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Terms & Conditions
2 years ago

Terms & Conditions

Version 1,
Effective Date 10/04/2021


1. These Terms

1.1 Podium Technologies Limited (trading as “Pod1um”) (“we”, “us”, “our”) provides access to the world’s largest network of trusted sports professionals through its website and application with the objective of connecting sports professionals (“Coaches”) to those seeking to enhance their fitness goals through either monthly plans or bespoke training plans (together the “Plan”), monthly webinars, workout support and monthly calls with the chosen Coach, depending on the package subscribed for (the “Services”). The Services are accessible through Pod1um’s Site or Application.

1.2 These are the Terms of Service (the “Terms”), on which we supply the Services to you. Please read these Terms carefully before you use the Services. These Terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information. 

1.3 The Site, Application and Services comprise a platform through which individuals may connect with sports professionals to obtain Plans which users may avail of. Pod1um is not a party to any agreements entered into between you as a User and Coaches. Pod1um has no control over the Users, Coaches and other users of the Site, Application and Services, and disclaims all liability in this regard to the fullest extent permitted by law.

1.4 If you choose to create an account with Pod1um, you understand and agree that your relationship with Pod1um is limited to being a Pod1um Account holder, and not an employee, agent or partner of Pod1um for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Pod1um. 

1.5 Pod1um does not control, and has no right to control or alter your Plan, or any other matters related to any Plan. As a Pod1um Account holder you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Pod1um. 

2. Information About Us

2.1 Who we are. We are Podium Technologies Limited (trading as “Pod1um”) a company registered in Ireland. Our company registration number is 686352 and our registered office is at Athletic Grounds, Claremount, Claremorris, Co. Mayo, F12KX63. 

2.2 You can contact us through the Site or the Application. If we have to contact you we will do so through the Application, by telephone or by writing to you at the email address or postal address you provide to us.

2.3 The defined terms set out in clause 16 apply to these Terms. When we use the words “writing” or “written” in these Terms, this includes emails.

3. Our Services

3.1 By using the Site, Application or Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User of the Services. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and Pod1um.

3.2 The terms of our privacy policy from time to time, available at [●] (“Privacy Policy“) are incorporated into these Terms by reference. Additionally, by using the Site, Application or Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Site, Application or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 

3.3 By using the Site, Application or Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms whether or not you have registered with the Site, Application or Services. If you do not agree to these Terms, you have no right to continue using the Site, Application or Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

3.4 The Site and Application can be used to facilitate the Services. Unless explicitly specified otherwise, Pod1um’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

3.5 We may have to suspend the availability of the Site, Application and Services to:

3.5.1 deal with technical problems or make minor technical changes; or

3.5.2 update the Services to reflect changes in relevant laws and regulatory requirements.

4. POD1UM Accounts

4.1 In order to access certain features of the Site, Application or Services, and to connect with a Coach, you must register to create an account (a “Pod1um Account“).Subject to any restrictions set out in clause 7, the Site, Application and Services are intended solely for persons who are eighteen or older. Any attempt to open a Pod1um Account by anyone under eighteen is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are eighteen or older.

4.2 To open a Pod1um Account you must provide true and accurate information as is required in any registration form. You further acknowledge that you shall regularly update such information to keep it true and accurate. You shall provide your email address and/or contact number, choose a password and keep these details confidential and up-to-date so that both Pod1um and your chosen Coach can communicate with you. 

4.3 You will receive, or will be permitted to create, username and password information (“Sign-On Credentials“). If you create your own Sign-On Credentials, such Sign-On Credentials are subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason.

4.4 You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials and within your Pod1um Account. You shall not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You shall immediately notify us at https://pod1um.com/contact-us of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this clause or from unauthorized use of the Sign-On Credentials.

4.5 You can create your Sign-On Credentials on the Services through the Site, Application or through your account with Facebook. If you choose the Facebook account option, we will create your Sign-On Credentials by extracting from your Facebook account certain personal information such as your name and email address and other personal information that your privacy settings on your Facebook account permit us to access.

