Terms of Service
GENERAL TERMS OF SERVICE AGREEMENT
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF TODAY.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Global Coach Group, also known as Global Coach Group (International) Limited, located at 17th Fl., 1702A, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong and our subsidiaries and affiliates, in association with the use of the Global Coach Group’s websites (the “Sites”) and Global Coach Group’s products and services (the “Services”), which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Any and all visitors to our Sites shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our websites and applications, which may include some mobile applications and that those applications and numerous other platforms and downloadable programs, are the sole property of Global Coach Group. At its discretion, Global Coach Group may offer additional website Services, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Global Coach Group does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Global Coach Group shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, an annual review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Global Coach Group shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, progress or personalization settings.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Global Coach Group's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Global Coach Group or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Global Coach Group Services (e.g. Content or Software), in whole or part.
Global Coach Group herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Software as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Global Coach Group for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- the use of Global Coach Group’s services and software are at the sole risk by you. Our Services and software shall be provided on an "AS IS" and/or "as available" basis. Global Coach Group and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Global Coach Group and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (i) Global Coach Group’s Services or software will meet your requirements; (ii) Global Coach Group’s Services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Global Coach Group’s Services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our Services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
- any information or material downloaded or otherwise obtained by way of Global Coach Group’s Services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
- no advice and/or information, despite whether written or oral, that may be obtained by you from Global Coach Group or by way of or from our Services or software shall create any warranty not expressly stated in the TOS.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- the use of Global Coach Group’s services and software are at the sole risk by you. Our Services and software shall be provided on an "AS IS" and/or "as available" basis. Global Coach Group and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Global Coach Group and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (i) Global Coach Group’s Services or software will meet your requirements; (ii) Global Coach Group’s Services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Global Coach Group’s Services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our Services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
- any information or material downloaded or otherwise obtained by way of Global Coach Group’s Services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
- no advice and/or information, despite whether written or oral, that may be obtained by you from Global Coach Group or by way of or from our Services or software shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Global Coach Group and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- the use or inability to use our service;
- the cost of procuring substitute goods and services;
- unauthorized access to or the alteration of your transmissions and/or data;
- statements or conduct of any such third party on our service;
- and any other matter which may be related to our service.
RELEASE
In the event you have a dispute, you agree to release Global Coach Group (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD-PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Global Coach Group may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Global Coach Group trademarks, copyright, trade name, service marks, and other Global Coach Group logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Global Coach Group. You herein agree not to display and/or use in any manner the Global Coach Group logo or marks without obtaining Global Coach Group's prior written consent.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Global Coach Group and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Global Coach Group Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Global Coach Group Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Global Coach Group with regard to any controversy or claim arising out of the TOS, or any breach thereof, including, without limitation, any claim that any part of this TOS is invalid, illegal, voidable, or void shall be submitted to arbitration in accordance with the Commercial Rules of Arbitration at the International Chamber of Commerce in Hong Kong (PRC).
WAIVER AND SEVERABILITY OF TERMS
At any time, should Global Coach Group fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Global Coach Group as follows:
Mailing Address:
Global Coach Group (International) Limited,
17th Fl., 1702A, Glenealy Tower,
No. 1 Glenealy,
Central, Hong Kong
Telephone: +852-3008-0614
Email: Compliance@GlobalCoachGroup.com