Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, NAVIGATING OR, IN ANY OTHER WAY, USING THIS SITE
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By using and visiting r the web page www.pilatesonlinestudio . with and / or respective “mobile” application ( together, “Site”), or any of the information, content, resources , and services available , including newsletter, download areas, blogs and forums made available through it (together, the “ Services ”), you are, as a user or visitor of the same (“ User ”), agreeing and accepting:
a) these terms and conditions of use (“ Terms and Conditions ”), which govern the use of the Site and Services by the User
The Site and Services are managed by The Coach, Serviços de Manutenção Física Unipessoal Lda., A limited liability company headquartered at Rua Rebelo da Silva, Nº 6, R \ c Dto., 2795-165 Linda-a-Velha, registered at the Commercial Registry under the single registration and legal entity 505161583, with a share capital of EUR 5,000.00 ( “the Coach”) Any communication or request for information relating to the Site, the Services or the s Terms and Conditions must be sent to The Coach using the Site’s contact area.
Through the Site, The Coach gives the User access to the Services , as well as the User’s real-time participation in the Services, such as ulas, personalized training, varied consultations, activities and online events promoted by The Coach using the Zoom platform ®.
The Zoom® platform is owned by the Zoom, Inc. group, based in the United States of America, website www.zoom.us.
If the User does not accept the Terms and Conditions , he should not use any of the features available on the Site. The use of the Site and its Services will be considered an acceptance of the Terms and Conditions.
The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms and Conditions.
In addition, the Site may provide for the possibility of sending, by the User, for subsequent publication and display, subject to approval by The Coach , of information, data files, written text, graphics, links, audio file or other sounds, photographs, videos or other images (together, the “Contents”). In this regard, the User acknowledges that under no circumstances is he entitled to receive any compensation from The Coach for making the Content available, through the Site or any other means identified in these Terms and Conditions.
The The Coach reserves the right to change these Terms and Conditions at any time, limited to putting changes online on the Site is the sole responsibility of the User verification and compliance with them during each use. Use of the Site after the changes are posted constitutes acceptance of the updated wording of the Terms and Conditions . If you do not agree with the changes made or, in general, with the Terms and Conditions , you should immediately stop using the Site and the Services.
In return for the attribution of the right to enjoy and use the Services under the terms of these Terms and Conditions , the User accepts that The Coach places advertising – advertisements and promotions – on the Services. These advertisements and promotions may be associated with the content and information stored on the Services, with inquiries made through the Services or other information.
2. GENERAL OBLIGATIONS AND RESPONSIBILITY OF THE USER
When accessing, using or downloading materials from the Site, the User agrees, on his behalf and / or on behalf of the entity on behalf of whoever is acting, to comply with the provisions of these Terms and Conditions on time , guaranteeing that he has powers to act on behalf of of the third party it represents, if that is the case.
Access to the Services is expressly prohibited by any means other than through the interface provided by The Coach , as well as access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or the web) crawlers).
It is expressly prohibited to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to The Coach’s image on the market. Usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable.
The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate them or advise third parties to do so.
2.1. Age Requirements
The use of the Site and the Services is only allowed to those who, at the date of use, have completed at least 16 years of age or the legal age to be able to conclude in their own name and without the intervention of third parties the majority of the contracts in a valid manner in the applicable jurisdiction. Any individuals who do not meet this requirement will not be able to use the Site (“Minors”). If you are a Minor, you should not attempt to register on the Site or send any personal data about yourself to The Coach , unless the registration is preceded or accompanied by an authorization for the due effects provided by those empowered to validly supply that Minor’s disability, the sufficiency of which is freely appreciated by The Coach.
2.2. User Account
In order to be able to access certain Services and restricted areas of the Site, you may be asked to provide some personal data (such as identification and contact details), as part of the registration process for creating a User account. on the Site (“User Account”). You must provide a valid email address that you have the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be updated, complete and accurate.
