HaporiCoach agrees to provide you with:
(a) A personal, non-transferable and non-exclusive account enabling you to access and use the Service
(b) A limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use Hapori Coach in real time and to use the tools available within Hapori Coach, in a manner consistent with paragraphs 4 (Online Communications) and 9 (Copyright) below.
(c) To provide you with a limited, personal, non-transferable SAAS license to enable access and use of Hapori Coach’s software and platform.
Storage Allowance and Use
A limited amount of storage is offered by Hapori Coach for users to add content onto their Hapori Coach Hub. Hapori offers two price plans starter and advance plans.
Starter (level 1) allows the user to use 50 GB(Gigabytes) of storage.
Advanced states unlimited but Hapori Coach withholds the right to close the account if the user abuses the offer. Anything over 250 GB (Gigabytes) will be assessed by the Hapori Team and investigated to ensure correct and proper usage of the account. Under these terms we can terminate your contract if we feel the need to do so and protect our business.
User’s Agreement Restrictions
You agree to:
(a) Maintain the security of your user identification, password and other confidential information relating to your Hapori Coach account.
(b) Be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the platform;
(c) Be responsible for all charges resulting from use of your Hapori Coach account
(d) Comply with the terms and conditions set forth herein
(e) comply with all applicable UK and international laws, rules, regulations, contracts and applicable licenses regarding your use of the Services or Hapori Coach
(f) You may not, directly, or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on the Material
(g) copy the Software or material or engage in any other acts inconsistent with the principles of copyright protection without obtaining the express written permission of Hapori Coach and the copyright owner
(h) Adhere to the storage plans and not abuse any offers and storage use
User Representations
You represent and warrant to Hapori Coach that:
(i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement.
(ii) all information provided by you to Hapori Coach is truthful, accurate and complete.
(iii) you are the authorized signatory of the credit or charge card provided to Hapori Coach to pay the Fees.
(iv) you shall comply with all terms and conditions of this Agreement
(v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address, and telephone number.
(vi) You agree to be financially responsible for your use of Hapori Coach (as well as for use of your account by others, including minors living with you)
(vii) and to comply with your responsibilities and obligations as stated in this Agreement.
Accessibility
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which Hapori Coach may undertake from time to time; or
(iii) causes beyond the control of Hapori Coach or which are not reasonably forseeable by Hapori Coach
Equipment
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
Fees
HaporiCoach charges a subscription fee (“Fees”) for the use of the Service. Hapori Coach expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a HaporiCoach account, you agree to pay HaporiCoach the Fees for the Service applicable to the account level chosen.
The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service.
All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Hapori Coach all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Services or resulting from this Agreement, whether imposed now or hereinafter by any governmental entity. You agree to promptly pay Hapori Coach in the event of any refusal of your credit card issuer to pay any amount to Hapori Coach for any reason. On any outstanding balance, you agree to pay the costs of collection, including legal fees and costs. In the event you fail to pay any amount when due, Hapori Coach may immediately suspend or terminate this agreement and your access to the Service.
Disclaimer
Content
The information presented or contained in Hapori Coach or provided through the Service (collectively, the “Content”) is presented for the purpose of assisting with your business processes and is not a tool that is responsible for your business or its failure or success.
Nothing contained in Hapori Coach or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. The Hapori Coach platform is not responsible for the welfare of the customers clients (engaging in physical activity) that use the platform. Hapori Coach is for informational use only and we provide structure and software to support your business.
Hapori Coach is not a substitution for the services of a physician, a health provider, or any trained health professional, an accountant, marketer, or anything else.
Adults should not commence any short or long-termed fitness/diet program without seeking competent medical advice.
Infants, toddlers, and teenagers should only participate in a Fitness or diet program under competent medical supervision.
You acknowledge that Hapori Coach is not engaged in the practice of medicine and that all decisions made will be the exclusive responsibility of you the customer. Hapori Coach expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your reliance on Hapori Coach, the content of or any information provided therefrom by Hapori Coach.
Fitness Disclaimer
Hapori Coach recommends that everyone consult a physician before beginning any exercise program or diet. Hapori Coach is not a licensed medical care provider. You should understand that you or any of your customers participating on the Hapori Coach platform do so at their own risk. Participating in any exercise program or diet can result in physical injury, and you agree to do so at your own risk and to ensure you also are responsible for your clients and their welfare at all times as a fitness Professional. The findings and opinions of authors and personal trainers expressed herein are those of the author and do not necessarily state or reflect those of Hapori Coach.
Disclaimer of Warranties
Hapori Coach and information providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
Hapori Coach and information providers do not warrant or guarantee that the functions or service accessed through Hapori Coach will be uninterrupted or error-free or that defects in
Hapori Coach will be corrected. Users of Hapori Coach are responsible for:
(1) implementing and maintaining adequate procedures and checkpoints to satisfy their requirements for accuracy of data input and output
(2) maintaining a means external to Hapori Coach for the reconstruction of any lost data.
(3) This disclaimer of warranty constitutes an essential part of this agreement.
Disclaimer of Third-Party Information
Statements made in websites, newsgroups, message boards, email, forums, conferences, and chats reflect only the views of their authors. Hapori Coach spokespersons, and their views do not necessarily reflect those of Hapori Coach
Online Communications
1. Your participation in online communications is your responsibility and is not edited, censored, or otherwise controlled by Hapori Coach. Hapori Coach cannot and does not screen content provided by you to your clients or through the Service. Notwithstanding the foregoing, Hapori Coach reserves the right to monitor content on Hapori Coach and to remove content, which Hapori Coach at its sole discretion determines to be harmful, offensive, or otherwise in violation of this Agreement.
2. You may send and receive messages, electronic mail (“email”), engage chats, download, and upload files to Hapori Coaches Hub as permitted by this Agreement, Hapori Coach operating policies and applicable standards. Files that you upload, public messages that you send and your activity are your responsibility and under your ownership, Hapori Coach is purely a platform to communicate with your customers and has no responsibility regards to the messages, content and communications you share or receive.
Hapori Coach operating policies relating to online conduct, storage and deletion of email and uploaded files can be implemented if we feel your content is inappropriate. Hapori Coach reserves the right in its sole discretion to change such policies at any time to best protect anybody on the platform.
3. You are responsible for your communications and your use of Hapori Coach. You may not, under any circumstances, do any of the following:
(a) post or transmit any message which is libellous or defamatory.
(b) post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
(d) use Hapori Coach to threaten, harass, stalk, abuse, or otherwise violate the legal right (including rights of privacy and publicity) of others.
(e) intercept or attempt to intercept email or other private communications not intended for you(f) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by Hapori Coach;
(g) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;
(h) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
(i) upload files that contain a virus or corrupted data;
(j) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to Hapori Coach.
(k) falsify the source or origin of software or other material contained in a file that you upload to Hapori Coach;
(l) use Hapori Coach in a manner that adversely affects the availability of its resources to other Users.
(m) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to Hapori Coach the User directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by Hapori Coach;
(n) falsely purport to be an employee or agent of Hapori Coach
(o) cause repeated disruptive incidents.
(p) act, or fail to act, in your use of Hapori Coach in a manner that is contrary to applicable law or regulation; or
(q) engage in any other activity deemed by Hapori Coach to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which are harmful, threatening, abusive or hateful.
It is not the intent of Hapori Coach to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Hapori Coach, nonetheless, Hapori Coach reserves the right to take such action as it deems appropriate in cases where Hapori Coach is used to disseminate statements which are deeply and widely offensive and/or harmful.
Each time you upload a file on Hapori Coach you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
Operation
Hapori Coach reserves complete and sole discretion with respect to the operation of Hapori Coach, Hapori Coach may, among other things:
(a) delete email or private messages if it has not been accessed by a user within the correct protocol and service of Hapori Coach policy.
Review of Postings and Uploads
Hapori Coach does not and cannot review all communications and materials posted or uploaded to Hapori Coach and is not responsible for the content of these communications and materials.
However, Hapori Coach reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be
(a) abusive, libellous, defamatory or obscene,
(b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright ortrademark, other intellectual property right of another or
(d) offensive orotherwise unacceptable to HaporiCoach.
Copyright
The entire contents of Hapori Coach are copyrighted as a collective work under the laws of the UK. Hapori Coach holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of Hapori Coach solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Hapori Coach. You may not use the Hapori Coach logo or any other proprietary graphic or trademark without Hapori Coach ‘s express written permission.
Indemnification
You agree to indemnify, defend and hold harmless Hapori Coach its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitors fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Hapori Coach using your service account.
Waiver, Release and Limitation of Liability
You agree that neither Hapori Coach, nor its directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Hapori Coach, the service, or the content.
You hereby release and forever waive any and all claims you may have against Hapori Coach, its directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Hapori Coach, its directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of Hapori Coach and its service.
Risk Acceptance
Your use of the Service is solely at your own risk. You expressly acknowledge and agree that Hapori Coach shall not be responsible for any damage, loss, or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any instruction, information, product, or ideas provided, suggested or referenced on Hapori Coach, the Service, or the Content. No advice or information, whether oral or written, obtained by you from Hapori Coach or through the Service shall create any warranty not expressly made herein.
Third Party Rights
The provisions of paragraphs (Indemnification) and (Waiver, Release and Limitation of Liability) are for the benefit of Hapori Coach and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term Termination
Membership to Hapori Coach is available on a month-to-month or annual basis, with automatic renewal.
Either you or Hapori Coach may terminate your right to use Hapori Coach at any time, with or without cause, upon notice. Hapori Coach also reserves the right to terminate or suspend your Hapori Coach membership without prior notice, but Hapori Coach will confirm such termination or suspension by subsequent notice.
The provisions of paragraphs (User’s Agreement), (User Representations), (Copyright), ,(Indemnification), (Waiver, Release and Limitation of Liability),(Third Party Rights),(Cancellation),(Miscellaneous), and (Notice) shall survive any termination of this Agreement.
Cancellation
You are responsible for all associated renewal fees relating to your Hapori Coach account until you elect to
cancel your subscription to Hapori Coach through your Hapori Coach account.
Please note: Notwithstanding anything to the contrary herein (including the provisions of Section 20 below), in the event you wish to cancel your subscription,
(a) You must initiate the cancellation process through your Hapori Coach account
(b) You must complete such cancellation in accordance with the instructions provided herein.
Cancellations are not retroactive therefore if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member’s next membership billing cycle. A membership month begins on the calendar date when a member subscribes to Hapori Coach and concludes on the day before that calendar date the following month.
Refunds
Refunds are available to any pre-paid member who is unsatisfied with their membership to Hapori Coach. The refunded amount will be equal to the difference between the initial payment and the remaining balance on the account.
Copyright or Intellectual Property Infringement Notification
Hapori Coach respects the intellectual property rights of others. You can notify Hapori Coach of possible copyright infringement, and Hapori Coach will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please send the details to [email protected].
Privacy and Data Security for Users
European Data
European User agree to Exhibit 1 to these terms of use, below. Coaches agree to implement additional data privacy and security requirements as may be reasonably required by applicable law.
Notice
Hapori Coach may deliver notice to you under this Agreement by means of electronic mail, a general notice on Hapori Coach, or by written communication delivered by mail to your address on record in Hapori Coach ‘s account information. You may give notice to Hapori Coach at any time via electronic mail to Hapori Coach by emailing us at [email protected]
Hapori Coach EU Joint Controller Agreement (GDPR)
This Joint EU Joint Controller Agreement (“JCA”) applies to Users using the Hapori Coach Services that have Personal Data to which the GDPR applies. Hapori Coach and Users intend to function as joint controllers in relation to the Personal Data described in Section 2 below. Hapori Coach and a user desire to clearly set forth their respective roles, relationships, and responsibilities for complying with the Data Protection Laws as they apply to Personal Data.
The parties agree as follows:
1. Definitions. The following terms shall have the meanings set out below:
1.1 “Data Subject”, “Processing”, “Processor”, “Sub processors”, “Supervisory Authority”, “Personal Data Breach”, “Joint Controller” and “Special Categories of Personal Data” shall have the same meaning as in the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”).
1.2 “Data Protection Laws” shall mean the GDPR and any data protection laws amending, replacing, implementing, or superseding the GDPR including (a) those following any exit by the United Kingdom, or any other Member State, from the European Union, or (b) the data protection laws of any other member of the European Economic Area thatis not a member of the European Union.
1.3 “Personal Data” means information relating to a Data Subject that is processed by Hapori Coach or Coach when acting as a Joint Controller as described in Section 2.
1.4 “Party” means Hapori Coach or Coach.
1.5 “Parties” means both Hapori Coach and Coach.
1.6 “Restricted Transfer” means the transfer of Personal Data that is located in the EEA from a Party to a Party that is not in the European Economic Area (“EEA”), where such transfer would be prohibited by Data Protection Laws in the absence of an adequate transfer mechanism approved by the European Commission.
1.7 “Standard Contractual Clauses” refers to a contract, or contract terms, approved by the European Commission for the transfer of information from a controller in the EEA to a controller that is not located in the EEA.
2. Data Subject to Joint Control. The Parties acknowledge and agree that they have jointly determined the purpose and/or the means for the processing, of the following information:
2.1 Description of Personal Data that is subject to joint control: Any personal data supplied by data subjects to Hapori Coach or the Coach and processed by Hapori Coach in connection with the Services.
2.2 Description of the purpose of processing: The purpose of processing is as set out and allowed by the Services.
3. Data Protection Compliance Obligations.
3.1 Allocation of Compliance Obligations. The Parties agree to allocate compliance obligations for the Data Protection Laws as described in the following table. If a single controller is listed as responsible for a compliance obligation, that controller shall be solely and exclusively responsible and liable for the compliance of both controllers for the obligation noted. If multiple controllers are listed as responsible for a compliance obligation, or if no controller is listed as responsible for a compliance obligation, each controller shall be responsible and liable for their own compliance obligations, and shall not be responsible or liable for the compliance of the other controller.
3.2 Recovery of Costs for Compliance. The parties agree that between themselves the costs and expenses incurred by a Controller in the fulfilment of the compliance obligations identified within Section 2.1 will be allocated as follows: Option 3: Controller A shall have a right to reimbursement for its reasonable expenses incurred toward compliance.
3.3 Data Subject Requests. The Controller responsible for Data Subject Access Requests, Data Subject Rectification Requests, or Data Subject Erasure Requests, as set forth in Section 3.1 above, may request that the non-responsible Controller take certain actions with Personal Data under its control in order to comply with these requests. The non-responsible Controller shall either 1) promptly take such actions and certify their completion in writing to the responsible Controller, or 2) provide the other controller with a written explanation to the data subject of why such action is not required by the Data Protection Laws and become exclusively liable for its refusal to comply.
3.4 Reasonable Cooperation of Non-Responsible Controller. A Party that is not responsible for a compliance obligation, or a Party that is jointly responsible for a compliance obligation, shall reasonably cooperate with the Responsible Controller as necessary to fulfil the Responsible Controller’s obligations.
4. Mutual Obligations for Compliance. In addition to the obligations identified in Section 2.1 each Party agrees, represents, and warrants, to the following:
4.1 Data Minimization. The Parties shall keep Personal Data under their control in a form that permits identification of Data Subjects for no longer than is necessary for the purpose for which the data was Processed.
4.2 Access to Compliance Documents. Each Party shall make records relating to compliance available to the other Party, or any third party with a right to view such records, upon request.
4.3 Confidentiality. Each Party shall take reasonable steps to ensure the reliability and confidentiality of any employee, agent or contractor who may have access to the Personal Data, ensuring that access is strictly limited to those individuals who need to access the relevant Personal Data, as strictly necessary for the purposes of the Agreement, and to comply with applicable law.
4.4 Security. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Parties shall each, individually, implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, as appropriate, the measures referred to in Article 32 of the GDPR. In assessing the appropriate level of security, each Party shall take into account the risks that are presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, damage, unauthorized disclosure of, or access to Personal Data transmitted or stored.
4.5 International Data Transfer. If the parties engage in Restricted Transfers, the following adequacy measures shall be used: If the parties rely upon the Standard Contractual Clauses, the terms of those clauses shall take precedence over those in this Agreement. In the event that a Standard Contractual Clause ceases to be recognized as a legitimate basis for the transfer of Personal Data to an entity located outside the EEA, the Parties shall cooperate to identify and implement an alternative adequacy measure recognized under the Data Protection Laws.
5. Onward Transfers.
5.1 Onward Transfers. The parties may transfer Personal Data to third parties as follows:
5.2 Onward Transfers To Processors. If a Party is permitted under this Agreement to disclose Personal Data to a third party Processor, it will comply with all obligations imposed by the Data Protection Laws, including, but not limited to, those obligations imposed by Article 28 of the GDPR. Upon request, a Party engaging a Processor shall provide the other Party:
5.2.1 Details of the Processing to be undertaken by each Processor.
5.2.2 Evidence that the terms in the contract with each Processor comply with GDPR Article 28.
5.2.3 Insofar as a processor contract involves a Restricted Transfer, information concerning the adequacy measure in place as described by the Data Protection Laws.