4.6 You, as the User, acknowledge that:-

4.6.1 You are wholly responsible for all activity conducted on your Pod1um Account, for all Content posted through your Pod1um Account and for all fees incurred through your Pod1um Account; 

4.6.2 It is wholly your responsibility to notify us of any unauthorised or suspected unauthorised access to your Pod1um Account through the contact methods made available through the Services. In certain circumstances, we may temporarily disable part or all of a Pod1um Account if you report such unauthorised use or we detect unusual Pod1um Account activity; and      

4.6.3 You acknowledge that we reserve the right to remove or suspend a Pod1um Account at any time if we deem it to be in breach of these Terms or engaged in inappropriate activity.

5. Plan

5.1 As a User, you may access a Plan on the Services. To obtain access to a Plan, you will be required to provide details through the Application. 

5.2 Any agreement or Plan entered into between a User and a Coach is between the User and the Coach and Pod1um is not a party to it.

5.3 Subject to clause 9.3, by using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Coaches or other third parties will be limited to a claim against the particular Users, Coaches or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pod1um with respect to such actions or omissions.

6. Content

6.1 Whenever you make use of a feature that allows you to upload Content and make it available through the Application or Services, or to make contact with other users of the Application or Services, you must comply with any content standards that may be notified to you prior to uploading and in any case such Content must not include any material set out in clause 6.7.  

6.2 You warrant that any such Content will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. 

6.3 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded to the Application or Services constitutes a violation of their intellectual property rights, or of their right to privacy.

6.4 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you, any other user of the Application or Services or any Coach.

6.5 We have the right to remove any Content you may make available through the Application or Services if, in our opinion, your Content does not comply with our content standards as may be notified to you from time to time or which may include any material as set out in clause 6.7. 

6.6 The views expressed by other users of the Application or Services do not represent our views or values.

6.7 Content which may not be uploaded to the Application or Services includes, but is not limited to:-

6.7.1 Content or material promoting or containing links related to graphic or explicit violence or which is hate, offensive, defamatory, profane, discriminatory or that is offensive in any way to a specific race/ethnic group, national origin, colour, religion, sex, sexual orientation, language, or any other legally protected status; 

6.7.2 Content or material promoting or containing links related to illegal activities; 

6.7.3 any material promoting or containing links related to content not appropriate for people under the age of eighteen; 

6.7.4 Content or material promoting or containing links related to gambling, online casinos, weapons, ammunition (e.g., firearms, fighting knives, stun guns), sales and excessive use of tobacco, electronic cigarettes, alcohol; 

6.7.5 Content or material promoting or containing links that are disparaging to Pod1um; 

6.7.6 Content or material promoting or containing links that are libellous, harassing, abusive, unlawful, fraudulent, containing phishing activities from fraudulent background, where the user is supposed to give personal information (telephone number, bank details and etc.); 

6.7.7 Content that has links or promotes activities that are understood or seen as internet abuse including but not limited to, use of spyware, malware, bad ware, corrupted files viruses, or other materials that are intended to or damage or render inoperable software of hardware or use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers”, data mining tools etc. that accesses the Services; 

6.7.8 Content or material promoting or containing links that violate or infringe upon any third party intellectual property rights or any other third party rights, including but not limited P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement; or

6.7.9 Content or materials showing flashing, shaking creatives and misleading banners, including but not limited to imitating activities from known brands, featuring pay per click or pay per search programs, chat/instant messaging, video chat and live streaming, and/or malicious or suspicious activity.

7. Application Requirements

7.1 In order to avail of the Services made available through the Application, the User warrants and represents to Pod1um and any Coach that the User shall at all times comply with the Application Requirements.

7.2 Pod1um reserves the right to reject any attempt by any person to register as a User and/or to de-register any person who has previously been successfully registered as a User, in the event that Pod1um has reason to believe that such person does not comply with any Application Requirements. Any User who fails, or subsequently ceases, to comply with the Application Requirements undertakes immediately to de-register themselves as a User. Any Plans obtained by any person who has not been successfully registered as a Pod1um Account holder, or has been de-registered, shall be deemed to have been cancelled by the User.

7.3 Each User will be personally liable for any offence committed during that User’s use of the Service. Upon the request of any police force or any official body, Pod1um retains the right to transfer your personal data as required.