After registration, the User will receive a confirmation email from The Coach / Site in order to activate his account. Only the registered User will be able to access his account, the User being responsible for ensuring the security of his password.
The User is responsible for maintaining the confidentiality of his password. If you detect any illicit use of your User Account, you must immediately notify The Coach using the form in the contact area of the Site. However, you can be held responsible by The Coach or a third party for the illegal use of your User Account or your password.
The User is solely responsible for any emergent damages or lost profits caused by his / her unlawful conduct when using the Site and the Services and for the Content made available on (on) the Site.
When submitting, posting or displaying Content via the Services you must:
a) act, at all times, in accordance with the highest applicable standards of diligence;
b) refrain from providing information and recommendations that may create confusion or mislead the Users of the Site;
c) provide only content , information and recommendations within the scope of their professional and academic skills, professional experience and know-how;
d) comply with applicable legislation;
e) refrain from providing Content for purposes other than those for which the Site is intended;
f) refrain from providing Content whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable.
Without prejudice to the provisions of these Terms and Conditions , the following facts, due to their severity, may lead to the immediate cancellation of your User Account:
a) Serious or repeated violation of the Terms and Conditions ;
b) Use of offensive or threatening written, verbal or body language, addressed to any User of the Site or to any worker, collaborator, partner or manager of The Coach ;
c) Use of insulting language or obscenities;
d) Availability of illegal, offensive, threatening, defamatory, pornographic, obscene or objectionable Content or that violate the intellectual property rights of third parties.
If The Coach disables or otherwise withdraws access to its User Account, the User understands and accepts that he may be prevented from accessing certain restricted areas of the Site, the details of his User Account or any content therein.
2.3. Registration and account under the Zoom® platform.
2.3. Registration and account within the scope of other sites / platforms associated with the Site.
In order to use and / or purchase the services online promoted by The Coach n the website, the user may have to register and create account on sites / specific platforms associated with the Site , being these properly identified.
3. USER RESPONSIBILITY
3.1. The User guarantees the veracity and completeness of the information he / she submits, being exclusively responsible for any false or inaccurate statements and for any damages that may result from it to The Coach or third parties. If the submitted information proves to be false or incomplete, The Coach may prevent the User from accessing the Site or terminate this Agreement.
3.2. You agree to conduct a proper and lawful use of the content and S ervices available in Sit and sites / specific platforms associated with the Site or through the ZOOM® platform are not permitted uses for purposes other than those to which they are intended.
3.3. Illegal use – regardless of the form – the Site or its contents and S ervices as well as the content and S ervices promoted by The Coach by ZOOM® platform or sites / specific platforms associated with the website , make the user incurring liability and criminal in general terms of law.
3.4. The User is expressly prohibited from taking any action that could harm, block or render useless the functionalities and contents of the Site or that could compromise or affect the image and brand of The Coach or third parties.
3.5. The The Coach reserves the right, without prior notice, delete the accounts of users who adopt abusive behavior, illegal, or otherwise contrary to the provisions in these Terms and Conditions or the principles which govern the activity of The Coach.
3.6. The User shall be solely responsible for access to or use of content and services available on the Site , sites / platform s specific associated s Site or promoted by The Coach by ZOOM® platform, unable to Ash Wednesday any liability to The Coach arising from any security breaches or any damages, direct or indirect, that may occur due to the use of the Site , sites / platform s specific associated s Site or ZOOM® platform.
3.7. The The Coach is not responsible directly or indirectly for any loss or damage caused by viruses, cyber attacks or other technologically harmful material that may infect the user equipment or devices, computer programs, data or other material due to the use of the Site , sites / platform s specific associated s Site or ZOOM® platform.
3.8. It is the sole responsibility of the user to ensure that computer equipment you use to access the Site , sites / platform s specific associated s Site or ZOOM® platform is adequately protected from malicious software computer viruses and other forms of intrusion, with the User adopting the appropriate security measures in order to prevent the risk of unauthorized access.
