T&Cs

Terms and Conditions for GymCoachingOnline

Effective Date: 09.12.2024

1. Introduction

Welcome to GymCoachingOnline (referred to as "we," "us," or "our"). By using our website (https://www.gymcoachingonline.com) and purchasing our services or products, you agree to comply with these Terms and Conditions.

GymCoachingOnline operates under Swiss law and provides fitness-related products and services to customers worldwide, including in the United States. Please read these terms carefully before proceeding.

2. Company Information

  • Company Name: GymCoachingOnline
  • Headquarters: Zürcherstrasse 242, 8500 Frauenfeld, Switzerland
  • Email: info@gymcoachingonline.com

3. Applicability

These Terms and Conditions govern all access to and use of the GymCoachingOnline website (https://www.gymcoachingonline.com) and all purchases of products or services offered through the platform.

This includes, but is not limited to:

  1. Customers worldwide, including those residing in the United States, regardless of their location at the time of accessing the site or purchasing our services.
  2. All forms of interactions, including browsing, creating accounts, subscribing to services, and engaging with our online coaching programs.
  3. Any digital content, guidance, or resources provided by GymCoachingOnline, whether paid or free.

By accessing the GymCoachingOnline website, registering for an account, or purchasing any products or services, you:

  • Agree to be bound by these Terms and Conditions in their entirety.
  • Acknowledge that GymCoachingOnline operates under Swiss law and that your use of the platform is subject to this jurisdiction, unless otherwise stated.
  • Confirm that you meet the eligibility requirements as defined in these Terms, including being of legal age or having the consent of a parent or guardian if under 18 years old.

If you do not agree with any part of these Terms and Conditions, you must immediately discontinue your use of the GymCoachingOnline website and services.

4. Online Services Disclaimer

GymCoachingOnline is an online-only platform offering fitness coaching, training plans, and related services. All interactions, guidance, and materials are delivered digitally through email, chat, or similar online platforms. We do not provide any in-person consultations, services, or physical locations for meetings or training.

Scope of Online Services

  1. Virtual Communication Only:

    • All coaching, support, and feedback are provided exclusively through digital channels.
    • There are no face-to-face sessions or physical products included in our services unless explicitly stated.

  2. Self-Directed Implementation:

    • The fitness and dietary plans provided are intended for self-directed use. Users are responsible for implementing the advice and plans provided at their own discretion.
    • GymCoachingOnline does not monitor individual progress or performance beyond the scope of digital communication.

Informational and Educational Purpose Only

Our services are designed for informational and educational purposes and are not intended to diagnose, treat, or cure any medical condition. GymCoachingOnline does not provide:

  • Medical advice, treatment, or prescriptions.
  • Guarantees regarding fitness or health outcomes.

Users are strongly advised to:

  1. Consult a healthcare professional before starting any fitness, exercise, or dietary program, particularly if they have pre-existing medical conditions or injuries.
  2. Ensure they are medically and physically fit to participate in any activities or programs recommended by GymCoachingOnline.

Limitations of Online Services

  • GymCoachingOnline does not assume responsibility for users' adherence to or execution of provided plans.
  • The effectiveness of any service depends on the user’s effort, consistency, and adherence to the program.
  • Any technical issues, such as internet connectivity or access to communication platforms, are beyond the scope of GymCoachingOnline’s liability.

Acknowledgment

By using our services, you acknowledge and agree that GymCoachingOnline operates solely as an online platform. You assume full responsibility for your participation in any fitness or dietary program and release GymCoachingOnline from liability for any adverse effects, injuries, or results.

This expanded disclaimer ensures clarity about the nature of GymCoachingOnline’s services and the user’s responsibilities, reducing potential misunderstandings or legal risks.

5. Payment Terms

5a. Currency and Pricing

  • All prices for products and services on the GymCoachingOnline website are listed in USD (United States Dollars)unless explicitly stated otherwise.
  • Pricing is subject to change at any time without prior notice. However, once an order is confirmed, the price at the time of purchase will be honored.
  • Any promotional or discount codes must be applied at the time of purchase and cannot be retroactively applied.

