PLEASE READ THESE TERMS CAREFULLY
By continuing to access the Services, you agree to these Terms. If you do not agree to these Terms please do not purchase a Subscription or access the Services.
A. THESE TERMS
1. WHAT THESE TERMS COVER
These terms and conditions (together with the documents referred to herein) (the “Terms”) set out the terms on which Simon Moss (“we”, “us”, “our”) will make our ClimbingCoach mobile application (the “App”) and/or our website at https://climbingcoach.app (the “Website”), and the associated ClimbingCoach services and content (collectively the “Services”), available to you (“you”, “your”).
2. WHY YOU SHOULD READ THEM
Please read these Terms carefully before starting to access the Services. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
3. INFORMATION ABOUT US
ClimbingCoach is our sole creation, made with a love of climbing.
4. YOUR PRIVACY
5. ADDITIONAL TERMS WHICH APPLY TO THE APP
5.1. The ways in which you can use the App may also be controlled by the AppStore’s rules and policies available at: https://www.apple.com/legal/internet-services/itunes/uk/terms.html. Where there is any conflict or inconsistency between these Terms and the App Store’s rules and policies, these Terms will prevail.
5.2. Once you have accepted these Terms you may download a copy of the App onto a single personal mobile device and view and use the Services on such device for your personal use only.
5.3. If you download or stream any part of the Website or the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
6. DISCLAIMER AND NON-RELIANCE
6.1. WARNING: THE SERVICES ARE NOT INTENDED TO REPLACE MEDICATION OR ADVICE FROM YOUR DOCTOR OR A HEALTHCARE PROFESSIONAL. YOU MUST CONTACT YOUR DOCTOR OR AN APPROPRIATE HEALTHCARE PROFESSIONAL BEFORE YOU USE THE SERVICES PROVIDED BY CLIMBINGCOACH, AS YOU PROGRESS AND IF YOU ARE OTHERWISE CONCERNED ABOUT YOUR HEALTH. THE SERVICES ARE NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL.
6.2. THE SERVICES SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. YOU MUST CONSULT YOUR DOCTOR OR ANOTHER APPROPRIATE HEALTHCARE PROFESSIONAL BEFORE MAKING ANY CHANGE TO LIFESTYLE OR REFRAINING FROM ANY COURSE OF ACTION OR TREATMENT ARISING OUT OF YOUR USE OF THE SERVICES. YOU MUST KEEP YOUR DOCTOR OR ANOTHER APPROPRIATE HEALTHCARE PROFESSIONAL UPDATED WITH YOUR PROGRESS FOLLOWING YOUR USE OF THE SERVICES. FAILURE TO DO SO COULD DAMAGE YOUR HEALTH.
6.3. You are at risk of injury when training, from overuse, strain, imbalance, trauma, and others. When you work out you should observe best practises for each exercise you are doing, and follow all health and safety guideines of the facilities that you are using, or if you are working out in a private environment, follow similar guidelines anyway. Unless you are entirely certain that the exercise is appropriate for you and being carried out correctly, you should seek the advise of a training professional in person. Your health and wellbeing is paramount, so please, speak to your doctor first.
6.4. You are responsible for your use of the Services and you must ensure that all information you submit to us is accurate, current and complete as this could affect the information and program which is recommended to you. We shall be entitled to rely on any information you submit to us via the Website and/or App.
6.5. The Services we provide to you, including any training recommendations, may be based on the information you submit to us including your Nominal age, weight, gender, injuries, sport climbing grade, bouldering grade, training style preferences. No part of the Services is intended as healthcare advice or diagnosis. The Services are limited to providing you with guidance on how to train for climbing. Whenever there is a change to any of the aboce information, you must update your settings to ensure that your training plan is approppriate
6.6. It is your responsibility to carry out your own independent investigation as to whether ClimbingCoach or any of the Services meets your requirements and is suitable for your medical needs.
B. YOUR SUBSCRIPTION
7.1. Once you have registered for a ClimbingCoach subscription (a “Subscription”) and paid any applicable Subscription fee, subject to your compliance with these Terms, you can access the Services through the App and/or the Website.
