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Analytics Sports Private Limited, Coach Buddy Division ("Coach Buddy"), primarily operates, controls and manages the Services (as defined below) provided by it from its office at A2-71, gagan apartments, gokuldham, goregaon east, mumbai (“Mumbai Corporate Office”).
4. Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
5. You need not register with Coach Buddy to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Coach Buddy in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You are solely responsible for safeguarding your Coach Buddy password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Coach Buddy immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Coach Buddy’s permission.
6. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby expressly acknowledge and agree that you yourself and not Coach Buddy will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Coach Buddy or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
7. You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You will not copy or distribute any part of the Website in any medium without Coach Buddy's prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Coach Buddy's prior written approval.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the Coach Buddy servers, or any server of a Coach Buddy subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Coach Buddy reserves the right to revoke these exceptions either generally or in specific cases. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Coach Buddy without express written permission from Coach Buddy.
You shall not take any action that (i) unreasonably encumbers or, in Coach Buddy's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Coach Buddy's measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
You hereby agree to comply with the Additional Policies and your obligations thereunder at all times.
You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Coach Buddy, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website or an external website.
Discriminatory Postings: Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Coach Buddy will not knowingly accept any Posting which is in violation of the law. Coach Buddy has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
FEEDBACK: As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, Coach Buddy, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page. 2. Reporting Inappropriate Use of Feedback. You may contact Coach Buddy regarding any inappropriate use of Feedback via-email at support@CoachBuddy.in.
Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Website concerning Feedback, Coach Buddy shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, COACH BUDDY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Coach Buddy reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Coach Buddy determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services.
Coach Buddy reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Coach Buddy deems appropriate in Coach Buddy's sole discretion. Coach Buddy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Coach Buddy's discretion, Coach Buddy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Coach Buddy does not and cannot review every Posting posted to the Website. These prohibitions do not require Coach Buddy to monitor, police or remove any Postings or other information submitted by you or any other user.
Rules for Service Professionals:
4. PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S): The Service Professional will procure the Products from Coach Buddy only for rendering the Services facilitated through the Coach Buddy’s Platform. Any Product purchased by the Service Professional from Coach Buddy shall only be used for the sole purpose of rendering services booked through Coach Buddy Platform. Products sold by Coach Buddy to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS:
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Coach Buddy, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS: (a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Coach Buddy in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS If a Service User violates any of the above-referenced rules in connection with his or her Posting, Coach Buddy, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Coach Buddy does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that Coach Buddy shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Coach Buddy. Coach Buddy may also disclose user information including personal information if Coach Buddy reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Coach Buddy’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
YOUR REPRESENTATIONS AND WARRANTIES
YOUR OWNERSHIP RIGHTS AND LICENSE TO COACH BUDDY
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Coach Buddy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Coach Buddy with respect thereto, and agree to indemnify and hold Coach Buddy, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Coach Buddy may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
SUGGESTIONS: If you send or transmit any communications, comments, questions, suggestions, or related materials to Coach Buddy, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Coach Buddy is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Coach Buddy is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Modifications to or Termination of Website
The terms and conditions as mentioned above shall survive expiration or termination of the Website or your Account. You agree to indemnify and hold Coach Buddy, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Coach Buddy. Other trademarks, names and logos on this Website are the property of their respective owners. Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Coach Buddy reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein. The Website contains Coach Buddy's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Coach Buddy owns and retains all rights in the Coach Buddy Data and Marks.
FEES INCURRED BY SERVICE PROFESSIONALS:
Joining Coach Buddy, opening an Account, posting Services and viewing posted Services is free. Coach Buddy reserves the right at its sole discretion to charge fees to Service Professionals for other services that Coach Buddy may provide in the future. The Service Professionals shall be required to maintain a deposit in their accounts depending on the usage of the platform by the Service Professional. The Deposit amount shall be required to be maintained by the Service Professional to continue enjoying the ability to obtain requests from the Service Users. A part of the Deposits shall be reserved by Coach Buddy on receipt of the service request, which shall be subsequently refunded to the Service Professional, on completion of job.
The Service Professional may also pay for the future procurement of products through such Deposits. The penal charges and the subscription fee, payable by the Service Professional shall be recovered from the Deposits amount. Further, the amount of unutilized Deposits shall be refunded to the Service Professional on deregistration from Coach Buddy platform. Coach Buddy may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. Coach Buddy offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. Coach Buddy reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, Coach Buddy shall prepare such invoice.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Coach Buddy shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
REFUND POLICY: All commissions payable to Coach Buddy by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Service Professionals in form of “Credits or Deposits” are non-interest bearing. Unutilised and unclaimed "Credits or Deposits " for a period of more than 364 days from the date of purchase of "Credits" shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.
NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE: As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Coach Buddy provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Coach Buddy makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Coach Buddy be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
COACH BUDDY IS NOT A PARTY TO ANY SERVICE CONTRACT:
Each Registered User hereby acknowledges and agrees that Coach Buddy is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Coach Buddy only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Coach Buddy itself has not role in the execution or provision of Services.
NO AGENCY OR PARTNERSHIP: