1 Overview

1.1 SCI Smart Coach Ltd (“SCI Smart Coach”, “Smart Coach”, “we,” or “us”) offers an online exercise programme and nutrition programme platform through its website located at theSmart Coach.co. By registering as a member or by using the SCI Smart Coach Service in any way, you accept these Terms of Service (“Terms and Conditions”, “Agreement”), which forms a binding agreement between you and SCI Smart Coach Ltd. If you do not wish to be bound by this Agreement, do not use the SCI Smart Coach Service.

2 Who May Use the SCI Smart Coach Service

2.1 AGE REQUIREMENT: You must be at least 16 years old to use the SCI Smart Coach Service by yourself. If you are at least 16, but are still a legal minor (this depends on where you live), you must have your parent’s or legal guardian’s permission to use the SCI Smart Coach Service. Please have him or her read this Agreement with you.

2.2 NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the SCI Smart Coach Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the SCI Smart Coach Service. If your child is using the SCI Smart Coach Service and is either under 16 or does not have your permission, please contact us immediately so that we can disable his or her access.

2.3 MEDICAL REQUIREMENTS: No new exercise routine or diet modifications should be undertaken without first consulting a doctor. You must be in good physical health and condition and know of no reason, medical or otherwise, why you are not capable of engaging in active or passive exercise or following a nutrition plan, or why such exercise or nutrition plans would be detrimental to your safety, comfort or physical condition. Before using the SCI Smart Coach Service, we recommend you consult with your doctor. The SCI Smart Coach Service provides ingredient lists on all recipes; it is your responsibility to ensure that all the foods you consume are compatible with any allergies or health requirements you may have.

3 License to Use the SCI Smart Coach Service

3.1 LICENSE: The SCI Smart Coach Service and any content viewed through the service are for your personal and non-commercial use only. During your SCI Smart Coach membership period we grant you a limited, non-exclusive, non-transferable license to access the SCI Smart Coach Service. This includes the right to view content available on the SCI Smart Coach Service for the duration of your purchased programme. This license is personal to you and may not be assigned, transferred or sublicensed to anyone else.

3.2 COMMERCIAL USE: You may not use the SCI Smart Coach Service for commercial purposes.

3.3 RESTRICTIONS: You agree not to archive, download, reproduce, distribute or redistribute, modify, display, perform, publish, license, create derivative works from, offer for sale, sell or use (except as explicitly authorised in these Terms of Use) content and information contained in or obtained from or through the SCI Smart Coach Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SCI Smart Coach Service; use any robot, spider, scraper or other automated means to access the SCI Smart Coach Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SCI Smart Coach Service; insert any code or product or manipulate the content of the SCI Smart Coach Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SCI Smart Coach Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service. All rights not expressly granted by SCI Smart Coach are reserved.

4 User Information

4.1 We may collect personal information that can identify you, such as your name and email address, and other information that does not identify you. When you provide personal information through our website, we may use this information to:

4.1.1 correctly deliver the products and services that you have requested;
4.1.2 manage your account and provide you with customer support;
4.1.3 perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
4.1.4 communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or partner businesses;
4.1.5 develop and display content and advertising tailored to your interests on our site and other sites;
4.1.6 enforce our terms and conditions;
4.1.7 manage our business; and
4.1.8 perform functions as otherwise described to you at the time of collection.
4.2 FINANCIAL INFORMATION: We may use financial information or payment method information to process payment for any purchases, subscriptions or sales made on our website, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

4.3 THIRD-PARTY WEBSITES: There may be places on our website or through our services where you may click on a link to access other websites that do not operate under these Terms and Conditions. For example, if you click on an advertisement or a search result on our website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.

4.4 ACCESSING YOUR INFORMATION: If you have an online account with us, you have the ability to review and update your personal information online by logging into your account and navigating to the ‘My Details’ tab on your dashboard.

4.5 If you have an account with us, you may choose to close it at any time by contacting us through our online contact form. After you close your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our website or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in these Terms and Conditions, retention of that information will be subject to those third parties’ policies.