5b. Payment Methods

  • Payments are securely processed through trusted third-party providers, including but not limited to PayPal, Stripe, or equivalent payment gateways.
  • By providing your payment information, you authorize GymCoachingOnline or its payment processors to charge the full amount to your selected payment method.
  • GymCoachingOnline does not store sensitive payment information (e.g., credit card details). All transactions are encrypted and handled by the payment provider in compliance with industry security standards.

5c. Taxes, Duties, and Fees

  • United States Customers:
    • Customers are solely responsible for any applicable sales tax, state or local taxes, or other governmental fees based on their location. These charges may be added to your total at checkout if required by law.
    • If purchasing physical products shipped internationally, customers are responsible for any import duties, customs fees, or other applicable charges assessed by their local authorities.
  • Non-U.S. Customers:
    • Customers outside of the United States are responsible for any VAT, GST, or other taxes imposed by their respective jurisdictions.

5d. Payment Terms for Subscriptions

  • If you purchase a subscription-based service, you agree to recurring billing based on the subscription plan you select (e.g., monthly or annually).
  • Automatic Renewal: Subscriptions automatically renew at the end of the billing period unless canceled at least 48 hours prior to the renewal date.
  • By agreeing to these Terms, you accept responsibility for all recurring charges until the subscription is canceled.
  • Refunds for subscription charges are not provided once a billing period has started.

5e. Failed Payments

  • If a payment fails or is declined, access to services may be suspended until the outstanding balance is resolved. You may be contacted to provide an alternative payment method to complete your purchase.

5f. Refund Policy

  • Due to the digital nature of our products and services, all sales are final unless otherwise specified in our Refund Policy.
  • Refund requests based on technical issues or service errors will be reviewed on a case-by-case basis. To request a refund, you must contact info@gymcoachingonline.com within 14 days of purchase.

 

    6. Refund Policy

    At GymCoachingOnline, we strive to ensure customer satisfaction. However, due to the digital nature of our products and services, all sales are final. Refunds or exchanges will only be provided under the following exceptional circumstances:

    1. Technical Issues:

      • If technical problems on our end prevent access to purchased content, and these issues cannot be resolved within a reasonable timeframe.

    2. Defective Products or Services:

      • If the purchased product or service is proven to be defective, incomplete, or otherwise fails to meet the description provided at the time of purchase.

    Conditions for Refund Requests

    • Timeframe: Refund requests must be submitted within 14 days of the original purchase date.
    • Submission Process: To request a refund, you must contact us at info@gymcoachingonline.com with the following information:
      • Your name and email address used for the purchase.
      • The order number or receipt.
      • A detailed explanation of the issue, along with any relevant evidence (e.g., screenshots).

    Exclusions

    Refunds will not be provided for the following:

    • Dissatisfaction with the product or service without valid technical or quality-related reasons.
    • Failure to use the product or service due to customer negligence (e.g., forgetting to download materials or follow the provided instructions).
    • Requests made after the 14-day window.

    Resolution Timeline

    All refund requests will be reviewed on a case-by-case basis. You will receive a response within 7 business days of submitting your request. If approved, refunds will be processed within an additional 7-10 business days, depending on your payment provider.

    7. Intellectual Property

    All content on the GymCoachingOnline website and related platforms, including but not limited to text, graphics, logos, videos, designs, trademarks, software, and other proprietary materials, is the exclusive property of GymCoachingOnline or its licensors. This content is protected by copyright, trademark, and other intellectual property laws.

    Prohibited Actions:
    You may not copy, reproduce, distribute, modify, publish, transmit, display, sell, license, or otherwise exploit any content from GymCoachingOnline without prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and constitutes a violation of these Terms and applicable laws.

    Penalties for Violation:
    If you are found to have infringed on our intellectual property rights, GymCoachingOnline reserves the right to:

    1. Take legal action to the fullest extent permitted by law.
    2. Seek monetary damages, including but not limited to a statutory penalty of $100,000 USD for each infringement, in addition to compensatory damages for losses incurred.
    3. Obtain an injunction to prevent further unauthorized use or distribution of our content.

