Terms of Service

By signing up for a CoachGenius Account (as defined in Section 1) or by using any CoachGenius Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “CoachGenius” means the applicable CoachGenius Contracting Party (as defined in Section 4 below).

The services offered by CoachGenius under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store. Any such services offered by CoachGenius are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. CoachGenius reserves the right to update and change the Terms of Service by posting updates and changes to the CoachGenius website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including CoachGenius’s Acceptable Use Policy (“AUP”) and Privacy Policy

1. Account Terms

To access and use the Services, you must register for a CoachGenius account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You confirm that you are receiving any Services provided by CoachGenius for the purposes of carrying on a business activity and not for any personal, household or family purpose.

You acknowledge that CoachGenius will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to CoachGenius and your primary Account email address must be capable of both sending and receiving messages. Your email communications with CoachGenius can only be authenticated if they come from your primary Account email address.

You are responsible for keeping your password secure. CoachGenius cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You acknowledge that you are responsible for the creation and operation of your CoachGenius Store. CoachGenius Champ may help you with the initial store setup. CoachGenius Champ will not be responsible for maintaining your store or any misuse of the store in any way.

CoachGenius is not a marketplace. Any contract of sale through your CoachGenius Store is directly between you and the buyer.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of CoachGenius may result in an immediate termination of your Services.

2. Account Activation

2.1 Store Owner Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your CoachGenius Store can only be associated with one Store Owner. A Store Owner may have multiple CoachGenius Stores. “Store” means the online store.

2.2 Staff Accounts

Based on your CoachGenius pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.

The Store Owner and the users under Staff Accounts are each referred to as a “CoachGenius User”.

2.3 Domain Names

Domain names are purchased separately from Third Party Service providers which are in no way associated with CoachGenius. Your CoachGenius Store will be connected with the Domain Name provided by you. You acknowledge that it is your sole responsibility to manage subscription of your Domain Name with your provider. CoachGenius will not be responsible in any way in an event of expiration of Domain Name.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy. Technical support in respect of the Services is only provided to CoachGenius Users.

The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Maharashtra and the laws of India applicable therein, without regard to principles of conflicts of laws.

You acknowledge and agree that CoachGenius may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CoachGenius’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to CoachGenius’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the CoachGenius Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by CoachGenius.

You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use CoachGenius or CoachGenius trademarks and/or variations and misspellings thereof.

You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Services, including information transmitted to or stored by CoachGenius, is governed by its privacy policy..

All the terms and provisions of the Terms of Service shall be binding upon and insure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. CoachGenius shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without CoachGenius’s prior written consent, to be given or withheld in CoachGenius’s sole discretion.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

4. CoachGenius Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any CoachGenius customer, CoachGenius employee, member, or officer will result in immediate Account termination.

CoachGenius does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CoachGenius employees and contractors may also be CoachGenius customers/personal instructors and that they may compete with you, although they may not use your Confidential Information (as defined in Section 5) in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

CoachGenius retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, CoachGenius reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. CoachGenius’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, CoachGenius 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 resulting from the use of or inability to use the Service.

To the extent permitted by applicable laws, in no event shall CoachGenius or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CoachGenius partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

CoachGenius does not warrant that the Services will be uninterrupted, timely, secure, or error-free. CoachGenius does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

CoachGenius is not responsible for any of your tax obligations or liabilities related to the use of CoachGenius’s Services.

CoachGenius does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

7. Waiver, Severability, and Complete Agreement

The failure of CoachGenius to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and CoachGenius and govern your use of the Services and your Account, superseding any prior agreements between you and CoachGenius (including, but not limited to, any prior versions of the Terms of Service).

8. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the CoachGenius Service. All Materials you upload to your CoachGenius Store remain yours. You can remove your CoachGenius Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow CoachGenius to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that CoachGenius can, at any time, review and delete all the Materials submitted to its Service, although CoachGenius is not obligated to do so.

You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

CoachGenius shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

9. Payment of Fees

You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than CoachGenius Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as CoachGenius Payments or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

Subscription Fees are paid in advance and will be billed annually on the day of activating your plan (“Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at CoachGenius’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, CoachGenius reserves the right to terminate your Account.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Services Tax under the Goods and Services Tax Act), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of CoachGenius’s products and services. To the extent that CoachGenius charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to CoachGenius of your exemption. If you are not charged Taxes by CoachGenius, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to CoachGenius under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by CoachGenius to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. CoachGenius shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

You are responsible for all applicable Taxes that arise from or as a result of any sale on your CoachGenius Store.

CoachGenius does not provide refunds.

10. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting CoachGenius Support and then following the specific instructions indicated to you in CoachGenius’s response.

Upon termination of the Services by either party for any reason:

CoachGenius will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

any outstanding balance owed to CoachGenius for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

your Store website will be taken offline.

If you purchased a domain name through CoachGenius, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the CoachGenius Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

Fraud: Without limiting any other remedies, CoachGenius may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

11. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from CoachGenius. Such notice may be provided at any time by posting the changes to the CoachGenius Site (coachgenius.storeplum.com) or the administration menu of your CoachGenius Store via an announcement.

CoachGenius reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

CoachGenius shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Beta Services

From time to time, CoachGenius may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all personal instructors (“Beta Services”). Beta Services may be subject to additional terms and conditions, which CoachGenius will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered CoachGenius Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without CoachGenius’s prior written consent. CoachGenius makes no representations or warranties that the Beta Services will function. CoachGenius may discontinue the Beta Services at any time in its sole discretion. CoachGenius will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. CoachGenius may change or not release a final or commercial version of a Beta Service at our sole discretion.

13. Rights of Third Parties

Save for CoachGenius and its affiliates, CoachGenius Users or anyone accessing CoachGenius Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

14. Privacy & Data Protection

CoachGenius is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that CoachGenius’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

ACCEPTABLE USE POLICY

CoachGenius is a platform that provides the tools and technology for personal instructors to set up an online store and sell products and services on their own website, at physical retail locations, marketplaces and more. While we believe the free and open exchange of ideas and products is a key tenet of online business, there are some activities that are incompatible with CoachGenius’s mission to make bookings and selling better for everyone. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.

The following activities are prohibited:

Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.

Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.

Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of CoachGenius or others, including CoachGenius’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.

Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.

Restricted Items: You may not offer goods or services that are, or appear to be, Restricted Items as defined by the law of land.

Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.

Spam: You may not use the Services to transmit unsolicited commercial electronic messages.

Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.

CoachGenius has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the CoachGenius Terms of Service, or any other agreement between you and CoachGenius governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.