Terms

From everyone at Coached, thank you for choosing us!

We run our website and provide our coaching and testing services to help you optimise, track and enjoy your training.

There are hundreds of people using Coached’s services every day. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service so you know what’s expected of you when you use our services – oh, and what you can expect from us.

1. Definitions

1.1 To get us started, here are some terms you’ll find used throughout these Terms of Service:

a. When we say “Company”, “we”, “our”, or “us” , we mean Coached Pte Ltd (Company Registration No. 201435627D).

b. When we say “Website”, we mean our website at www.coached.fitness.

c. When we say “Coached”, we mean our online coaching service and training platform.

d.When we say “Coached Lab”, we mean our physical lab, where you come to do your lactate threshold and other tests.

e. When we say “Coached Account”, we mean the user account that gets created when you register to use and access Coached and the Services.

f. When we say “Services”, we mean the products or services created and offered by us. That includes this Website, Coached, the services offered at the Coached Lab, our online coaching programmes, Coached group training sessions, and such other content we may offer on the Website or Coached blog in the future, whether delivered in-person, or within a web browser, desktop application, mobile application, or other format.

g. When we say “Subscription Fees”, we mean the fees you pay for using Coached.

h. When we say “Lab Fees”, we mean the fees you pay when you use the Coached Lab services.

i. When we say “Group Training Fees”, we mean the fees you pay for group training sessions. The Subscription Fees, Lab Fees and Group Training Fees are collectively referred to as “Service Fees”.

j. When we say “Customers”, “you” or “your”, we are referring to the people or organizations that use our Services.

k. When we say “Testing Package”, we mean the package you bought for lab testing; when we say “Training Package”, we mean the package you bought for group training sessions. References to a Testing Package or Training Package should be taken to refer to active Testing Packages and Training Packages only.

1.2 Words and phrases importing the singular import the plural and vice versa. The terms defined in these Terms of Service will also be used in the Conditions of Registration when you sign up for lab testing and group training.

1.3 A few other important things to note:

a. When you use our Services, now or in the future, we will take it that you have read and agreed to our latest Terms of Service (which you are reading right now). That’s true for any of our existing and future services and all features that we add to our Services over time.

b. If you violate any of the terms in these Terms of Service, we may terminate your access to the Services.

c. We will not always exercise or enforce our rights under these Terms of Service, but this does not mean we are waiving such rights.

2. Use Of Services

2.1 The Website and the Services are provided to you for your personal use, subject to these Terms Of Service. You agree that these Terms Of Service constitute a legally binding agreement between you and us governing your use of the Website and any of the Services.

3. Amendments

3.1 Your access to and use of the Website and any of the Services shall be governed by the latest version of the applicable Terms Of Service on our Website. We may at any time, in our absolute discretion, amend these Terms of Service. Such amendments shall be effective immediately upon our publishing the amended Terms of Service on the Website. As we’ve said, amendments will typically not significantly affect our expectations of our Customers. However, rest assured that if we make significant amendments to these Terms Of Service, we will notify you via a suitable announcement on the Website and/or by way of email.

3.2 If you do not wish to accept such significant amendments to the Terms Of Service, please do not continue to use our Website or the Services, and let us know immediately. Otherwise, your continued access to or use of the Website and any of the Services shall be deemed to be your conclusive acceptance of such modified Terms Of Service, and you may be charged accordingly.

3.3 We encourage you to check these Terms Of Service periodically for the latest version.

4. Registration And Bookings

4.1 We use three primary softwares to facilitate bookings and provide the Services: (a) Coached (online coaching and Coached Lab reports); (b) Acuity Scheduling (Group Training); and (c) Timely (Coached Lab). Please note that when you use (b) and (c), you are subject to the Acuity Scheduling and Timely’s terms of use. We shall not be liable for any loss or damage you may suffer arising from your use of these service providers.

4.2 To register to access and use Coached and any of the Services, you must be at least eighteen years of age. If you are younger than eighteen years of age, you must have your legal guardian agree to these terms of service.

4.3 By providing your personal data to us during the registration process, you consent to our use of such information for the purposes of providing you with the Services. You can view our full Privacy Policy here. You also warrant to us that such details are genuine, accurate and complete. You are responsible for the continued accuracy of the personal information provided to us. If there are changes to your personal information, please update it promptly or notify us so we can do it for you. We will never share any of your personal data without your consent.

4.4 Upon registering to use the Services, a Coached Account will be set up for you. You can access and use Coached and any of the Services through your Coached Account. If at any time you suspect that there has been any unauthorized use of your Coached Account, or any other breach of security that has led to your Coached Account being compromised, please notify us immediately.

4.5 If we have reason to believe that there has likely been a breach of security or misuse of Coached or the Website, we may temporarily suspend your Coached Account or require you to change your password. We’ll let you know!

4.6 You shall not access or attempt to access a Coached Account that you are not authorised to access (i.e. one that is NOT YOUR OWN).

4.7 By registering to access and use the Services, you agree that you shall only use the Services as permitted by these Terms of Service.