4.6 PERSONAL INFORMATION: We want you to feel confident using our website. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.

4.7 USER SUBMISSIONS: We may provide areas on our websites or on third-party social networking services where you can post information about yourself and others and communicate with others; upload content (e.g. pictures, videos, audio files etc.); and post comments or reviews of content found on the SCI Smart Coach Service. Such postings are governed by our Terms and Conditions, and in the case of third-party social networking services, such postings are governed by third-party Terms and Conditions. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.

4.8 USERS OUTSIDE THE UK: This Privacy Policy is intended to cover collection of information on or via our website from residents of the United Kingdom. If you are visiting our website from outside the United Kingdom, please be aware that your information may be transferred to, stored, and processed in the United Kingdom where business is operated. The data protection and other laws of the United Kingdom and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

5 Membership

5.1 REGISTRATION: To use the SCI Smart Coach Service, you must register as a member by providing a password and valid email address unique to you. You must provide complete and accurate registration information to SCI Smart Coach Service and notify us if your information changes.

5.2 NAME: You must use your real name. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

5.3 ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the SCI Smart Coach Service. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately.

6 Subscriptions and Purchases

6.1 SCI SMART COACH: Features and prices are subject to change. We continually update the SCI Smart Coach Service, including the content library, in order to improve the user experience. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of video content. We may offer add-on features, videos, content and packages during your subscription period. All fees may be subject to taxes.

6.2 CANCELLATION AND REFUNDS: As per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and because membership subscription to SCI Smart Coach Services begins immediately upon registering, you agree that if you subsequently cancel your membership within the 14-day period to which you are entitled, you will be refunded any monies paid, less an amount for the membership you have already used. As an example of how this works, if your subscription fee is £127.50 for 12 weeks and you cancel your membership after 10 days of it commencing we shall refund you £112.33, keeping £15.17, which represents the membership subscription you had used up to the point of cancellation.

6.3 RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. SCI Smart Coach reserves the right to deny subscriptions, renewals, and other purchases for any reason.

6.4 END OF SUBSCRIPTION: When your subscription ends, access to the SCI Smart Coach Services is automatically disabled.

7 Term and Termination; Account Deletion

7.1 TERM: This Agreement begins on the date you first use the SCI Smart Coach Service and continues as long as you have an account with us.

7.2 ACCOUNT DELETION: Accounts may be deleted from the SCI Smart Coach Service if they remain inactive (i.e. the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

7.3 TERMINATION FOR BREACH: SCI Smart Coach may suspend, disable, or delete your account (or any part thereof) if SCI Smart Coach determines that you have violated any provision of these Terms and Conditions or that your conduct or content would tend to damage SCI Smart Coach’s reputation and goodwill. If SCI Smart Coach deletes your account for the foregoing reasons, you may not re-register for the SCI Smart Coach Service. SCI Smart Coach may block your email address and Internet Protocol address to prevent further registration.

7.4 EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by SCI Smart Coach will terminate. Term and Termination; Account Deletion, Indemnification, Copyrights, Disclaimers, Limitations of Liability and General Provisions shall survive termination. In the event of account deletion for any reason, information that you submitted may no longer be available to you. SCI Smart Coach shall not be responsible for the loss of such information.

8 Indemnification

8.1 You will indemnify, defend, and hold harmless SCI Smart Coach and its affiliates, directors, officers, employees, and agents from and against all third party actions that: (i) arise from your activities on the SCI Smart Coach Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any behaviour carried out by you involving or relating to SCI Smart Coach violates any law or infringes any third party right, including any intellectual property or privacy right.

9 Copyrights and Other Rights

9.1 All content on the SCI Smart Coach Service is the intellectual property of the SCI Smart Coach Ltd.

9.2 You will respect the intellectual property rights of the SCI Smart Coach Service.

10 Disclaimers

10.1 These Terms and Conditions do not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

10.2 Full functionality of the SCI Smart Coach Service requires up-to-date hardware and software technology. It is possible that some or all features of the SCI Smart Coach will not function on some older systems. The SCI Smart Coach is not responsible for such effects on usability as are caused by the user’s system.