4. LIMITATION OF LIABILITY
4.1. The content and services available on the Site , sites / platform s specific associated s Site or promoted by The Coach by ZOOM® platform does not constitute any guarantee of achieving results, not guaranteeing The Coach to the user that the content and services purchased are those suitable for your needs or expectations.
4.2. The The Coach assumes no liability for:
a) Interruption or suspension of the availability of content for reasons beyond its control;
b) Illegitimate access through the use of malignant systems and through any means of communication;
c) Security or navigation flaws caused by a malfunction of the browser.
4.3. The The Coach is not responsible for any links to Web sites, Web pages or third party platforms that are mentioned in the website , and such links provided solely for the convenience and affordability of the User. The The Coach is not responsible for errors, desatualizações or damage that may arise from the access and / or use of such links, since no control over their access or content. The access and use of any third party websites, web pages or platforms are conducted by the User under his sole and exclusive responsibility.
4.4. In particular, The Coach can not be held responsible for direct or indirect damages arising to the User or third party access to the site s / platform s specific associated s Site or use of the ZOOM® platform, to which The Coach is totally alien.
5. DUTIES OF THE USER
Without prejudice to any other contractual or legal obligations, the User shall have the following duties:
5.1. Filling in the registration / membership form.
Fill in the registration / adhesion form to the Site with complete, true and updated information, committing to update it immediately, in the user’s area or using the form in the Contacts area of the Site, whenever there is a change in them.
5.2. Basic Law of physical activity and sport.
Under the terms and for the purposes of Law no. 5/2007, of 16 January, the User must ensure that he does not have or reveal any contraindications for the practice of physical activity, assuming responsibility for the breach of this duty;
5.3. The Coach’s recommendations.
Follow the recommendations and / or instructions provided by The Coach, directly or through its representatives, workers and / or collaborators;
Do not give the password, for any reason, to third parties, regardless of whether or not they are clients of The Coach or users of the Site.
5.5. ompliance with good practices and duty of urbanity.
Observe at all times the following rules, without prejudice to other rules that are indicated by The Coach, directly or through their representatives, employees and / or employees through the Site , sites / platform s specific associated s Site or Zoom platform ®:
a) Enter the Zoom® session always with the microphone turned off so as not to interfere with the voice / sound of the session host;
b) If the User wants to ask questions, he can switch the microphone on for a few moments, and must turn it off after the interaction;
c) Most sessions / classes do not have music, but each instructor can prepare a playlist on Spotify® to follow , without prejudice to the other Users.
d) The User must behave in a calm and urban manner when participating or viewing a session / class on the Zoom® platform, so as not to disturb others, and must also be appropriately dressed.
5.6. Acceptance of the terms and conditions and privacy policies d the sites / platform s specific associated s Site , and platform ZOOM® available on their sites / platform s as in www.zoom.us.
5.7. Compliance with the Terms and Conditions of use applicable to the Site.
5.8. Prohibition of filming, photographs or sound recording of a Zoom® session / class , in order to protect the identity and privacy of third parties. The unauthorized capture or dissemination of images or sound from third parties will cause the User to incur civil and criminal liability under the general terms of law.
5.9. The host reserves the right to exclude the User from any Zoom® session / class in the event of undue behavior or behavior that is likely to jeopardize the normal functioning of the session / class.
6. THE COACH ‘S RIGHTS AND OBLIGATIONS
The The Coach reserves the right at any time and without notice:
a) modify, add or remove parts of the Terms and Conditions;
b) modify or terminate the Services for any reason and without prior notice at all times;
c) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms and Conditions;
d) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, partially or totally. These changes will take effect as of their placement on the Site or the date of sending any communications.
e) Change the calendar of Services and sessions / classes on the Zoom® platform. Changes may include the number of classes per week, the time of classes and the duration of classes;
f) Change the professional of the sessions / classes and Services ;
g) Add or remove any digital content and Services from the Site, or replace them, under the terms that it deems most convenient.
The The Coach undertakes to provide technical support to the User to User Account related to the use and functionality of the Site, via email.