8. Use of the Services

8.1 You warrant and represent that under no circumstances will you use the Site, Application or Services for any of the following:-

8.1.1 You will not (i) violate any third parties right to privacy, (ii) seek to intimidate or harass another user of the Site, Application or Services or (iii) upload false, abusive, threating or inappropriate messages;

8.1.2 You will not post unauthorised commercial communications (such as spam or junk mail) or engage in distributing mass unsolicited communications via the Services;

8.1.3 You will not impersonate another user or solicit or attempt to solicit information or gain access to another user’s Pod1um Account;

8.1.4 You will not collect other users’ content or information without their express prior permission;

8.1.5 You will not register for more than one Pod1um Account or register for a Pod1um Account on behalf of an individual other than yourself save for as part of our Bronze Price Plan;

8.1.6 You will not recruit or otherwise solicit any User or Coach to join third-party services, applications or websites, without our prior written approval;

8.1.7 You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

8.1.8 You will not use the Site, Application or Services to do anything unlawful, misleading, malicious, or discriminatory or do anything that could disable, overburden, or impair the proper working or appearance of the Site, Application or Services; or

8.1.9 You will not facilitate or encourage any violations of these Terms or our other policies, including for the avoidance of doubt, the Privacy Policy.

8.2 You acknowledge that we may impose limits on Pod1um Accounts concerning the use of the Site, Application or Services, including but not being limited to the number of days a Pod1um Account may remain inactive, the time for content retention, the number of messages being issued to a Pod1um Account or the amount of storage afforded each Pod1um Account.   

8.3 You acknowledge that Pod1um has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. 

8.4 [The Site, Application or Services may enable communications between Users and between Coaches. You acknowledge that the Site, Application or Services is dependent upon external telecommunication services and Pod1um bears no responsibility for delayed or undelivered messages. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential, and is not in violation of these Terms or third party rights.]

8.5 At any stage any User may opt out of receiving Pod1um related electronic notifications by updating their Pod1um Account settings or the settings on their device.

8.6 You acknowledge that by using the Site, Application or Services, your internet and/or mobile phone provider may charge you for:

8.6.1 Downloading content from the Site, Application or Services; and/or

8.6.2 Roaming charges if accessing the Site, Application or Services from abroad. 

8.7 The Site, Application or Services are provided on a “as is” or “as available” basis. We make no representations or warranties of any kind, whether express or implied, as to the operations of the Site or the Application, the information, content, materials, or products included or offered for sale on the Services. We do not guarantee that the Site, the Application, or any content on it, will always be available or be uninterrupted.

8.8 You acknowledge that Pod1um is not responsible for the activity of other users or Pod1um Account holders and that we do not monitor Content posted through the Site, Application or Services. All users of the Site, Application or Services do so at their own risk and accept that they may be exposed to content that they may deem inappropriate or contrary to these Terms. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of your Content, failure to comply with or enforce these Terms, or for any act, omission, or conduct of any other user.

8.9 We do not monitor or hold editorial control over any Content on the Services. You agree that we bear no liability to you or any other user of the Site, Application or Services in regard to Content, errors or omission on content posted by you or a third party or for any loss, damage, or consequential loss incurred because of any third party content posted on the Site, Application or Services.  

8.10 Any User, Coach or a third party may provide links to other websites or login access via such links. Such third party links and services shall not be construed as an endorsement, sponsorship, or affiliation by or with Pod1um. We exercise no control whatsoever over such other non-Pod1um websites, services and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon, or for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of the same, including information, material, products and services therein, is solely at your own risk.

8.11 You acknowledge that as part of the Site, Application or Services, we may assist brands advertise their products and / or services through various methods, including but not being limited to advertising material appearing on the Site, Application or Services.

8.12 When you access, join, or create a group through the group functionalities on the Application, you agree to be bound by these Terms. The User who creates the group will be given administrative control over the group (“Group Administrator”). Group Administrator control may include the ability to make the group public or private, admit new Users, and remove Users who do not comply with these Terms, any additional guidelines as set out in the welcome message of the group, and as otherwise determined by the Group Administrator in their discretion, provided such discretion is in accordance with these Terms and other Pod1um guidelines. It is the Group Administrator’s responsibility to confirm the status of each User for the applicable group. Notwithstanding the above, Pod1um reserves the right, to the extent the designated organisation or enterprise wishes to assume control over the group(s) associated with its members or employees, to provide all administrative rights, functionality, and control directly to the designated enterprise’s assigned administrator. In such instances, the Group Administrator will immediately provide the designated organisation or enterprise and assigned administrator control over the workplace group.