7.2. You must be at least seventeen (17) years of age to purchase a Subscription and to access the Services.
7.3. If you choose to access the Services from outside the United Kingdom, you are responsible for your compliance with local laws for that country if and to the extent that local laws are applicable.
8. REGISTRATION & PAYMENT
8.1. In order to purchase a Subscription you will need to create a training plan within ClimbingCoach.
8.2. Paid for Subscription. On registration you will need to pay the Subscription fee (which will be the fee indicated within ClimbingCoach where you purchase the Subscription) (this includes VAT) You may alternatively choose not to, and use limited features of ClimbingCoach instead.
8.3. Referral. Where you have been introduced to the Services by one of our commercial partners (a “Referrer”), we may collect a code relating to that referrer to assist in our marketing efforts.
8.4. We ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. When participating in ClimbingCoach and in order to ensure the information provided to you is accurate, you must disclose all relevant facts as this could affect the information you are given.
8.5. If there are any changes to the details supplied to us it is your responsibility to inform us straight away.
9. YOUR ACCOUNT
9.1. Your account is implicit once you begin using ClimbingCoach, it is based on the information held on your device, and cannot be transferred to other devices.
10. Premium Services
10.1. You will need to pay additional fees in order to use and access certain premium content, applications, enhanced functionality and/or features of the Services (collectively the “Premium Services”).
10.2. Our Premium Services may include: personal training services, performance metrics, personal training support.
11. SUBSCRIPTION TERM
11.1. Your Subscription to the Services will start once payment has been received, and will continue until either of us terminates it in accordance with these Terms.
11.2. Where you have paid a Subscription fee for your Subscription, you have the right to cancel your Subscription in accordance with the Apple App Store policy.
11.3. If you choose to cancel your subscription, you must process this request entirely through Apple.
C. USE OF THE SERVICES
12. USE RESTRICTIONS
12.1. You agree that you will:
- not provide or otherwise make available any part of the Services to any person without prior written consent from us;
- not copy any part of the Services, except where it is necessary for the purpose of back-up or operational security;
- not adapt, or modify, any part of the Services
- not permit the any part of the Services to be combined with, or become incorporated in, any other programs, except as necessary to access the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Services to obtain the information necessary to create an independent program that can be operated with the Services or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
– is not disclosed or communicated without the our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
– is not used to create any software that is substantially similar in its expression to the Services;
– is kept secure; and
– is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by or Services.
13. ACCEPTABLE USE AND CONTENT STANDARDS
13.1. In relation to your use of the Services, you must:
- not use the Services in any unlawful manner, or act fraudulently or maliciously, or in any manner inconsistent with these Terms, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any part of the Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Services;
- not upload or transmit any material that is defamatory, offensive or otherwise objectionable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- ensure that all content you upload or transmit is accurate (where it states facts), is genuinely held (where it states opinions) and complies with applicable law in the UK and in any country from which it is posted; and
- not use Services in a way that could damage, disable, or compromise our systems or security or interfere with other users; and
13.4. If you fail to comply with our acceptable use and content standards, as set out in paragraph 13 and 14, you will be liable to us and will indemnify us for any breach of the paragraphs 10 and 11, and we may:
- withdraw your right to use the Services;
- remove any posting or material uploaded by you to the Website and/or the App;
- issue a warning to you; issue legal action against you; disclose such information to law enforcement authorities as we reasonably feel is necessary; and/or
- take any other action we reasonably deem appropriate.
13.5. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
13.6. Please note the views, opinions and advice expressed through the Services do not necessarily represent our views, opinions and advice and we do not accept any liability for any loss or damage arising from reliance on the same or the use of any interactive service by any user (whether via the “Questions” sections or otherwise). We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded or downloaded (collectively referred to as “Content”) or communications posted via such Services or endorse any opinions expressed via such Services.
13.7. Furthermore, where we publish (or otherwise make available) third party research (and associated information), you acknowledge that such information is prepared by third parties, is outside of our control and, although the information is compiled in good faith, we do not warrant or represent that such information will always be complete, accurate, true, up-to-date and/or of value to you.