7.1. The Services Digital provided by The Coach on the Site and the participation of the User in the same , online , sponsored by The Coach on s sites / platform s specific associated s Site and the ZOOM® platform are paid.
7.2. Notwithstanding the preceding paragraph, is applicable, the user may be charged directly pel values the sites / platform s specific associated s Site and platform ZOOM®.
7.3. Through the Site or specific sites / platforms associated with the Site, all Services available for purchase are made available to the User, as well as their specific conditions and characteristics such as:
a) Value of the Service;
b) Validity Period to enjoy the Service;
c) Form of appointment / scheduling of the Service;
d) Content available for the Service;
e) Other relevant information related to the conditions of purchase and use of the Service.
7.4. All purchases made for the acquisition d usable services through the Site and / or platform ZOOM® have to be pre – pay the s, through the website or sites / specific platforms associated with the website for this purpose , using the payment methods available in s same s .
7.5. After confirmation of payment for the Services , the User may schedule their use through the Site or specific sites / platforms associated with the Site for this purpose.
7.6. Under no circumstances will the User be refunded any amount paid through the Site or specific sites / platforms associated with the Site for this purpose.
7.7. The acquisition of digital content through the Site or specific sites / platforms associated with the Site for this purpose, constitutes, for the purposes of Decree-Law no. 24/2014, of 14 February, a contract for the supply of digital content that are not provided in a material medium.
7.8. After payment has been made . With the activation of the service, the execution of the specific contract of the purchased Service presented in point 7.3 begins immediately.
Since it is a S ervice whose implementation can start r immediately after payment, do not watch the User the right of withdrawal.
By accepting proceed under and conditions specific s referred to in paragraph 7.3 , the User expressly consents the immediate execution of supply and, consequently, declares to know that no or her right of withdrawal from the contract.
8. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
All information contained on the Site and Services and all data and information compiled by The Coach associated with it (such as data files, written text, Software, music, audio file or other sounds, photographs, videos or other images) to which the User has access to as part of the Services or through its use are considered to be content by The Coach (or a third party, when properly identified, who holds their respective intellectual property and personality rights). The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on said contents (partially or totally), unless expressly authorized in writing by The Coach or a third party holding their intellectual property and personality rights.
The User acknowledges and agrees that The Coach and / or the duly identified third parties (as applicable) retain all intellectual property rights (whether those rights are registered or not and in any part of the world where those rights may exist) relating to the Services . The The Coach and / or duly identified third parties (as applicable) retain all rights not expressly granted to you in these Terms and Conditions.
The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
The contents of the Site , including brands, designs, logos, text, images, audio and video materials, are owned and / or licensed to The Coach , unless otherwise indicated, and are protected under general law and by national and international legislation for the protection of Intellectual Property, Copyright and Related Rights, Industrial Property Rights and the Computer Crime Law.
The User is expressly prohibited from copying, printing, downloading, displaying, altering, reproducing, distributing, modifying, transmitting, commercializing or using the contents made available on the Site outside the conditions of free use legally provided, without the prior and express consent, given in writing from The Coach . The User will be responsible for all damages that the improper use of the contents made available on the Site causes to The Coach.
The use of trademarks and logos on the Site , as well as the availability of existing content in the same or through d the s sites / platform s specific associated s Site and d the ZOOM® platform, not grant, nor can they be construed as granting, permission to User to use, directly or indirectly, such brands, logos or content, except under the terms provided for in these Conditions of Use.
The User retains the intellectual property rights and the rights of the personality he already holds in relation to the Content that he sends, publishes or displays on or through the Services.
8.2. Brands and Related
Unless you have been expressly authorized by The Coach to do so, nothing in the Terms and Conditions gives the user the right to use any trademarks, trademarks, service marks, logos, domain names and other distinctive brand The Coach , or authorized by The Coach.
