and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of PickYourCoach or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing “PickYourCoach” or any other name, trademark or product or service name of PickYourCoach without PickYourCoach’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PickYourCoach and may not be copied, imitated or used, in whole or in part, without PickYourCoach’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PickYourCoach.
9. Third-Party Content
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). PickYourCoach does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that PickYourCoach is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by PickYourCoach of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. PickYourCoach is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that PickYourCoach’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
Some of our Services are supported by advertising revenue and may display advertisements and promotions of third parties. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by PickYourCoach on the Services are subject to change without specific notice to you. In consideration for PickYourCoach granting you access to and use of the Services, whether for consideration or not, you agree that PickYourCoach may place such advertising on our Services.
10. User Content and Interactive Areas
Our Services include interactive areas and features (“Interactive Areas”) that allow you or other users to create, post, share or store text, photos, videos and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Interactive Areas.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory, immoral, fraudulent, false, misleading or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
User Content that impersonates or misrepresents your affiliation with any person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in the sole judgment of PickYourCoach, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose PickYourCoach or its users to any harm or liability of any type.
PickYourCoach does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk. PickYourCoach’s decision on any of the above shall be final and binding on all users.
11. Rights to User Content
PickYourCoach claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and PickYourCoach. However, if you submit or post User Content to our Services, unless PickYourCoach indicates otherwise, you grant PickYourCoach a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed for PickYourCoach’s commercial benefit without compensation to you, including in connection with PickYourCoach’s marketing and promotional activities. You further grant PickYourCoach and PickYourCoach’s sub-licensees, the right to use the name that you submit in connection with such User Content, if they choose.
By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
12. Acceptable Use of Our Services
Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, immoral, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate in any manner that you have a relationship with PickYourCoach or that PickYourCoach has endorsed you or any services for any purpose unless PickYourCoach has provided written permission to do so;
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
Access, use or attempt to access or use our proprietary or confidential records or another user's account without authorization from such user and PickYourCoach;
Accuse others of an illegal activity or describe physical confrontations;
Attempt to impersonate another person or entity or tender false personal information in order to avail our Services;
Develop any third-party application that interacts with User Content or our Services without PickYourCoach’s prior written consent;
Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by PickYourCoach to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to our Services;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Harm minors in any way;
Threaten the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or cause incitement to the commission of any offence or prevent investigation of any offence or insult any other nation, gender, caste, creed or community;
Modify, copy, display, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to our Services or content; or
Attempt to do any of the foregoing.
Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or PickYourCoach (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of PickYourCoach. PickYourCoach will own, and you hereby assign to PickYourCoach, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and PickYourCoach will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by PickYourCoach to confirm such assignment to PickYourCoach. It is pertinent to state that each and every Feedback posted on any platform is the personal opinion of the user only and PickYourCoach is a neutral platform, which solely provides a means of communication between users. Feedback shall neither be commercial in nature including but not limited to junk, spam, surveys, contests, pyramid schemes, postings, advertising, ambush marketing, promotional material or any other form of solicitation, nor shall it be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, discriminatory, immoral, fraudulent, false, misleading or otherwise objectionable as per PickYourCoach’s opinion and the same may be removed if it is found to be in violation of these Terms and PickYourCoach shall have the right to immediately block your access and usage of our Services and shall further have the right to take appropriate recourse to such remedies as would be available to us under various statutes.
If you are dissatisfied with a coach or coaching session for any reason, please contact us at firstname.lastname@example.org within two (2) days of the date you completed such dissatisfactory coaching session and PickYourCoach reserves its right to offer any compensation at its sole discretion. PickYourCoach is a neutral platform and we don’t arbitrate disputes between users or third parties. However, in case if a user writes a review that the coach does not consider to be true, the best option for the coach would be to contact the user or post a public response in order to clear up any misunderstandings.
You will defend, indemnify and hold harmless PickYourCoach, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “PickYourCoach Parties”), from and against any claims, losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
We do not control, endorse or take responsibility for any third-party content available on or linked to our Services, including User Content. Qualifications and Certifications uploaded on our platform by coaches are believed to be true, genuine and presumed to be lawfully issued by the authority mentioned therein and we do not carry out any investigation or enquiry into their authenticity.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, PickYourCoach does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While PickYourCoach attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
16. Limitation of Liability
PickYourCoach and its representatives shall not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, even if PickYourCoach or its representatives have been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail in their essential purpose.
The total liability of PickYourCoach and its respresentatives, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of (a) the amount paid, if any, by you to access or use our Services including as commission or subscription fee or (b) INR 10,000/- (Rupees Ten Thousand Only).
17. Assumption of Risk
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
18. Modifications to Our Services
PickYourCoach reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, in our sole discretion and without prior notice. You agree that PickYourCoach will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof at any time or for any period.
19. Dispute Resolution
19.1. Good Faith Negotiations
You and PickYourCoach agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within Thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to PickYourCoach will be sent by certified mail or courier to C1, R&F Apartments, Indiranagar, HAL 2nd Stage, Bangalore - 560034. Your notice must include (a) your name, postal address, mobile telephone number, the email address you currently use or used for your PickYourCoach account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking.
19.2. Binding Arbitration
If you and PickYourCoach cannot agree how to resolve the Dispute within Thirty (30) days after the date on which the notice is received by the other party in terms of Clause 19.1 herein, then either you or PickYourCoach may, as appropriate and in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time, refer the Dispute for resolution by way of Arbitration through a sole Arbitrator appointed by mutual consent of the parties. The Award of the sole Arbitrator shall be final and binding on both parties.
The Arbitration proceedings shall be conducted in Bangalore, Karnataka, India and in the English Language.
You and PickYourCoach agree that any Dispute arising out of or related to these Terms, our Services or the products and services available on our Services is personal to you and PickYourCoach and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and PickYourCoach agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and PickYourCoach agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
19.3 Governing Laws
These Terms and your use of our Services will be governed by and construed in accordance with the laws of Karnataka in India. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India over any appeals and the enforcement of an Arbitration Award.
Any provision of these Terms which is prohibited, unenforceable or is declared or found to be illegal, unenforceable or void in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction. If any such invalidity substantially affects or alters the commercial basis of these Terms, the parties shall negotiate in good faith to amend and modify the provisions and terms as may be necessary or desirable in the circumstances to achieve, as closely as possible, the same economic or commercial effect as the original provisions and terms.
PickYourCoach reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent your future access to and use of our Services.
22. Changes to These Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services immediately. Amendment of these Terms shall not be a valid ground to users for claiming any refunds from PickYourCoach or its representatives.
These Terms constitute the entire agreement between you and PickYourCoach relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services except in so far as any separate agreement may be entered into between the parties in writing which shall be read in consonance with these Terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of PickYourCoach. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and PickYourCoach’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Questions & Contact Information
Questions or comments about our Services may be directed to email@example.com.