Coaching Interactive Ltd.

Terms and Conditions for the Inspirational Quotes via SMS

Definitions

“Advertisement” shall mean a website that enables a Member to register for the Services;

“Agreement” shall mean both these Terms and Conditions and the Privacy Policy

“Authorized Account Holder” shall mean a Member who has a legally binding agreement with a cellular network operator;

“Company” shall mean Coaching Interactive Ltd.;

“Mentors” shall mean the providers of the Services;

“Inspirational Quotes” shall mean the Daily Inspirational Quotes Services as detailed in Section 8;

“Marks” shall mean the content available through the Services and the trademarks, service marks and logos contained therein;

“Member” shall mean any user of the Services;

“NIS” shall mean the New Israel Sheqel currency;

“Services” shall mean the delivery of Inspirational Quotes  on your mobile device rendered by the Company via SMS text messages;

“USD” shall mean the currency of the United States of America; and

“Website” shall mean any of www.mentorschannel.com and www.coachinginteractive.com.

Acceptance of this Agreement is a condition precedent to becoming a registered subscriber for the Services. If you do not agree with any part of this Agreement then you should not subscribe to or apply for the use of the Services. This Agreement may be amended or varied at any time without prior notice to you, in order to comply with legal or regulatory requirements or to meet our changing business requirements. Any changes will be posted on the Website. It is your responsibility to ensure you review this Agreement regularly to familiarize yourself with any changes. We do not separately file the individual agreements entered into by Members when they apply for the Services. We recommend that you print and store or save a copy of this Agreement for future reference. For a hard copy set of this Agreement, please send an email to help@coachinginteractive.com.

1.       About Us

All Services are supplied, promoted and managed by the Company. If you need any help or you have any queries or complaints in relation to the Service, or, should you wish to cancel the service, please contact our Customer Services by e-mail on help@coachinginteractive.com.
The Services are a platform that connects Members with Mentors, enabling Members to receive daily or specialized Inspirational Quotes in the Members’ specific fields of interest. The Services,  Inspirational Quotes and the related text messages are rendered by the Mentors through the Company via SMS. 

2.       The Nature of the Services

The Member can opt to receive the Services from any medical or mental health professional, physician, attorney, financial advisor or other professional expert. The advice or information provided by Mentors is provided for informational purposes only and cannot be considered a substitute for professional advice. Members should not rely solely on advice provided by medical health professionals or physician Mentors through the Services. The Company strongly recommends that a Member seeking mental health or medical advice seek professional in person examination. The Company does not endorse or recommend any mental health professional, medical professional, physician, attorney, financial advisor or other professional or Mentor. Member acknowledges no Mentors are employees or agents of the Company and the Company assumes no responsibility for any act or omission of any such Expert. Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional expert may have been accessed through the Services, the Company cannot predict or assess the competence of, or appropriateness for the Member's needs, of the Mentor. Member also understands that the Member takes full responsibility for the decision to access a mental health professional, physician, attorney, financial advisor or other Mentor through the Services, and that the role of the Company is strictly limited to providing access to such professionals and other Mentors and their services for the Member's consideration. The Member hereby releases and agrees to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians, attorneys, financial advisors or any other Mentors accessed through the Services. The Company does not assume any liability or responsibility for the accuracy of the content provided via the Services, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys, financial advisors or other Mentors. The Company does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Mentor. The Member should independently verify the qualifications, experience and credentials of any expert engaged by the Member.

3.       Content

The Services may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. As noted above, the Company does not warrant the validity, accuracy, or availability of the content and Mentor advice provided, and it will not be liable for any damages sustained by the Member due to reliance on such content or advice. The content furnished is the sole responsibility of the Mentor and is intended for general reference purpose only. The consultation with Mentors via the Company cannot and does not replace a meeting with a professional. The Member is encouraged to verify the information furnished by Mentors. Any information via the Company and information furnished by Mentors is not intended to offer a solution for a specific problem and must be considered as general in nature. Any reliance on such information is done at the Member’s full and sole risk.

4.       Disclaimer of Warranty and Limitation of Liability

You agree that you are free to choose whether to use the Service and that you do so at your sole discretion and risk. The Company will not compensate you for any loss or damage you may suffer in connection with the Service unless we materially fail to carry out any of our obligations under this Agreement or if we breach any duties imposed on us by law. As this Service is for your own private non-commercial use only, our liability shall not in any event include losses related to any business of yours such as lost profits. MEMBER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS THE COMPANY IN RESPECT TO THE COMPANY’S MENTORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF THE COMPANY IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MENTORS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A MENTOR FOLLOWING THE USE OF THE COMPANY, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. THE PURCHASE OF SERVICES IS AFFECTED AT THE MEMBER'S SOLE RISK. The Company, its directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the Service and the Content bear no responsibility and/or liability and/or warranties THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO MENTORS THROUGH THE COMPANY IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

5.       Eligibility

The possibility of using the Services is given to each Authorized Account Holder and so long as the Authorized Account Holder is aged 18 years or over, unless specified otherwise. The Company reserves the right to ask you for proof of age and evidence as to your identity and place of residence at any time, and may use any methods available to verify any details provided. The Company may cancel your account and bar you from using the Services if proof of age is not provided or if the Company suspects that you are underage or otherwise ineligible. We may use any lawful and reasonable channels and methods available to us to carry out investigations of any details provided to us.