    Notice and Takedown Requests:
    If you believe any content on our platform infringes your intellectual property rights, please contact us at info@gymcoachingonline.com with detailed information, including proof of ownership. We will review and address valid claims promptly.

    Acknowledgment:
    By using our services, you acknowledge and agree to respect our intellectual property rights and understand the consequences of non-compliance.

    8. User Obligations

    By using our website, you agree to:

    • Provide accurate and truthful information when creating an account or making a purchase.
    • Use our services responsibly and not share purchased materials with third parties.
    • Avoid uploading harmful, offensive, or unlawful content.

    We reserve the right to suspend or terminate accounts for violations of these terms.

    9. Limitation of Liability

    To the fullest extent permitted by law, GymCoachingOnline and its owners, employees, affiliates, and partners disclaim all liability for any direct, indirect, incidental, special, or consequential damages, including but not limited to:

    1. Health and Fitness Risks:

      • Any personal injuries, medical conditions, or adverse effects arising from the use or misuse of our services, products, or recommendations.
      • Customers are solely responsible for ensuring they are medically and physically fit to engage in fitness or dietary activities. Consultation with a healthcare professional is strongly recommended before utilizing our services or implementing our guidance.

    2. Service Limitations and Errors:

      • Any interruptions, errors, delays, or inaccuracies on our website, in our services, or in the content provided.
      • The use of third-party platforms (e.g., payment processors or communication tools) beyond our control.

    3. No Guarantees of Results:

      • GymCoachingOnline does not guarantee specific results from its coaching, training plans, or dietary programs, as outcomes depend on individual effort, adherence, and external factors beyond our control.

    4. Loss or Damage to Data:

      • Loss or unauthorized access to data due to external factors, including hacking, technical failures, or misuse by the customer.

    5. Maximum Liability:

      • In all cases, our liability is strictly limited to the amount the customer paid for the specific product or service giving rise to the claim.
      • We shall not be held liable for punitive damages, loss of revenue, or other indirect financial damages.

    Acknowledgement of Risks:
    By using our services, you acknowledge that:

    • All fitness and dietary activities carry inherent risks.
    • GymCoachingOnline is not a substitute for professional medical advice, and you assume all responsibility for any risks or injuries incurred.

    Indemnification:
    You agree to indemnify and hold GymCoachingOnline, its owners, employees, and affiliates harmless from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of our website, products, or services.

    This Limitation of Liability applies to the fullest extent permitted by applicable law, regardless of the legal basis for the claim, including contract, tort, or negligence. If any provision of this section is found unenforceable, the remaining provisions shall remain in effect.

    10. Governing Law and Jurisdiction

    These Terms and Conditions are governed by the laws of Switzerland, as GymCoachingOnline is a company headquartered and operating from Switzerland. All matters relating to the interpretation, validity, and enforcement of these Terms and Conditions shall be determined under Swiss law.

    Jurisdiction for Disputes

    1. Primary Jurisdiction:

      • Any disputes, claims, or controversies arising out of or related to these Terms and Conditions, the website, or the services provided by GymCoachingOnline shall be exclusively resolved in the competent courts of Frauenfeld, Switzerland, unless otherwise mandated by applicable laws.

    2. For Customers in the United States:

      • While GymCoachingOnline primarily operates under Swiss law, transactions involving customers in the United States are subject to applicable U.S. federal and state laws, but only to the extent such laws do not conflict with Swiss law.
      • In cases of legal disputes, customers agree to submit to the exclusive jurisdiction of the Swiss courts, waiving any claim to alternative jurisdictions or forums.

    3. International Dispute Resolution:

      • For cross-border disputes, GymCoachingOnline reserves the right to seek arbitration or mediation as an alternative resolution method, in compliance with international commercial arbitration rules.
      • Any arbitration proceedings will be conducted in Switzerland under Swiss law, and the decision of the arbitrator shall be binding and enforceable in all jurisdictions.

