These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the "Witness" mobile application or website ("Application" or "Service") and any of its related products and services (collectively, "Services" or “Platform”). This Agreement is legally binding between you ("User", "you" or "your") and Lifestyle A Team Ltd ("Lifestyle A Team Ltd", "we", "us" or "our"). By accessing and using the Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the
Application and Services.
You acknowledge that this Agreement is a contract between you and Lifestyle A Team Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Application and Services.
General Description
1. Witness is Platform bringing together trainers, organizations and other professionals from the wellness industry (The: “Trainers” “Coaches”) and trainees (or training groups) where they can interact, buy and sell services, set goals, set training plans over time and get feedback on performance.
2. Trainers using the platform can build personal training plans for their trainees according to their profile and goals. The Platform provides built-in tools of a high and professional standard for building training programs, monitoring performance and stay in touch with the trainees.
3. Trainees may request and obtain professional services and/or buy training programs from the Trainers according to the prices and tariffs shown on such Trainer’s Profile.
4. Lifestyle A Team Ltd itself has no responsibility or liability for any services provided by the Trainers to the Trainees within the Witness Service.
5. Lifestyle A Team Ltd is a meeting place between Trainees and eligible Trainers and the Witness Service is not an employment or matching agency. Except as specifically stated herein, the Witness Service does not engage as a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
Using our Services
6. Registering our Services is free for both Trainers and Trainees.
7. Trainers that will want to sell their services using the Platform shall be charged with a monthly fee (the “Fee”) + monthly commission that is a percentage out of their monthly revenues at the platform (the “Commission”) as described in the Payment Processing and Fees section below.
8. Trainees can purchase periodic training plans (the “Periodic Plans”) and/or other services from Trainers through the Platform. Purchasing is possible using a valid payment method. The price of the services and/or the Periodic Plans is determined by the Trainers and is visible on the purchase page.
9. Trainers
9.1. Trainers may be eligible to access and use the Platform only after submitting their details, as requested by us, and subject to our approval.
9.2. Once approved, Trainer will get access to a customized dashboard where he can update his personal and professional info, set pricing to his services, manage his billing, create communities and much more.
9.3. Witness shall have sole and absolute discretion regarding the eligibility of any Trainer to access, use and offer any Services through the Witness Service, and does not guarantee that any Trainer will be presented on the Witness Service for any minimum period of time or at
all.
9.4. We reserves the right to remove any Trainer from the Service, limit the scope and/or type of services a Trainer may offer through the Platform and to require a Trainer to remove User Content included in its Profile, at our discretion. We shall not be obligated to provide any
explanations regarding our decisions in this respect.
9.5. By using the Platform, you confirm, undertake, acknowledge, and warrant that:
• You have a valid professional diploma from a certified institution.
• You have a valid professional liability insurance.
• All the information provided by you to us and in your Profile is true and correct. You are solely responsible for editing and updating such information on your Profile. You shall keep any User Content in your Profile up-to-date with no broken links or misinformation.
You are responsible for removing from your Profile any User Content you are not authorized to use anymore. Any information you provide must be true and up to date.
• You have the full right and authority to present and publish the User Content presented in your Profile (including, without limitation, links and third-party websites). You must not submit, upload, post, display or share any User Content that you do not have the
right to copy, use, link to or share for the purpose of your use of the Platform. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks or other intellectual property rights, or any other harm resulting from your uploading, posting or publishing User Content to the Platform.
• You shall abide by fair business practices and ethics in any dealings with any Trainee. You should act fairly and appropriately with your clients.
• We are not an employment service and does not serve as an employer of any Trainer. As such, Trainers are solely responsible for any tax, withholding or reporting obligations. You understand and agree that if we are found to be liable for any tax, withholding or reporting obligation in connection with any services provided or received by you, you will immediately reimburse and indemnify us for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
• Any information communicated to you about a Trainee via the Platform shall be conveyed in conformity with the information provided to us by such Trainee. We are not responsible for the truthfulness and validity of information provided by any Trainee. We are not responsible for information provided by third parties.
• Each Trainer may have only one Profile presented on the Platform.
• We reserve the right to remove any Trainer from the Platform or limit the services a Trainer may offer through the Platform without notice, for any reason.
