Terms & Conditions

TERMS OF SERVICE

This Terms of Service (this “Agreement”) applies to all services and products (the “Services”) provided by Pack Performance Ltd. (“Pack Performance”). Please read this Agreement carefully before registering.

ACCEPTANCE

BY PURCHASING COACHING SERVICES OR TRAINING PLAN, YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THE PURCHASE OR REGISTRATION. 

The effective date of this Agreement is the date you purchase a service or training plan.

SERVICES

Pack Performance provides a platform for people to connect with endurances coaches and professionals. The Services are offered in packages specified on our website, which may be updated from time-to-time. Pack Performance facilitates the Services by providing endurance/strength coaches, scheduling tools, a video chat platform, and training log.

With the purchase of a coaching service or training plan, you will receive a daily plan and training log for the duration of each package.

YOUR RESPONSIBILITIES

You are responsible for:

·   completing the registration process accurately by providing all the required information;

·   continuing to utilise medical professionals as you normally would;

·   immediately seeking professional medical attention if you experience illness or medical complications;

·   providing accurate payment information;

·   making best efforts to maintain scheduling commitments;

·   communicating honestly and truthfully with your coach;

·   disclosing any relevant information to your coach, including injuries, food allergies, or relevant medical information to your coach;

·   reading, understanding, and complying with any Liability Release and Waiver and our Privacy Policy.

·   scheduling all video chat sessions

·   ensuring that all activity occurring under your account abides by all local legislation.

PROHIBITED USES

You agree NOT to:

·   push your body outside what would normally be considered safe;

CONSULTATIONS

YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED BY PACK PERFORMANCE IS NOT MEDICAL ADVICE AND SHOULD NOT BE UTILISED IN LIEU OF PROFESSIONAL MEDICAL ATTENTION. 

PAYMENT 

The Services must be paid for by in advance when purchasing. 

TERMINATION

Pack Performance reserves the right to refuse your registration, cancel your account, or terminate the Services if we deem it inappropriate or if you violate the terms of this Agreement.

CANCELLATIONS & REFUNDS

Once a package is purchased, it is not cancellable or refundable. 

OWNERSHIP – NO LICENCE

This is an Agreement for Services, and you are not granted a licence or any rights of ownership in or to the Services. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property rights in the Services will remain the sole property of Pack Performance. Any work product and deliverables related to the Services, including methods, processes, notes, designs, curriculum, forms, or other documents belong to Pack Performance. Any intellectual property and information, such as feedback, advice, information, ideas, or designs that you give to Pack Performance will belong to Pack Performance and you will receive no compensation for such information. All rights not expressly granted to you in this Agreement are reserved by Pack Performance.

PACK PERFORMANCE RIGHTS

Pack Performance retains the right to: 

·   make updates, changes, or improvements to the Services as needed; 

·   access your account to make updates, changes, or improvements to the Services, as needed; 

·   disclose, discuss, or otherwise divulge any information provided by you within the Services within Pack Performance

WARRANTY DISCLAIMER

Pack Performance represents and warrants that it will provide the Services in a manner consistent with general industry standards.  Pack Performance makes no other representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any content. The Services are provided to you on an “AS IS” basis. By accepting this Agreement, you acknowledge that the Services may not always operate properly. Your exclusive remedy and Pack Performance’s sole obligation in the event of any warranty claim shall be for Pack Performance to remedy the Services or provide a voucher for replacement Services.

Pack Performance DOES NOT represent or warrant that:

·   the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

·   the Services will improve your endurance performance;

·   the Services will remain consistent during any given period, as Pack Performance reserves the right to make changes to, improve the Services, or add and remove product features at any time;

Pack Performance is not responsible nor liable for the deletion, correction, destruction, damage, loss or failure to store any of your data. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PACK PERFORMANCE.

LIMITATIONS ON LIABILITY

YOU AGREE TO THE PACK PERFORMANCE LIABILITY WAIVER SIGNED WHEN AGREEING SERVICES. 

CHANGES

Pack Performance may make changes to this Agreement at any time with or without notice to you. You are responsible for periodically checking for changes to this Agreement. Your continued use of the Services after publishing changes constitutes your acceptance of any such changes.

Updated May 2022