5.2.4 A representation that the Party remains fully and exclusively liable for any failure by the Processor to fulfil its obligations in relation to the Processing of any Personal Data.
6. Lead Supervisory Authority. The parties agree that the main establishment involved in the processing will be located within the following country and that the supervisory authority within that jurisdiction will, in most, if not all, cases be the lead supervisory authority in relation to the processing described in Section 2: The Member State in which the main establishment is based differs based upon the context of the processing.
7. Termination. Upon Termination or Expiration of this Agreement each Party will become a separate Controller of any Personal Data that had been processed under this Agreement and that remains in that Party’s possession and may no longer rely upon the allocation of compliance obligations in Section 2.1.
8. Audit Rights. Each Party shall be entitled to verify, either personally or by means of an independent third party bound by sufficient confidentiality obligations that the other Party is acting in compliance with this Agreement and the Data Protection Laws (an “Audit”). As part of an Audit, the audited Party shall provide the other Party with all information reasonably required to carry out such Audit. Audits may occur no more than once per calendar year and shall be conducted at audited Party’s place of business at a time reasonably acceptable to the Audited Party. The auditing Party must notify the Audited party of its intent to Audit at least fifteen business days prior to conducting the Audit. The Auditing Party shall use best efforts to minimize the use of the audited Party’s personnel time and disruption to the audited Party’s business.
9. Indemnification. The Parties will indemnify each other and hold each other harmless from any cost, charge, damages, expense or loss which they cause each other as a result of their breach of any of the provisions of these clauses. Indemnification hereunder is contingent upon (a) the Party to be indemnified (the “Indemnified Party”) promptly notifying the other Party (the “Indemnifying Party”) of a claim, (b) the Indemnifying Party having sole control of the defence and settlement of any such claim, and (c) the Indemnified Party providing reasonable cooperation and assistance to the Indemnifying Party(ies) in defence of such claim. As between the Parties, each Party shall be fully liable for a Personal Data Breach of Personal Data that is in its possession and control, and shall indemnify and defend the other Party for damages resulting from the same. The Parties shall co-operate in the investigation, mitigation, and remediation of any Personal Data Breach, including supplying all necessary information in accordance with the notification timelines established by the Data Protection Laws. Each party shall implement organizational measures designed to facilitate data breach response in accordance with the timeliness, risk assessment, and other requirements of the Data Protection Laws.
10. Limitation of Liability. Except for indemnification obligations described in Section 9, FOR ALL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS ADDENDUM (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. The Parties agree that this limitation of liability is an essential part of this Agreement, and that the Parties would not have entered into this Agreement without it.
11. General Terms. Should any provision of this Agreement be invalid or unenforceable, then the remainder of this Agreement shall remain valid and in force. The invalid or unenforceable provision shall be either: (a) amended as necessary to ensure its validity and enforceability, while preserving the intent of the provision as closely as possible or, if this is not possible, (b) construed in a manner as if the invalid or unenforceable part had never been contained therein. To the extent that the terms of this Agreement conflict with the terms of any other agreement entered between the parties that relates to the processing of the Personal Data, the terms within this Agreement shall supersede and replace the conflicting term. Nothing within this Agreement shall apply to Personal Data that is not subject to the Data Protection Laws. References to the GDPR are not intended to limit the scope of the compliance obligation to the extent that similar obligations are required under other Data Protection Laws.
Notice
If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
If you are not satisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority. Last Revised: 25/09/2020
Branding your Hapori Coach Platform T&Cs
Personalizing your product Many of our customers choose to Brand their Hapori Coach Platform as to represent their own business. We can do this for you at a one-off charge or as part of the Platinum package.
What we need from you to progress your branding To brand the Product we need the following.
✓ A domain address chosen by you – Such as “XXXFitness.hapori.com”
✓ Your logo in vector format if possible* or at least send what you have
✓ Colors you would like (assume same as your logo/brand but be specific)
*(note we cannot guarantee the sharpness of the image if sent as a non-vector asset, we can build via JPEG etc but images are often not as sharp)
Email us at [email protected] with the above information:
Note: No work can commence on your build until we receive payment and the above information.
Refund Policy for Personal Branding
Hapori Coach is designed to help your clients create incredible mind, body, and life changes, that last a lifetime.
Now is the time to level up your PT business. The Ultimate All-In-One Platform for running a successful Fitness Business is here.