10. Trainees
As a Trainee using our Platform, you agree and acknowledge that:
10.1. The Content, including training and nutrition programs, provided through the Service, is for entertainment purposes only. We recommend that you consult a physician before beginning any exercise program or diet. We are not a licensed medical care provider. You should understand that participating in any exercise program or diet can result in physical injury, and you agree to do so at your own risk. The findings and opinions of authors and Trainers expressed herein are those of the author and do not necessarily state or reflect those of Witness or Lifestyle A team Ltd.
10.2. If you have knowledge of any pre-existing medical conditions, we advise you to seek medical advice from a doctor urgently before using the Services. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:
• cardiovascular disease,
• lung or respiratory disease (including asthma),
• spinal and/or joint problems,
• neuromuscular disease,
• surgical procedures,
• any other health issues
10.3. In case of the Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the programs or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
10.4. In addition, our female Trainees should note that pregnant women and breast-feeding mothers should seek medical advice from a doctor before using the Services
10.5. We are not the employer of any Trainer, nor do we supervise, direct or control the Trainer’s work or services, in any manner. We do not provide any training or equipment to the Trainers, and has no control over the quality, timing, legality, or any other aspect whatsoever of the
services provided by the Trainer.
10.6. Without derogating from the above- in case of Trainer failed to provide a service that you paid for, we will refund you- in accordance with our refund policy.
10.7. Each Trainer provides you services as an independent contractor and is not an employee, joint venturer, partner, agent, or franchisee of us for any purpose whatsoever.
10.8. Any listing of a Trainer on the Platform shall be according to the information and Profile provided by such Trainer. We are not responsible for the truthfulness and validity of information presented by any Trainer. We do not have any obligation to independently verify
any information provided to it by any Trainer, their experience or training, and shall not be responsible or liable for any representation or undertaking made by any Trainer on the Platform.
10.9. You are responsible for providing to us and such Trainers you contact via the Platform, accurate, current and complete information in connection with your request for services.
10.10. In no event shall any reference by the Platform to any Trainer be construed as an approval or endorsement by us of such Trainers or of any services provided by them. Likewise, a link to any Trainer’s website does not imply that we endorse or accept any responsibility for the content or use of such website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
10.11. You agree to receive from time to time messages and promotional materials from us by email or any other contact form you may provide us with (including your phone number for calls or text messages), including, without limitation, messages featuring Profiles of various Trainers. If you do not wish to receive such promotional materials or notices, please notify us at any time.
11. Other than providing the Platform and the payment processing services we are not a party to any interaction between the Trainers and the Trainees. Trainees contract for services directly with the Trainers. We do not take responsibility, in any way or manner, for the quality of the services provided to any Trainee by any Trainer.
Payment Processing and Fees
12. The Platform supports payment between Trainers and Trainees.
13. Monthly Fee – Trainers’ Fee shall be as indicated in the Platform and will be charged each month, on a recuring basis, from the payment method, provided by the Trainer.
14. Commission – our Commission shall be calculated as a percentage out of the Trainer’s monthly revenues at the platform. The exact percentage shall be agreed between the trainers and us in a separate agreement or will be indicated in the Trainer’s Dashboard, according to our discretion.
15. Trainers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency, location or the billing information they provide in their account settings. Trainers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
16. Appointment as Limited Payment Collection Agent: Trainers hereby appoints Lifestyle A team Ltd as Trainer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider) from Trainee, and remitting those payments to Trainer. Trainer agrees that payment from Trainee to Lifestyle A team Ltd shall be considered the same as a made directly to Trainer. Trainee’s payment obligation to Trainer will be satisfied upon receipt of payment by Lifestyle A team Ltd (by its Payment Services Provider), and Lifestyle A team Ltd (via its Payment Services Provider) is responsible for remitting the funds to the Trainee in the
manner described in these Terms. In the event that Lifestyle A team Ltd (via Payment Services Provider) does not remit any such amounts to Trainer, the Trainer will have recourse only against Lifestyle A team Ltd and not the Trainee directly. Trainer agrees that Lifestyle A team Ltd may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Trainees that Lifestyle A team Ltd may deem necessary or prudent.
17. We partner with Payment Services Providers for purposes of collecting payments from Trainees, transferring such payments from Trainees to Trainers, and holding funds in connection with account’s Balances. All payments services in connection with the withdrawal of funds on the Platform are performed by OUR Payment Services Providers and not by us.
