KoachMe owns and operate this app. This document governs your relationship with Access to and use of this App and the products and services available through this App are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse this app. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this App. Breaching this provision would constitute a criminal offense and KoachMe will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this app or to your downloading of any material posted on it, or on any app linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of KoachMe or its licensors and are protected by copyright laws. All such rights are reserved by KoachMe and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this app nor may you use any such content in connection with any business or commercial enterprise.
Safety and Responsibility:
(a) KoachMe deems safety as a top priority for all its users and staff, anything that compromises the safety of all people associated with KoachMe is dealt with immediate termination of the plan without any refunds.
(b) KoachMe shall not be responsible for any personal injury, loss of life or damage that may arise during the usage of services.
(c) either initiated or participated act of violence in any nature, by the coachee(s) during the session, will result in termination of the plan, without any refund (after one warning).
Terms of booking
By booking a course or workshop you are offering to purchase it according to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Coaches times may vary according to availability and subject to any delays resulting force majeure/ unforeseen circumstances/ reasonable delay for which KoachMe will not be responsible.
In order to contract with KoachMe you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to. It retains the right to refuse any request made by you. If your order is accepted, we will inform you by email/Message and we will confirm the identity of the party which you have contracted with. This will usually be a Coach of KoachMe. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user and have are sufficient funds to cover the cost of the services. The cost of services may fluctuate. All prices advertised are subject to such changes. KoachMe reserves the right to incorporate changes including but not limited to its facility operation day, hours, plan types, coaching type etc time to time based on customer and partner feedback.
(a) Our Contract
When you book a course or workshop, you will receive an acknowledgement e-mail/app notification/ message confirming receipt of your booking request: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail/app notification/message that the session booking requested by you is confirmed according to your specific preference (any change in the time, date, coach selected will be informed prior to confirmation). Only those specific sessions listed in the confirmation e-mail sent will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this App are accurate, errors may occur. If we discover an error in the price of any service which you have requested/booked we will inform you of this as soon as possible and give you the option of reconfirming your booking request at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
After the user buys a plan out of the various plan options listed by KoachMe, all sessions offered to the user according to the plan bought are paid for. There is no requirement for the user to pay after the session.
(d) Slot duration
Limit: The user can book a slot minimum 2 hrs in advance of the preferred time of the session.
Duration: Duration of each session will specified in the class. Typically, the session is for a period of an hour, out of which 50 minutes will be for the training/ coaching and 10 minutes will be allotted to changeover/setup etc. The coachee has to be on time, if there is any delay by the coachee there will be no extension to the time slot that is already booked. Furthermore, there would be no extra time that will be provided for a session.
(e) Course or Workshop Cancellation by User
The users can cancel an already booked Course or Workshop atleast before 48 hrs of the starting time of the first session in the course. Any session that is not cancelled and not attended then it would be treated as a No-show session. Booking not cancelled within the prescribed time i.e., prior to 48hrs of the session starting time will also be treated as a No-show session. Under no circumstances KoachMe will be liable to compensate/refund for No-show session.
(f) Session Cancellation by KoachMe
KoachMe strives to provide continuous and punctual services to its users, but due to certain circumstances a session can be cancelled. A slot might also be closed owing to reasons including but not limited to venue maintenance, repairs, unfavourable venue conditions/ playing environment, power cuts, adverse weather conditions, etc. KoachMe will inform its users through the App and email regarding any such cancellation.
Conduct of a Coachee:
1. The coachee accepts that he/she is under the supervision of the coach during the session.
2. In case of unsatisfactory behaviour of the coachee, interrupting the session, the coach has the right to remove the coachee for that particular session, no refund or rescheduling of a missed session due to the above stated reason would be done.
3. Children under the age of 8 shall be accompanied by an adult.
4. Running, shouting, interfering with other players, fighting, throwing items, are considered disorderly behavior, the coachee/ guardian involved will be asked to vacate the premises instantly.
5. All users must adhere to the rules of a venue/facility and follow instructions given by the KoachMe’s coaches.
6. All Coachees must wear appropriate clothing for the selected sport, Jewellery including bracelets, chains etc must not be worn during the session, KoachMe or its coach are not responsible any loss of jewellery.
7. In case of any emergency, all coachees are required to vacate the premises as soon as possible, in the Safest manner possible.
8. Should it be necessary to evacuate the building - no attempt should be made to recover possessions from the changing rooms or anywhere else within the building.
Disclaimer of Liability:
Unless expressly stated to the contrary to the fullest extent permitted by law, KoachMe hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to , performance or failures of this app or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, or otherwise.
This does not affect KoachMe liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. But any such act caused by a coach outside the scope of employment, who is contracted as an independent service provider, then the liability to such actions shall fall on the coach who has caused such act.
You agree to indemnify, defend and hold harmless KoachMe, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this App or your breach of the Terms of Service.
Severability and Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a w ay that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
KoachMe shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services of this App; also, it shall have the absolute discretion to amend the terms and conditions.
A failure of KoachMe to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.