Terms of Service
Version: September 2019
1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and SoreApp Fitness Limited., a company with its registered office at P.O. Box 51034, Accelerator Building, Masdar City, Abu Dhabi, UAE Registration number MC 12054) (“SoreApp”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the SoreApp application, website, call centre and technology platform (collectively, the “SoreApp Platform”). In many jurisdictions, the right to operate the SoreApp Platform is licensed by SoreApp Fitness Limited. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the SoreApp Platform in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the SoreApp Platform is available to you, the right to access and use the SoreApp Platform will be provided to you by our Affiliate in the United Arab Emirates Masdar FreeZone, SoreApp Fitness Limited.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SOREAPP PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SOREAPP PLATFORM.
Your access and use of the SoreApp Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and SoreApp. SoreApp may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the SoreApp Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
SoreApp may amend this Agreement from time to time. Amendments will be effective upon SoreApp’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the SoreApp Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
• OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. COMPANY will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
2. The SoreApp Platform
The SoreApp Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek fitness services, such as classes, facilities rentals and personal training services (“Services”) can be matched with person (“PT”) or local Fitness Centers (“Partners”) who can provide the Services. Each User shall create a User account that enables access to the SoreApp Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a PT or Partner to a User shall constitute a separate agreement between such persons or legal entity.
SoreApp Maintains the website https://www.soreapp.com/(“Site”)
Materials posted on the SoreApp Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the SoreApp Platform, or by anyone who may be informed of any of its contents.
We aim to update the SoreApp Platform regularly and may change the content at any time. If the need arises, we may suspend access to the SoreApp Platform and the Services, or close them indefinitely. Any of the material on the SoreApp Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER SOREAPP NOR ITS AFFILIATES PROVIDE FITNESS SERVICES OR A FITNESS PROVIDER, OR OWN ANY FITNESS FACILITIES AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SOREAPP OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, SoreApp grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the SoreApp Platform on your personal device solely in connection with your use of the SoreApp Platform; and (ii) access and use any content, information and related materials that may be made available through the SoreApp Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by SoreApp and SoreApp’s licensors.
Third Party Services and Content.
SoreApp Platform Ownership.
The SoreApp Platform and all rights therein are and shall remain SoreApp’s property or the property of SoreApp’s licensors. Neither this Agreement nor your use of the SoreApp Platform convey or grant to you any rights: (i) in or related to the SoreApp Platform except for the limited license granted above; or (ii) to use or reference in any manner SoreApp’s company names, logos, product and service names, trademarks or services marks or those of SoreApp’s licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under SoreApp’s various brands or request options, including Fitness request brands, the logistic request brands, and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including Fitness network company drivers or holders of similar Fitness permits, authorizations or licenses.
It is at SoreApp’s discretion which brands or request options are made available to you.
3. Use of the SoreApp Platform
In order to use most aspects of the SoreApp Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to SoreApp certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the SoreApp Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or SoreApp’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the SoreApp Platform.
Unless otherwise permitted by SoreApp in writing, you may only possess one Account.
User Requirements and Conduct.
The SoreApp Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Fitness services from PTs unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the SoreApp Platform, and you may only use the SoreApp Platform for lawful purposes. You will not, in your use of the SoreApp Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a PT, Partner, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the SoreApp Platform, and you agree that you may be denied access to or use of the SoreApp Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the SoreApp Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits and Referral Programs.
SoreApp, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with SoreApp. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). SoreApp reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that SoreApp determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SoreApp; (iii) may be disabled by SoreApp at any time for any reason without liability to SoreApp; (iv) may only be used pursuant to the specific terms that SoreApp establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) SoreApp may establish additional terms relating to specific promotions. SoreApp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SoreApp determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, SoreApp may provide you with or allow you to create a “SoreApp Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or PTs (“Referred PTs”) pr Partners (“Refferred Partners”). SoreApp Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your SoreApp Code. You are prohibited from advertising SoreApp Codes, including but not limited to on Google, Facebook, Twitter, Bing, Dubizzle and Craigslist or on any other digital platform or website owned or controlled by you or any other person. SoreApp reserves the right to deactivate or invalidate any SoreApp Code at any time in SoreApp’s sole discretion.
As part of your User account, SoreApp may provide you with access to a feature in the SoreApp application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“SoreApp Credit”); and/or (iii) transfer SoreApp Credit to or receive SoreApp Credit from other Users, against payment of any applicable SoreApp Fees and subject to any limits on the number of transfers or the amount of SoreApp Credit you can send and/or receive, which Fees and limits may be modified by SoreApp from time to time.
When transferring SoreApp Credit balance to another User, the amount transferred and the applicable SoreApp Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of SoreApp Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, SoreApp is merely enabling the transfer of SoreApp Credit balance and is no way responsible for the actions of the individual Users, including the reason for which SoreApp Credit is transferred by or to you.