14. THIRD PARTY SITES
14.1. All links to third party websites on the Website or App are provided solely for your convenience. If you use these links, you leave the Website and/or the App. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk.
15.1. From time to time we may automatically update the Services, change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues and/or provide you with free supplementary software code or updates of the App incorporating “patches” and corrections of errors. Any such updates will not affect the quality or specification of your Subscription or the Services being provided to you, unless we notify you otherwise and in such circumstances if you do not agree to such updates you have the right to cancel your Subscription.
15.2. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Services.
D. OUR LIABILITY TO YOU
16.1. Although we will make all reasonable efforts to ensure that information provided through the Services is as accurate and up to date as possible we do not make any representations, warranties or guarantees, whether express or implied, that information made available to you via the Services is accurate, complete or up to date and on this basis, we accept no liability for any loss or damage caused by inaccurate information. If you discover any inaccurate information on the Website or the App please let us know.
16.2. We do not warrant or make any commitment that the Services will always be available, uninterrupted or error free (from bugs or viruses or otherwise). We will not be liable to you if, for any reason, the Services are unavailable at any time or for any period. In addition, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of Services or to your downloading of any content available via the Services, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and mobile device in order to access the Services. You should use your own virus protection software.
16.3. Subject always to paragraphs 17.5 and 21, to the extent permitted by law, we:
- exclude all conditions, warranties, representations or other terms which may apply to the Services, whether express or implied; and
- exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way in connection with the use, inability to use or the results of use of the Services, any websites linked to the Services or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, mobile device, software, data or other property on account of your access to, use of, or browsing the Website or the App or your downloading of any materials made available via the Services or any websites linked to the Services.
16.4. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. All copyright and other intellectual property rights in the Services (including, without limitation, all materials, documentation, trade names and other proprietary information, logos, software, images, audio, video, multimedia content, photos and graphics) throughout the world belong to us (or our licensors). The rights in the Services are licensed (not sold) to you. All such rights are reserved. You have no intellectual property rights in, or to the Services, the Website or the App other than the right to use them in accordance with these Terms.
17.2. You are permitted to print and download extracts from the Services for your own personal use on the following basis:
- no documents or related graphics available via the Services (whether paper or digital copies) are modified in any way;
- no illustrations, photographs, video or audio sequences or any graphics available via the Services are used separately from the corresponding text; and
- our copyright and trade mark notices and this permission notice appear in all copies,
you acknowledge you do not acquire any ownership rights by downloading any material from the Services.
18. LINKING TO THE SERVICES
18.1. You are only permitted to create links to the Services from other websites provided you comply with the following conditions:
- you may link to our account login page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- you must not establish a link to Services in any website that is not owned by you;
- the Services must not be framed on any other website, nor may you create a link to any part of the Services other than the Website home page;
- the website in which you are linking must comply in all respects with the Content Standards set out at paragraph 14 above; and
- you must acknowledge us by placing the following notice in a reasonably prominent place near the link “ClimbingCoach”.
18.2. We reserve the right to ask you to remove any link to the Services, as determined at our sole discretion.
19. OUR RIGHT TO VARY THESE TERMS
19.1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
19.2. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start or access the Services.
19.3. If you do not accept the notified changes you will not be permitted to continue to use the Services and, where you have paid a Subscription fee, you may apply to Apple for a refund, which will reflect the period the Services have been available to you prior to cancellation.
19.4. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
20.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
20.3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
20.4. We are not liable for business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.5. Please back-up content and data used with the Services. We recommend that you back up any content and data used in connection with the Services, to protect yourself in case of problems with the Services.
20.6. Check that the Services are suitable for you. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements.
20.7. We are not responsible for events outside of our control. If our provision of the Services or support for the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
21. SUPPORT FOR THE SERVICES AND HOW TO TELL US ABOUT PROBLEMS
21.1. If you want to learn more about the Services or have any problems using them please contact us at firstname.lastname@example.org.
21.2. If you think the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at email@example.com.
OTHER IMPORTANT TERMS
22.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22.2. If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22.3. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
22.4. Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
22.5. These Terms and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.6. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
23. CONTACT US
To contact us, please email firstname.lastname@example.org>.