8.3. Website / Software
The User is not allowed (nor can he allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Site / Software or any part of it unless this is expressly permitted or required by applicable law or that the user has been specified mind authorized in writing by the Coach , to do so. Unless The Coach has granted the User a specific written authorization to do so, it cannot assign (or sub-license) its rights to use the Site / Software, grant a guarantee regarding its rights use of the Site / Software or, alternatively, transfer any part of your rights to use the Site / Software.
8.4. Publishing of Content by the User
When submitting, publishing or displaying Content on the Site or through the Services, the User grants:
a) to The Coach with the world, free and non – exclusive territorial scope, permission to reproduce, adapt, modify, translate, publish, publicly perform , publicly display and distribute any Content submitted, posted or displayed on the Site or through the Services. This authorization has the sole purpose of allowing The Coach to present, distribute and promote the Services to its Users;
b) each User of the Services, with a free and non-exclusive scope, authorization to access their Content through the Services, and to use, reproduce, distribute and display them within the limits allowed by the Services functionalities and the provisions of the Terms and Conditions .
The User agrees that this authorization includes the right of The Coach to make such Content available to other companies, organizations or individuals with whom The Coach has professional or cooperative relations, for the provision of services and for the use of such Content together with the provision of these services.
The aforementioned authorizations granted in relation to the Contents terminate under the legally provided terms.
When sending, publishing or displaying Content through the Services, and when granting the above-mentioned authorizations, the User expressly declares and guarantees:
a) not to be violating intellectual property rights or the personality rights of third parties;
b) have all the necessary powers to grant the aforementioned authorizations.
The User understands and accepts that The Coach , by performing the technical procedures necessary to provide the Services to Users, can:
a) transmit or distribute your Content through various public networks and in various media;
b) make the necessary changes to the Content to adjust and adapt that Content to the technical connectivity requirements of networks, devices, services or media.
It is The Coach’s policy to respond to notices of alleged copyright infringement that respect applicable international conventions on intellectual property, as well as to terminate User Accounts in the case of repeat infringers. If you have reason to understand that any of the content on The Coach ‘s Site infringes intellectual property rights, please contact The Coach using the form in the Contacts area of the Site .
9. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the Services are provided as is and as available and The Coach does not provide any type of warranty with respect to them. In particular, The Coach does not guarantee the User that:
a) the use of the Services meets your needs or expectations;
b) the use of the Services is not interrupted, or that is punctual, safe or free from errors;
c) any information obtained, resulting from the use of the Services, is accurate or reliable;
d) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms with respect to satisfactory quality , fitness for purpose or compliance with the description) apply to the Services, except to the extent that they are expressly defined in the Terms and Conditions.
The use, by the User, of the Website, of the Services, as well as of any materials downloaded or otherwise obtained through the use of the Services, is done at their sole risk and risk, being exclusively responsible for any emergent damages and lost profits caused to the equipment on which you use or view the Site, Services and Content available there.
No recommendation or information, oral or written, from The Coach should be construed as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.
To facilitate the accessibility of the User, The Coach may include links to sites on the Internet that are owned or operated by third parties. When using the links to these third party sites, the User must review and accept the rules of that site before using it. The User must also accept that The Coach does not control the content and services of that website and cannot assume any responsibility for the services, materials created or published by these third party websites. In addition, a link to a non- The Coach website does not mean that it supports the Website or the products and services referenced there.
10. LIMITATION OF LIABILITY
To the extent permitted by applicable law, The Coach assumes no liability to the User for:
a) Any damages resulting from the use of the Site and services;
b) Any damages resulting:
any judgment of the User as to the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is shown on The Coach’s services or newsletter;
any changes that The Coach may make to the Services or any permanent or temporary cessation of the provision of the Services (or any features of the Services);
the elimination, corruption or storage error of any Content or other communications data maintained or transmitted by or through the use of the Services;
direct or indirect violation of the Terms and Conditions;
failure to maintain the security and confidentiality of the password or User account details.