5. Trial Period

5.1 You may be given a free trial of the Services for such period as we may determine (“Trial Period”). By accepting the Trial Period, you acknowledge and agree that we have the absolute discretion to determine the rights and benefits you receive during the Trial Period, including, without limitation, the scope of your access to and use of the Website and the Services. You further acknowledge and agree that we do not represent or warrant the continued availability of any right or benefit during the Trial Period and may, at any time in our absolute discretion, revise, vary or withdraw any right or benefit previously granted to you.

6. Purchase Of Services

6.1 Full access to the Services shall only be granted to persons who have paid the relevant Service Fees. The only exception is if you are undergoing a Trial Period (you will not be charged the Subscription Fee during the Trial Period).

6.2 All payments shall be in SGD.

6.3 Payment of Service Fees will be processed by Stripe (or a similar payment gateway) and is subject to the terms and conditions of that payment gateway. We shall not be liable for any loss or damage you may suffer arising from your use of this payment method.

6.4 The Subscription Fee is recurring and will automatically be renewed for the period you chose when you registered. Please note that you are required to provide us with your credit card details when you sign up for Coached. Unless you cancel your membership, you will automatically be charged the Subscription Fee upon the completion of the Trial Period and the activation of your Coached membership. Your billing cycle for the Subscription Fee starts on the day your Coached membership is activated, and you will be billed according to your selection when you signed up.

6.5 If you deactivate and subsequently reactivate your Coached Account, you will not be entitled to a Trial Period. You will be billed the Subscription Fee upon such reactivation.

6.6 Coached will only support one training plan per Coached Account. Once that training plan is completed or reset by you, all information relating to that training plan will cease to be accessible or made available through Coached (but you will still be able to see your training history if you’ve faithfully logged your activities).

6.7 All Service Fees are non-refundable, except as expressly set out in these Terms Of Service.

7. Activity On Coached And The Website

7.1 You may from time to time submit content, information or material (“User Generated Content”) which may be published on the Website or Coached. You agree that we may delete, move or edit any User Generated Content which we in our sole discretion deem unsuitable.

7.2 You agree that your submission of User Generated Content is subject to the following:

a. User Generated Content you submit may be visible to other users of Coached, and thereby becomes public information.

b. You shall not advertise or promote the goods or services of any third party without our consent in writing.

c. You shall not submit any User Generated Content that contains or is linked to any unlawful, threatening, abusive, defamatory or indecent material. You shall not submit User Generated Content deliberately intended to upset other Coached users, or which is against public policy.

d. You represent and warrant that submitted User Generated Content does not infringe the intellectual property or other rights of any person or organisation.

e. You represent and warrant that submitted User Generated Content does not contain viruses or any other similarly harmful or contaminating components. and;

f. By submitting User Generated Content to Coached, you grant to us a perpetual, royalty-free, free of charge, worldwide, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such User Generated Content by all means and in any media now known or hereafter developed, both on Coached, the Website, and other online locations, and in other forms or media off the Internet.

g. You further consent to your name being used in connection with submitted User Generated Content, as well as in connection with all advertising, marketing and promotional material related thereto.

7.3 We cannot promise the accuracy, integrity or quality of User Generated Content submitted on Coached or the Website.

8. Cancellation Of Services

Our Right To Cancel

8.1 We are entitled to suspend (indefinitely or for such period as we may consider appropriate) or terminate your access to and use of Coached and/or any or all of the Services immediately by written notice to you if you have, or if we have reason to believe that you have, committed a breach of any of the provisions in these Terms Of Service.

8.2 We may need to cancel an appointment or group training session from time to time. This usually happens due to trainer illness, poor weather conditions or some other act out of our control.

8.3 In the event of trainer illness, we will notify you as soon as we can. You agree that we have the discretion to either provide a make-up session or refund the Lab Fee or Group Training Fee.

8.4 In the event of poor weather conditions we’ll aim to alter the session. In the event we can’t alter the session, the session will be cancelled. In this situation, there is strictly no refund.

Your Right To Cancel

Coached

8.5 We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your Subscription Fee directly inside Coached — no phone calls required, no questions asked.

8.6 To cancel your Subscription Fees, navigate to “My Account” by clicking on your profile picture (top-right of the platform). Click “Membership” and then “Cancel This Plan”.

8.7 You can continue using Coached until the end of your current billing cycle, which is when we will automatically stop billing you for the Subscription Fees and you will lose access to the Services.

Coached Lab

8.8 You are able to cancel your appointment booking without any charges or loss of sessions from your Testing Package up until twenty-four hours before your scheduled appointment. Should you not cancel your appointment before this time, or simply not show up for the appointment, the Lab Fee will be charged or deducted from your active Testing Package.

Group Training & 1:1 Coaching Sessions

8.9 You are able to cancel your session booking without any charges or loss of sessions from your Training Package up until two hours prior to session commencement time for regular group training sessions, and twenty-four hours for 1:1 coaching sessions, clinics or workshops. Should you not cancel your session before this time, or simply not show up for the session, a session will be deducted from your active Training Package or single session purchase.