9. Price and Payment

9.1 [The Application is free to download. There are certain content products and services that you may optionally purchase using our Site or the in-app purchase facilities on the Google Play Store and Apple App Store.

9.2 Fees and any other charges for the use of the Services, if any, are described on the Site and Application. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors or inaccuracies in the Application. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.

9.3 Pod1um has partnered with Stripe, and all fees paid by Users for the Services shall be processed by Stripe on Pod1um’s behalf. Users and Coaches both agree to be bound by Stripe’s terms and conditions, which can be found at the following link – https://stripe.com/payment-terms/legal.]

10. Cancellation and Rescheduling

10.1 We encourage Users and Coaches to resolve cancellation and rescheduling issues between themselves in respect of any monthly calls with Coaches and Pod1um has no liability in this regard.

10.2 The parties accept that Pod1um is an intermediary and not the agent or representative of either the User or the Coach and that Pod1um has no fiduciary or any other duty of care whatsoever to either the User or the Coach.

10.3 The contract for any Plan is entered into solely and exclusively between the User or the Coach and Pod1um has no contractual liability whatsoever in respect of the Services.

11. Intellectual Property Rights

11.1 We are the owner or the licensee of all intellectual property rights in our Site, Application or Services, and in the material published on it, subject to any uploaded Content pursuant to clause 6. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

11.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.3 Our status (and that of any identified contributors) as the authors of content available through the Site, Application or Services must always be acknowledged.

11.4 You must not use any part of the Content available through the Site, Application or Services for commercial purposes without obtaining a licence to do so from us or our licensors.

11.5 If you print off, copy or download any part of our Site, Application or Services in breach of these Terms, your right to use the Site, Application or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.6 Subject to your strict compliance with these Terms, we grant to you a fee-bearing, non-exclusive, non-transferable, revocable, non-assignable, personal, limited licence to use the Services and access and use the Content. You shall not sublicense, sell access, resell, transfer, distribute, make derivative works or improvements of, monetize or commercially exploit or make available, the Services.

11.7 You hereby grant to us without charge the perpetual, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, create derivative works and improvements of, and distribute your Content for the purpose of providing, developing, improving, and promoting the Service. You hereby grant to all other users of the Service the perpetual, irrevocable, worldwide, non-exclusive right to access and use your Content as part of the Services. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, improvements, recommendations, ideas, and error corrections you voluntarily provide to us or we develop relating to the Services.

11.8 Subject to this clause 11, no other right or licence to the Content is provided, and no other licence shall be implied, by course of conduct or otherwise. We retain all right, title and interest in and to the Services, and all associated intellectual property rights. Except as expressly authorized by these Terms, you shall not use, reproduce, or distribute Content contributed by other users, Coaches or by us.

12. Data Protection and Data Processing

12.1 Pod1um, the Users and Coaches will comply with all applicable requirements of the Data Protection Legislation. This clause 12.1 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

12.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Users and Coaches are the data controllers and Pod1um is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Please refer to our Privacy Policy for further details as to the information we collect, cookies, what we do with your information and security measures.

13. Limitation of Liability

13.1 Nothing in these Terms shall limit or exclude our liability for:

13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

13.1.2 wilful fraud or fraudulent misrepresentation; or

13.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

13.2 Subject to clause 13.1:

13.2.1 we, our Coaches or any of our employees, agents or subcontractors shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising under or in connection with any contract between us; and

13.2.2 our (which term shall include our Coaches or any of our employees, agents or subcontractors) total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amounts paid by you to Pod1um in the previous thirty day period prior to the event giving rise to the liability.