You may be entitled to purchase bundles of SoreApp Credit (“SoreApp Bundles”) or you may receive trip discounts (“Trip Discounts”) or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.
SoreApp Bundles, SoreApp Credits, Trip Discounts and Service Discounts are only valid for use on the SoreApp Platform, and are not transferable or redeemable for cash and may only be used for certain Services. SoreApp Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on SoreApp Bundles, SoreApp Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. SoreApp may cancel, or vary the terms, relating to any SoreApp Bundles, SoreApp Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, SoreApp may offer you incentives to refer new Users to the SoreApp community (the “Referral Program”). These incentives may come in the form of SoreApp Credits, Trip Discounts and/or Service Discounts, and SoreApp may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
By becoming a User you are part of the SoreApp Loyalty Program (the “Program”). Users will accrue points through using the SoreApp service and will have access to a number of services and benefits (“Rewards”) depending upon a given tier status. Points required to achieve a tier status may differ from market to market.
Users can earn or maintain tier status based on their usage of SoreApp services in any calendar month. Once a User attains tiered status, it will remain in effect for 2 consecutive months. Any points earned through the Program will expire automatically at the end of the following reward period after the date of their accrual. Each calendar year is comprised of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st.
Rewards are offered at the discretion of SoreApp and may change from time to time. Rewards and participating partners may differ from market to market and brands may be added or deleted at the sole discretion of SoreApp. By redeeming Rewards you confirm that you agree to the terms of the Program.
SoreApp has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners, with or without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
SoreApp may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.
SoreApp makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Program. If any participating Rewards partner improperly denies a User an accrual or benefit, SoreApp shall have no liability for the same.
The Program has no predetermined termination date and may continue until such time as SoreApp decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.
SoreAppre serves the right to cancel a User’s access to the Program and revoke any and all unredeemed SoreApp Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by SoreApp in its sole discretion.
Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by SoreApp Fitness Limited luding, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier’s rules and restrictions may result in in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.
4. Charges and Payments
As a User, you agree to pay any amounts charged by SoreApp (the “SoreApp. Fee”) (if applicable in your jurisdiction) and amounts charged by PTs or Partners for providing Services to you (“Charges”).
24 hours before you will receive a Services from a PT or Partner, SoreApp: (i) may facilitate your payment of the applicable Charges on behalf of the PT or Partner as such PT’s or Partner limited payment collection agent and (ii) may collect any applicable SoreApp Fee directly from you or, in the case of a cash payment, from the relevant PT or Partner. Payment of the Charges and SoreApp Fee in the above manner shall in all cases be considered the same as payment made directly by you to the PT or to Partner or to SoreApp, as applicable. Charges and SoreApp Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and SoreApp Fees paid by you are final and non-refundable, unless otherwise determined by SoreApp.
All Charges and SoreApp Fees are due immediately and payment will be facilitated by SoreApp using the preferred payment method designated in your Account, after which SoreApp or a PT or a Partner, as applicable, will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SoreApp may cancel your service booking with PT or Partners.
As between you and SoreApp, SoreApp reserves the right to establish, remove and/or revise SoreApp Fees at any time in SoreApp’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and SoreApp Fees applicable in certain geographical areas may increase substantially during times of high demand. SoreApp will use reasonable efforts to inform you of Charges and SoreApp Fees that may apply, provided that you will be responsible for Charges and SoreApp Fees incurred under your Account regardless of your awareness of such Charges or SoreApp Fees, as applicable, or the amounts thereof.
Cardholder must retain a copy of transaction records and Merchant policies and rules.
Payment Confirmation: Once Payment is made, SoreApp Platform Customers, will receive payment confirmation by email, text message & notification on the mobile phone within 24hr of the receipt of payment.
UNLESS OTHERWISE SPECIFIED FITNESS CLASSES, PT AND FACILITY RENTAL RESERVATIONS BOOKED WITH CREDIT OR DEBIT CARDS WILL BE PROCESSES 24HOURS BEFORE THE SELECTED CLASS, PT SESSION OR FACILITY RENTAL STARTING DATE.
IN THE EVENT USER CANCEL THE FITNESS CLASS, PT SESSION AND/OR FACILITY RENTAL RESERVATION UP TO 24HOURS BEFORE THE STARTING DATE, THE PAYMENT WILL NOT BE EXECUTED AND THE USER WILL NOT BE CHARGED.
IN CASE THE CUSTOMER CANCEL THE FITNESS CLASS, PT SESSION, AND OR FACILITY RENTAL AFTER 24 HOURS PRIOR THE STARTING DATE, THE PAYMENT WILL BE EXECUTED AND THE USER MIGHT BE REFUNDED ONLY AS SPECIFIED BY THE REFUND POLICY BELOW.