    Acknowledgment of Jurisdiction

    By accessing the GymCoachingOnline website, purchasing services, or engaging with our platform, you explicitly:

    • Agree to Swiss law as the governing law.
    • Waive the right to challenge the jurisdiction of Swiss courts, even if residing or conducting business in a different country.
    • Accept that any claims filed outside of Switzerland may be subject to dismissal due to lack of jurisdiction.

    11. Privacy and Data Protection

    At GymCoachingOnline, we prioritize the protection of your personal data and are committed to ensuring its confidentiality and security. Your data is processed in accordance with our Privacy Policy, which adheres to Swiss data protection laws, including the Swiss Federal Act on Data Protection (FADP), as well as applicable international standards, such as the General Data Protection Regulation (GDPR) for customers within the European Union.

    Scope of Data Collection and Processing

    By using our website and services, you consent to the collection, processing, and storage of your personal data for the following purposes:

    1. Service Delivery:
      • To provide and personalize fitness coaching services and digital content.
    2. Communication:
      • To respond to inquiries, provide updates, and send transactional or promotional emails.
    3. Improvement of Services:
      • To analyze usage patterns, improve user experience, and enhance website functionality.
    4. Legal Compliance:
      • To comply with legal obligations, including fraud prevention and security requirements.

    Data Protection Measures

    We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized access, alteration, disclosure, or destruction. These include:

    • Secure data encryption (e.g., TLS/SSL for online transmissions).
    • Regular audits and monitoring of our systems for vulnerabilities.
    • Controlled access to sensitive data, restricted to authorized personnel only.

    International Data Transfers

    Your data may be processed or stored on servers located outside your home country. In such cases, GymCoachingOnline ensures that all transfers comply with Swiss data protection laws and international frameworks, such as the EU Standard Contractual Clauses (SCCs), to guarantee a high level of data protection.

    Your Rights

    As a user of our services, you have the following rights concerning your personal data:

    1. Access and Portability: Request a copy of the data we hold about you.
    2. Correction: Update or correct inaccuracies in your personal data.
    3. Deletion: Request the deletion of your data where legally permissible.
    4. Restriction: Limit the processing of your data under certain conditions.
    5. Objection: Object to the processing of your data for marketing or other purposes.
    6. Withdrawal of Consent: Revoke your consent for data processing at any time.

    To exercise any of these rights, please contact us at info@gymcoachingonline.com. We aim to respond to all requests within the statutory timeframes.

    Third-Party Data Handling

    We may share your data with trusted third-party service providers solely for purposes such as payment processing, email communication, and website hosting. These providers are contractually obligated to protect your data and use it only for specified purposes.

    Acknowledgment

    By using GymCoachingOnline’s services, you acknowledge and agree that your personal data will be collected and processed as outlined in this section and in our Privacy Policy.

    For detailed information, please review our full Privacy Policy.

    12. Modifications to Terms

    GymCoachingOnline reserves the right to amend or update these Terms and Conditions at any time at its sole discretion. Any changes will become effective immediately upon their publication on our website, unless otherwise stated.

    Notification of Changes

    • Posting Updates: Updated Terms and Conditions will be prominently displayed on our website, along with the effective date of the changes.
    • Direct Notification: For significant changes affecting your rights or obligations, we may notify you directly via email or other means, provided you have an active account or ongoing subscription.

    User Responsibility

    It is your responsibility to review the Terms and Conditions periodically for updates. Continued access to or use of the website, products, or services after any changes are posted constitutes your acceptance of the modified terms.

    Scope of Changes

    Changes may include, but are not limited to:

    1. Updates to legal compliance requirements.
    2. Modifications to the scope of our services or product offerings.
    3. Adjustments to payment, refund, or subscription policies.
    4. Revisions to liability and privacy provisions.

    Dispute Resolution for Amendments

    If you do not agree with any modification to the Terms and Conditions, your sole remedy is to discontinue the use of our services and cancel your account or subscription where applicable. Any disputes arising from amendments will be governed by the governing law and jurisdiction provisions outlined in these Terms.

    13. Contact Information

    For questions or concerns regarding these Terms, please contact us at:

    By using our website or purchasing our services, you acknowledge and agree to these Terms and Conditions.

    These Terms and Conditions were last updated on 09.12.2024