6.       Payment and Procedure for Registration of Services

6.1    Daily Inspirational Quote: You can subscribe to this Service for up to 6 Inspirational Quotes per week. For this option, you will be charged NIS 7.25 per week to your credit card; if you subscribe to this Service via a non-Israeli cellular network operator, you will be charged USD $2.25 per week to your credit card.

 

6.2    To receive the Services you will be required to enter your mobile telephone number into the registration form. You will be charged for the Services via your credit card. 

 

6.3    Upon the completion of both submitting your mobile telephone number and completing your application, you hereby accept this Agreement.
For avoidance of any doubt, any charge with respect to the Services will be made regardless of whether you did not receive the Inspirational Quote as a result of the incapability of the cellular device and/or the failure to complete the delivery of the question to you for any other reason outside of the Company’s control.

7.       Your Representations and Undertakings

In consideration for the rights granted to you to use the Services, the Member represents, warrants, covenants and agrees that:

1.       The Member is the Authorized Account Holder of the cellular device lawfully located in your possession;

2.       The Member is aged 18 years or over; and

3.       The Member is the lawful owner of the credit card used to pay for the Services.

The obligation rests solely with you, prior to using the Services and the content, to examine the compatibility of the cellular telephone device in your possession with the foregoing types of Services and contents. It is hereby clarified that the Company shall not be responsible for any failure in the sending or receiving of the Services and the content in the event of such incompatibility, and you shall not have any claim in the matter.


The use of the Services is at your own risk. You shall comply with all national and international applicable regulations. Furthermore, you shall comply with any instructions given by the Company and your cellular operator.

8.       Term and Termination

The Services begin upon receipt of confirmation from the Member applying for the Services, until the Member requests to stop the Services. Once a Member has chosen to unsubscribe the Services will be terminated within two (2) working days from notification.

9.       Privacy Policy

The Company respects the Members' privacy and will ensure that the personal information is handled with care. Please see our Privacy Policy.

10.    Intellectual Property

The Marks are owned by or licensed to the Company. The content is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without the Company's prior written consent. The Company reserves all rights not expressly granted in and to the Service. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services. 
The Company logo, and other Marks of the Company or its affiliates belong solely to the Company. This section shall survive any termination of the Agreement.

11.    Links

The Service may contain links to third party websites that are not owned or controlled by the Company. The Company is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website that you visit. The Company permits you to link to materials on the Services for personal, non-commercial purposes only.

12.    Indemnification

The Member covenants to compensate and/or to indemnify the Company, its directors, employees, representatives, shareholders, and all those acting on his behalf and/or for him and any other source connected with the supply of the Service and the content, immediately upon first demand, for any damage and/or harm and/or loss and/or expense and/or payment of any kind or nature, including for legal fees and court costs, as a result of a breach by the Member of the provisions of the Agreement and/or the provisions of the law, as well as for any contention and/or demand and/or claim that is raised against us by a third party for a breach by the Member of the provisions of the agreement and/or the provisions of the law.
So as to avoid doubt, the responsibility of the Member in the event of the occurrence of any of the situations specified above also includes direct, indirect, consequential, incidental and/or special damages, including damage to reputation, impairment of goodwill, loss of income, loss of data and loss of profits.
The indemnification shall not derogate from the Company’s remedies pursuant to the law.

13.    Miscellaneous

13.1      We reserve the right to modify or terminate the Services or elements of the Service at any time, without notice, and we will not be liable to you as a result of any such action.

 

13.2      If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

 

13.3      No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. Only you or we have the right to enforce any provision under the Agreement.

 

13.4      Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

 

13.5      This Agreement contains the entire agreement between you and us relating to the Service and supersedes any and all prior agreement between you and us.

 

13.6      You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.

 

13.7      We reserve the right to transfer, assign, and sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

 

13.8      Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company.

 

13.9      Any exemption and/or lack of responsibility granted to the Company pursuant to the provisions of the agreement is also granted to its directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected with the supply of the Service and the content, as they shall be from time to time.

 

13.10   Any right that was not expressly granted to you in the agreement is reserved for the Company.

14.    Governing Law and Jurisdiction

These Terms and Conditions are available in English and Hebrew only and this Agreement shall be governed by and construed in accordance with the laws of the State of Israel. The provision of this section is not intended to prevent the Company, in its sole discretion, from taking legal action against the Member outside of the State of Israel. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Israel in relation to any dispute under this Agreement, whether the use of the Service and the content was made in the State of Israel or not.