IN CASE THE CUSTOMER TO WANTS CANCEL THE FITNESS CLASS, PT SESSION, AND OR FACILITY RENTAL AFTER 24 HOURS PRIOR THE STARTING DATE, PLEASE CONTACT SOREAPP ADMIN ON +971 50 667 60 71 OR WRITE AND EMAIL TO email@example.com AND SOREAPP WILL TRY TO FIND AN ALTERNATIVE SOLUTION.
If the customer attends a booking, but the PT doesn’t show up or the Fitness Class it was not performed for any reason, than customer shall contact SoreApp Admin on +971 50 667 60 71 or write an email to firstname.lastname@example.org and SoreApp will refund the cost of this Session or SoreApp will issue a voucher to be used to book another service free of charge.
If customer attends a booking and the service it’s not of his/her satisfaction, unfortunately the customer will not be eligible for a Full Refund of the cost of this Session, as SoreApp has to bear the costs of the PT or the Partner Fitness Facility. However please do not hesitate to contact SoreApp Admin on +971 50 667 60 71 or write an email to email@example.com as SoreApp is committed to quality and we will try to find alternative solutions to keep you satisfied with our service.
MULTI-CURRENCY PRICED TRANSACTION
the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, PT vehicles and property resulting from use of the SoreApp Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a PT reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by SoreApp in SoreApp’s reasonable discretion, SoreApp reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the PT using any of your payment methods. Such amounts will be transferred by SoreApp to the applicable PT and are non-refundable.
5. Restricted Activities
With respect to your use of the SoreApp Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the SoreApp Platform or the servers or networks connected to the SoreApp Platform (v) post information or interact on the SoreApp Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the SoreApp Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SoreApp Platform (x) “frame” or “mirror” any part of the SoreApp Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SoreApp Platform or any software used on or for the SoreApp Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the SoreApp Platform or access to any portion of the SoreApp Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the SoreApp Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a PT shall be permitted to refuse to provide you Services or, if such Services have commenced, a PT shall be permitted to refuse to continue to provide you Services.
6. Disclaimers; Limitation of Liability; Indemnity
THE SOREAPP PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOREAPP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SOREAPP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SOREAPP PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE SOREAPP PLATFORM, OR THAT THE SOREAPP PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SOREAPP AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PTS OR PARTNERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOREAPP PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SoreApp and its Affiliates are not responsible for the conduct, whether online or offline, of any User, PT, Partner or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, PTs , Partners or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left in a facility.
By using the SoreApp Platform and participating in the Services, you agree to accept such risks and agree that SoreApp is not responsible for the acts or omissions of Users, PTs, Partners or any other third party.
SoreApp and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the SoreApp Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SoreApp, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SoreApp Platform. Any of your information, including geolocational data, you upload, provide, or post on the SoreApp Platform may be accessible to SoreApp, selected partners and relevant PTs.
LIMITATION OF LIABILITY.
SOREAPP AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SOREAPP PLATFORM OR SERVICES, EVEN IF SOREAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOREAPPAND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SOREAPP PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SOREAPP PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PT OR OTHER THIRD PARTY PROVIDER, EVEN IF SOREAPP OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOREAPP AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PTS AND PARTNERS PROVIDING FITNESS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER FITNESS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SOREAPP’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SOREAPP PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE SOREAPP PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH PTS AND PARTNERS BUT YOU AGREE THAT SOREAPP, ITS AFFILIATES, PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY PTS AND PARTNERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold SoreApp, its Affiliates, PTs, Partners and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the SoreApp Platform and the Services or services or goods obtained through your use of the SoreApp Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including PTs and Partners.
1. General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, SoreApp will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). SoreApp may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, SoreApp reserves the right to offer an alternative prize of equal or greater value if circumstances beyond SoreApp’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to SoreApp’s communication within the communicated timeframe, SoreApp reserves the right to offer the prize to the next eligible Entrant. SoreApp will not be liable if the Prize does not reach the Competition Winner for reasons beyond SoreApp’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither SoreApp nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside SoreApp’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL SOREAPP’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
SoreApp reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then SoreApp shall have the sole discretion to decide finally on any such matter. SoreApp’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
8. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the SoreApp Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and SoreApp Fitness Limited if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SoreApp are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and SoreApp and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the SoreApp Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to SoreApp at firstname.lastname@example.org
SoreApp may give notice by means of a general notice on the SoreApp Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to SoreApp by written communication to SoreApp’s email address at email@example.com.
You may not assign or transfer your rights under this Agreement in whole or in part without SoreApp’s prior written approval. You give your approval to SoreApp for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of SoreApp’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, SoreApp or any PT and Partners as a result of the contract between you and SoreApp or use of the SoreApp Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.