18. Transfer of funds to Trainers shall be made on a monthly basis up to the 9th day of each month, with regard to the funds collected on the previous month. Funds will be transferred to the bank account which its details were provided by the Trainer.
19. Trainees that would like to purchase services from the Trainers may not offer Trainers to pay, or make payment using any method other than through the Platform. In case you have been asked to use an alternative payment method by one of our Trainers, please report it immediately to customer support.
20. Payments in our Platform can be made using a valid Credit/Debit Card (excluding Diners and American Express).
21. To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by our Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing payments. We are not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information.
22. By using any payment method and/or providing payment details for making purchases on the Platform, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on our Platform; and (d) such actions do not violate any applicable law
23. We reserve the right to change services and services’ pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Trainee account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
24. You agree and acknowledge that all payments must be processed through the Platform. Without derogating from our rights, under this Agreement, any payment that will be made between Trainers and Trainees, not through the Platform shall entitle us with additional penalty fee equal to 50% of the rate of such service, which will be charged from both the Trainer and the Trainee.
Cancellation Policy
Trainers
25. Trainers may cancel their membership with 30 days prior written notice to our customer support at support@witnesstofitness.com, provided that the Trainers has delivered in full all of the services that were purchased from them.
Trainees
26. Trainees may cancel their Periodic Plans within 48 hours from purchasing, provided that they didn’t yet received the first Training Plan. In such case Trainees shall be entitled to a full refund.
27. Cancellation not according to section 26 is subject to 14 days prior notice (the “Prior Notice”) and shall entitle the Trainee with a relative refund against the services/products he/she didn’t yet receive. It shall be clarified that during the Prior Notice period, all charges shall continue to apply.
Accounts and membership
28. Trainers must be at least 18 years of age and Trainees must be at least 16 years of age and have their legal guardian approval to use the Application and Services. By using the Application and Services and by agreeing to this Agreement you warrant and represent that you meet these conditions.
29. If you create an account in the Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
30. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
31. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
32. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content
33. We do not own any data, information or material (collectively, " User Content") that you submit in the Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
34. We may, but have no obligation to, monitor and review the Content in the Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
35. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Accuracy of information
36. Occasionally there may be information in the Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Application or Services is inaccurate at any time without prior notice (including after you have submitted your order).
37. We undertake no obligation to update, amend or clarify information in the Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Application should be taken to indicate that all information in the Application or Services has been modified or updated.
Third party services
38. If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
39. You irrevocably waive any claim against Lifestyle A Team Ltd with respect to such other services. Lifestyle A Team Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms.
40. By enabling any other services, you are expressly permitting Lifestyle A Team Ltd to disclose your data as necessary to facilitate the use or enablement of such other service.
Backups
41. We perform regular backups of the Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty.
Advertisements
42. During your use of the Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Application and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
43. Although the Application and Services may link to other resources (such as websites, applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
44. Some of the links in the Application may be "affiliate links". This means if you click on the link and purchase an item, Lifestyle A Team Ltd will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions,
products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Application and Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
45. In addition to other terms as set forth in the Agreement, you are prohibited from using the Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Application and Services for violating any of the prohibited uses.
Intellectual property rights
46. "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
47. This Agreement does not transfer to you any intellectual property owned by Lifestyle A Team Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Lifestyle A Team Ltd. All trademarks, service marks, graphics and logos used in connection with the Application and Services, are trademarks or registered trademarks of Lifestyle A Team Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Application and Services may be the trademarks of other third parties. Your use of the Application and Services grants you no right or license to reproduce or otherwise use any of Lifestyle A Team Ltd or third party trademarks.
Disclaimer of warranty
48. You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Application and Services is solely at your own risk. 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 and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
49. To the fullest extent permitted by applicable law, in no event will Lifestyle A Team Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Lifestyle A Team Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid by you to Lifestyle A Team Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
50. You agree to indemnify and hold Lifestyle A Team Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application and Services or any willful misconduct on your part.
Severability
51. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
52. The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Israel. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv Israel, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
53. You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
54. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger. Changes and amendments
55. We reserve the right to modify this Agreement or its terms relating to the Application and Services at any time, effective upon posting of an updated version of this Agreement in the Application. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided and/or by posting a notice in the Application.
56. Continued use of the Application and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
57. You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Application and Services.
Contacting us
58. If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@witnesstofitness.com
This document was last updated on Thursday, 05 November 2020