10.3 The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. A download speed of at least 25.0 Mbps per stream is recommended to receive streaming content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time, the video you have selected and the configuration of the device on which you are accessing SCI Smart Coach Services.

10.4 The SCI Smart Coach is not liable for the safety or suitability of any equipment or apparatus used in conjunction with the services provided, or the safety or suitability of any food cooked according to our recipes. You are responsible for the maintenance and upkeep of all equipment and apparatus you choose to use in conjunction with the services provided, and the safety and edibility of all food you consume during your subscription.

10.5 SCI Smart Coach reserves the right to modify the SCI Smart Coach Service. You are responsible for providing your own access (e.g. computer, mobile device, Internet connection etc.) to the SCI Smart Coach Service for the duration of your subscription.

10.6 The SCI Smart Coach Services provides an additional two weeks of access beyond the length of your chosen programme as a gesture of goodwill in order to allow for unforeseen circumstances or delays to your ability to use the SCI Smart Coach Services. Membership subscriptions will not be extended beyond these two weeks, or refunded in part or in full as a result of interruption to the service.

10.7 SCI Smart Coach provides the SCI Smart Coach Service on an “as is” and “as available” basis. You therefore use the SCI Smart Coach Service at your own risk. SCI Smart Coach expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SCI Smart Coach makes no representations or warranties:

10.7.1 That the SCI Smart Coach Service will be permitted in your jurisdiction;
10.7.2 That the SCI Smart Coach Service will be uninterrupted or error-free;
10.7.3 Concerning any information submitted by any member;
10.7.4 Concerning any third party’s use of information that you submit;
10.7.5 That any information you submit will be made available on the SCI Smart Coach Service or will be stored by SCI Smart Coach;
10.7.6 That the SCI Smart Coach Service will meet your business or professional needs;
10.7.7 That SCI Smart Coach will continue to support any particular feature of the SCI Smart Coach Service; or
10.7.8 Concerning sites and resources outside of the SCI Smart Coach Service, even if linked to from the SCI Smart Coach Service.

11 Limitation of Liability

11.1 To the fullest extent permitted by law: (i) SCI Smart Coach Ltd shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) SCI Smart Coach Ltd’s total liability to you shall not exceed the amounts paid by you to SCI Smart Coach over the twelve (12) months preceding your claim(s).

12 General Provisions

12.1 GOVERNING LAW: This Agreement shall be governed by the laws of the United Kingdom, without regard to principles of conflicts of law.

12.2 DISPUTES: Any action arising out of or relating to this Agreement or your use of the SCI Smart Coach Service must be commenced in the United Kingdom (and you consent to the jurisdiction of those courts). In any such action, SCI Smart Coach Ltd and you irrevocably waive any right to a trial by jury.

12.3 INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only. If any term of these Terms and Conditions is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms and Conditions. No failure or delay by SCI Smart Coach Ltd in exercising any right hereunder will waive any further exercise of that right. SCI Smart Coach Ltd’s rights and remedies hereunder are cumulative and not exclusive.

12.4 SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: These Terms and Conditions are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms and Conditions without SCI Smart Coach Ltd’s prior written consent. No third party shall have any rights hereunder.

12.5 NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from SCI Smart Coach Ltd electronically. SCI Smart Coach Ltd may provide all such communications by e-mail or by posting them on the SCI Smart Coach Service. For support-related inquiries, you may contact the SCI Smart Coach Ltd team via the online contact form.

12.6 MODIFICATION: These Terms and Conditions may not be modified except by a revised Terms and Conditions document posted by SCI Smart Coach Ltd on the SCI Smart Coach Site or a written amendment signed by an authorised representative of SCI Smart Coach Ltd. A revised Terms and Conditions document will be effective as of the date it is posted on the SCI Smart Coach Site.

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