13.3 Subject to clause 9.3, all Users and any other user of the Site, Application or Services agree to release, defend, indemnify, and hold Pod1um and its affiliates and subsidiaries, their officers, directors, employees and agents and all Coaches, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:-

13.3.1 your access to or use of the Site, Application, Services, or your violation of these Terms; 

13.3.2 your Content; 

13.3.3 your interaction with any Users and Coaches; and

13.3.4 your participation in or delivery of a Plan, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising out of or in connection with any Plan. 

13.4 Pod1um does not carry out verification or identification checks on Users, and Pod1um shall not be liable to any Users or Coaches as a result of any fraud or misrepresentation on the part of any Users or Coaches.

13.5 The Services do not constitute medical or other professional advice. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Any content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services.

13.6 The Services may contain Content with guidance or instruction of strenuous physical activity, including but not limited to resistance training, aerobic/anaerobic fitness training, speed and power training, mobility, and yoga. As with any physical activity, there is the possibility of injury. We recommend that you consult your own healthcare professional before starting this or any other physical activity to determine if it is right for your needs. By participating in physical activity through the Services, you acknowledge and agree that you do so at your own risk, are voluntarily participating, and assume all risk of injury whether physical or mental. By participating in our online plans or Plans, you are responsible for listening to your body, participating at your own pace and modifying any instructions or Coach-suggested physical adjustments to your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Pod1um, or any person or entity involved with Pod1um, including without limitation its officers, directors, employees, consultants, agents, representatives, instructors, independent contractors, affiliates and all Coaches. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

13.7 The Users shall not rely on the Services, any information therein, or its continuation. Your use of the Services is at your sole risk. Services are provided on an “as is” and “as available” basis and we assume no responsibility for the timeliness, deletion, mis-delivery or failure of the Services or to store or display any content, user communications or personalization settings. You are solely responsible for any damage to your computer system or loss of data that results from use of the Services. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, we make no warranty that:

13.7.1 the Services will meet your requirements, goals or needs;

13.7.2 Service access will be uninterrupted, timely, secure or error-free; or

13.7.3 any errors or deficiencies will be corrected.

14. Our Rights to Make Changes

14.1 Pod1um reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Pod1um Account you will be deemed to have accepted the changes. 

15. General Terms

15.1 In addition, certain elements of the Services may have additional terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application or Services.

15.2 We do not guarantee that our Site, Application or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site, Application or Services. You should use your own virus protection software. You must not misuse our Site, Application or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application or Services, the server on which our Site is stored or any server, computer or database connected to our Services. You must not attack our Site, Application or Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

15.3 We may transfer our rights and obligations under these Terms to another organisation.

15.4 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.5 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 15.5 shall not affect the validity and enforceability of the rest of these Terms.

15.6 The User and Coaches shall not, without the prior written consent of Pod1um, at any time from the Effective Date solicit or entice away from Pod1um or employ or attempt to employ any person who is, or has been, engaged as an employee, supplier, consultant or subcontractor of Pod1um or any Coach in the provision of the Services.

15.7 The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation, shall be governed by, and construed in accordance with the law of Ireland.

15.8 The Users and Coaches irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

16. Definitions

16.1Applicable Laws” means all applicable laws, statutes, regulations and codes from time to time in force.

16.2Application” shall mean any Pod1um applications for mobile, tablet and other smart devices and any related application program interfaces.

16.3Application Requirements” shall mean the requirements to create any Plan as detailed in clause 7.

16.4Bronze Price Plan” means the price plan that provides access to up to 15 Accounts with 1 Domain Name.

16.5Coaches” has the meaning given to that term in clause 1.1.

16.6Content” images, audio, video, live-stream, graphics, text, posts, comments, signals, ratings, and any other text, content, material, information or data accessible via use of the Services, including any of the foregoing from other users.

16.7 Data Protection Legislation” means all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including without limitation the Data Protection Acts 1988, 2003 and 2018, the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.

16.8Plan” has the meaning given to that term in clause 1.1.

16.9Pod1um Account” means a registered account with the Site or Application in respect of the Services, as specified in clause 4.

16.10User” shall mean a Pod1um Account holder, individual or corporate entity who accesses the Application or Site.

16.11Services” has the meaning given to that term in clause 1.1.

16.12Site” means pod1um.com.


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