If you do not agree, in whole or in part, with the conditions applicable to the Site or the Services in accordance with these Terms and Conditions , you have the option to stop using the Site or the Services, as applicable, and to demand the cancellation of your account. User.
a) right of access to personal data;
b) right of rectification;
c) right of erasure;
d) right to limitation,
e) portability right;
f) the right to opposition and, in particular;
12. TERM OF THE CONTRACT
This Agreement is concluded for an indefinite period, and remains in force until terminated or terminated by the Parties under the terms of the following clause.
13. TERMINATION OF THE CONTRACT
If any of the Parties (“Defaulting Party”) fails to comply with any of the provisions of this Agreement, or resulting from the applicable legal terms, and that non-compliance is considered serious (the one that by its gravity or repetition, renders the subsistence of the contractual bond unenforceable for the other Party), in the event that it is not remedied by the Defaulting Party within 10 days (after written communication, which may be carried out by email) by the other Party (“Defaulting Party”), it should be understood that such Defaulting Party is is in a situation of definitive non-compliance, and the Compliant Party may terminate the Contract. The Compliant Party may also demand compensation for the damages suffered, which include lawyers’ fees and expenses. If The Coach is the Defaulting Party, it may refuse the User’s access to the Site until the delay and / or non-compliance is remedied.
13.2. Resolution by The Coach.
Without prejudice to any other legal grounds, and to the provisions of clause 13 .1, The Coach may terminate the Contract in the following situations:
a) Breach of contract. Serious violation by the User, the provisions n the s present Terms and Conditions;
b) Violation of the duty to inform. Provision of erroneous and / or fraudulent information by The User to The Coach, namely when registering to the Site;
c) Violation of rules of conduct. Adoption of behaviors that may jeopardize the privacy, security and / or well-being of other users / participants / third parties and of The Coach’s representatives, workers or collaborators, as well as behaviors that jeopardize the reputation or good name The Coach;
d) Provision of the password to third parties. Assignment, in any capacity, of the password to access the Site to third parties, whether or not they are users of the Site or customers of The Coach.
The Parties may, unilaterally, freely denounce the Contract without the need to pay any indemnity or return of amounts already paid, for this reason, provided that they do so at least 15 days in advance of the date of effect of the complaint.
14. GENERAL PROVISIONS
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Site relating to certain Services , these shall prevail.
14.2. Exercise of Rights
The Coach ‘s failure to exercise or not immediately apply rights or provisions , set out in the Terms and Conditions , should not be interpreted as a waiver of them.
The Terms and Conditions constitute the entire agreement between the User and The Coach regarding the use and consultation by the User of the Site and the Services, and regulate the use of these (excluding any Services that may be provided by The Coach under a separate written agreement), completely replacing any previous agreements between the User and The Coach in relation to the Site and the Services.
The invalidity, declared by a final judicial or arbitration award, of some provision of the Terms and Conditions does not determine the invalidity of the others, and The Coach reserves the right, if necessary, to modify the Terms and Conditions accordingly, in order to supply invalidity.
Any contacts, notifications and communications from The Coach to the User under the Terms and Conditions will preferably be made to the email address or address provided by the User in his User Account, without prejudice to The Coach being able to use other elements and forms of contact.
Any contacts, notifications, communications and complaints from the User should preferably be made using the form in the contacts area of the Site.
The Parties must notify each other of any changes to their identification details.
Unless otherwise stipulated, the deadlines provided for in the Contract are counted in a straightforward manner. Deadlines that end on a day that is not a Business Day (that is, a day that is a weekend or a national holiday) can be carried over to the next Business Day.
15. APPLICABLE LAW AND JURISDICTION
The Terms and Conditions , as well as the User’s relationship with The Coach according to them, are governed by Portuguese law. The User and The Coach agree to submit to the exclusive jurisdiction of the judicial courts of the Lisbon District the resolution of any legal issues resulting from the Terms and Conditions , without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, The Coach may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.
In the event of a dispute, the User may also resort to an Alternative Dispute Resolution Entity legally recognized by The Coach.