9. Intellectual Property

9.1 All intellectual property in the Website and on Coached (including but not limited to our name, any of our trademarks, source code, or content) belongs to us or our content providers. Nothing in these Terms Of Service shall be construed as granting you a licence to use such intellectual property without our prior written consent and/or the prior written consent of our content providers.

9.2 You may retrieve and display the content of the Website and Coached on a computer screen and/or the screen of a portable device or print a copy of such content for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices. The content in the Website and Coached cannot otherwise be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. In addition, you agree that the content in the Website and Coached may not be used for commercial purposes or distributed commercially.

9.3 You shall not, and shall not attempt or assist another person to, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, the computer systems and other technology that operate the Website or any of the Services or create derivative works based on the Website or any of the Services. For the purposes of these Terms Of Service, “reverse engineering” shall include the examination or analysis of the Website, Coached or any of the Services to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Website, Coached or any of the Services (as the case may be).

9.4 You shall not remove any copyright or other proprietary notices if you download or print any content on the Website or which is otherwise made available to you through your access to and use of the Services.

9.5 You shall not attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the content on the Website or otherwise engage in any illegal activity in relation to Coached, or enable or assist any person to do so.

10. Acknowledgement And Waiver Of Liability

10.1 By accessing or using Coached or any of the Services, you acknowledge and agree that:

a. You are at least eighteen years of age.

b. The Services involve exercise, athletic training, racing and fitness activities and programmes, including the use of exercise and training equipment. You acknowledge that the foregoing are potentially hazardous activities and may involve a risk of injury or death. You agree that you use our Services (including tests at the Coached Lab, training methods and dietary information) voluntarily. To the extent permitted by law, you consent to and accept the risk of injury, illness or death arising from your use of the Services.

c. We do not represent or warrant that: (a) the Website or any of the Services will always be available or accessible; and (b) your access to and use of the Website or any of the Services will always be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code.

d. We continually seek to improve Coached and the Services and may from time to time schedule downtime (which we will tell you about beforehand) so that we can do so. However, your access to and use of Coached or the Services may occasionally be restricted without prior notice to allow for repairs, maintenance or the introduction of new facilities or services. In such situations, we will restore your access to and use of Coached and/or the Services as soon as we reasonably can.

e. You are responsible for seeking advice from a healthcare professional before participating in any exercise, athletic training, racing and fitness activity or programme, or in the use of exercise and training equipment, that is offered as part of the Services. You should be mindful of your current health and any restrictions that are applicable to you. Any information and advice we may give you should not be treated as a substitute for specific advice from qualified healthcare professionals. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

10.2 Everyone responds differently to training. We make no representation or warranty regarding the results you will or may achieve from any of the Services.

11. Disclaimer And Indemnity

11.1 All information provided by us is provided in good faith. From time to time, we may provide content from other internet sites or resources. While we use reasonable efforts to ensure that we are providing correct, reputable and high-quality content, we do not make any representation or warranty in relation to such content.

11.2 To the extent permitted by law, in no event will we, our officers, employees or agents, be liable to you for any direct, indirect, special, incidental or consequential injury, loss or damage which may be suffered or incurred by you or asserted against us by any person, firm or entity whatsoever, in connection with or arising out of: (a) your access to or use of, or any inability to access or use, Coached and/or any of the Services or any linked website; or (b) your reliance on any content or material obtained from or through Coached or any of the Services.

11.3 If, notwithstanding the provisions in the previous clause, we are held to be liable to you for any injury, loss or damage, whether in contract or tort (including negligence or breach of statutory duty) or otherwise in connection with or arising out of these Terms Of Service or your access to or use of the Website and/or any of the Services: (a) we will only be responsible for any direct injury, loss or damage that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use Coached; (b) we will not be liable for any indirect, special, incidental or consequential injury, loss or damage (including any loss of profits, revenue, business, goodwill, anticipated savings or data or business interruption); and (c) our aggregate liability to you shall in no event exceed S$990.

11.4 To the extent permitted by applicable law, you agree to indemnify us and our officers, employees or agents, from and against all claims, losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by us arising from your breach of any provision of these Terms Of Service and/or your use of the Services.

12. Applicable Law

12.1 These Terms Of Service are governed by the laws of the Republic of Singapore. You agree to be subject to the non-exclusive jurisdiction of the courts of the Republic of Singapore.

13. International Use

13.1 We make no promise that materials on the Website and Coached are appropriate or legal for use in locations outside of the Republic of Singapore. If you choose to access the Website and Coached from locations outside of the Republic of Singapore, you do so on your own initiative and at your own risk.

14. Miscellaneous

14.1 You may not transfer any of your rights under these Terms Of Service to any other person. We may transfer our rights under these Terms Of Service to another entity where we reasonably believe your rights will not be affected.

14.2 If any provision of these Terms Of Service is held by a court to be contrary to law, then such provision shall be interpreted to reflect the intention of the parties and shall not affect the enforceability of the remaining provisions.

14.3 If you breach these Terms Of Service and we choose not to take any action against you immediately, we shall nevertheless be entitled to enforce our rights and remedies at a later date and/or following your breaching these Terms of Service on any other occasion.

BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY.

Last updated: 17 August, 2021