Last updated: 06/2024 

These Terms and Conditions govern the relationship between you (“you”, “your” or “User”)  and Oro Real s.r.o, having its registered address at

Strnadových 1007/5, Vysočany, 190 00 Prague 9, Czech Republic.

, with company registration number Registriert unter C 353377 (“we“, “us“, “our” or “Company“) in connection with the provision of Health and Lifestyle products, and services, including other supplementary services (“Service” or “Services”) by the Company through the website www.gainingcoach.com (“Website”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF. 

Eligibility

By using the Website and the Services, you represent and warrant that you are at least the legal age of majority in your country of residence. Please leave this Website immediately if you are under the legal age of majority or are viewing it from a country where this content is illegal. We reserve the right, in our sole discretion, to alter the eligibility requirements at any time and to refuse to provide the Services to any person or organization.

If you use the Website on behalf of an entity, “you” refers to both you and the entity. In such a case you guarantee that you are the entity’s authorized representative and that you have the power to bind the entity to these Terms, the Privacy Policy, and any other guidelines that we may post on this Website.

Account

You can access some areas of the Website without registering or subscribing but if you wish to view certain content or access certain Services, you may be required to register with the Website. When you register with the Website we will ask you for certain personal data. Any personal data that you provide to us will be handled in accordance with our Privacy Policy.

You might need to set up a password if you want to register on the Website. You shall keep this password private and not share it with or reveal it to anybody. You should let us know right away if you know or think that someone else knows your password.

We reserve the right to suspend your account or demand that you change your password if we have grounds to think that there has been or will be a security breach or improper use of the Website via your account or password usage. You might not be able to access some areas of the Website until you have changed your password or we have reactivated your account.

You warrant that all personal data that you supply to us will be accurate, complete and kept up to date at all times. We may use the data provided to us to contact you. You may not have more than one registration with our Website. We reserve the right at our discretion to delete or cancel the registration of any user who, in our opinion, possesses more than one account at any time. We reserve the right to cancel any registration at any time and for any reason.

You acknowledge that we have the right to occasionally suspend the Services for an extended amount of time or to terminate them immediately and without prior notice to you.

Paid Services and Trial

In general, we offer a trial period up to 1 day day(s) for £1 and monthly renewal packages for (£59.99).

You are obligated to pay all applicable fees for the Services at the time of ordering. Please be aware that unless specifically stated in these Terms, required by applicable law, or in the Company’s sole discretion, all payments and charges, including for partially unused Paid Subscriptions, are nonrefundable. We reserve the right to adjust our prices periodically, and we will notify you promptly of any changes. It is your responsibility to regularly review all billing-related information provided by us through various communication methods and notices. You have a right to cancel the trial period and/or monthly renewal package after such changes. If you don`t cancel it, you will be charged at the Company’s then-current pricing for a trial period and/or monthly renewal package.

The initial term of the Services you purchase will be as presented during the ordering process. Unless you cancel your subscription before the initial term expires, the Services will automatically renew for successive periods equal to the initial term (unless otherwise specified), and you will be charged accordingly.

If you subscribe to a trial period, you consent to the automatic continuation of access to the Services and the billing of applicable fees unless you cancel before the trial period ends or as otherwise specified. Canceling the trial period before its end forfeits your rights to subsequent trial periods that may be offered (unless we specify otherwise).

You have the option to cancel your trial period and/or monthly renewal package at any time during their term. However, if you’re on an installment payment basis (if available), cancellation won’t affect your obligation to pay the total contractual amount due, and your payment method will continue to be charged until the remaining balance is settled.

If you initiate a credit card chargeback without a valid reason, any additional costs incurred will be passed on to you.

If you are a European Union resident and you purchased some digital services, you have a period of 14 days to withdraw from the contract. Refunds will be processed within 14 days from the day on which the Company is informed of the User’s decision to withdraw using the payment method originally used by the User. The User may exercise his or her right to withdraw from the contract by sending a clear notice of that decision to the email help@gainingcoach.com.

If you are a resident of the EU and you purchase a single item of digital content, you expressly acknowledge that the content will be accessible to you immediately. As a result, you waive your right of withdrawal and are not entitled to a refund.

If you are an EU resident and you purchase our Service which is not a single item of digital content and is provided on a continuous basis you expressly request and consent to an immediate supply of such a Service. Therefore, if you have a right of withdrawal under the applicable legislation and you utilize this right, we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract. You acknowledge that, once the Services have been fully performed by us, you will no longer have the right of withdrawal.

Your use of the Website and Services

By agreeing to these Terms and any other policies or terms mentioned on the Website, you are granted a personal, limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Website and its Services solely for your personal use.

Furthermore, you agree not to:

• Violate any applicable laws or regulations in relation to your use of the Website and the Service;
• Upload content with the intention of misleading the Company or any other user;
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful content;
• Upload content protected by intellectual property laws, such as copyright or trademark laws, without owning or controlling the necessary rights or obtaining appropriate consent;
• Infringe upon our intellectual property rights or the rights of others;
• Upload content or files containing viruses, Trojan horses, worms, or any other harmful software;
• Use any automated means to access or copy data from the Website, bypassing any measures implemented to restrict access;
• Attempt to interfere with the proper functioning of the Website;
• Commercialize any content or feature of the Service;
• Use the Website, the Services or any content for unauthorized business, marketing, advertising, or other commercial purposes;
• Use language that is hateful, discriminatory, or otherwise objectionable;
• Spam or harass users of the Website and the Service;
• Access or use the Website without authorization or in violation of these Terms or applicable law.

The Company reserves the right to terminate your use of the Services immediately if we determine that you have violated any of these Terms or any other rules mentioned on the Website.

Other rules applicable to you

Please review our Privacy Policy and Cookie Policy, which also govern your visit to our Website, to understand our practices concerning the collection and use of your personal data.

Third-party links

Our Services may contain links to other websites and resources provided by third parties. Such links are only for your convenience and are provided for informational purposes.

The Company disclaims all liability for any loss or harm resulting from your use of third-party websites and resources, and it has no control over the products, services, or content provided by third-party websites and resources. If you decide to access other websites, you do so at your own risk, in compliance with the terms and conditions of such websites, and in line with their privacy policies, if any.

Intellectual Property

All names, trademarks, logos, graphics, photographs, animations, videos, texts and generally all content displayed on the Website and Services are our exclusive property, or are licensed to us, or are controlled by us, and may not be reproduced or used without our express authorization. The rights of use granted to you are limited to your private and personal use. Any other use by you is prohibited.

You are prohibited, among other actions, from copying, reproducing, downloading, broadcasting, transmitting, modifying, commercially exploiting and/or distributing any of the Services content, pages, or computer codes, in any way whatsoever.

Submissions

By submitting any content, you grant the Company, its affiliates, and partners a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use your content in any and all media formats, now known or developed in the future, for any purpose, commercial or otherwise. You acknowledge that any feedback, suggestions, or information you provide regarding the Service is non-confidential and may be used by the Company and its affiliates without acknowledgment or compensation to you. The Company is not responsible for screening or monitoring user submissions and reserves the right to review, edit, or remove them at its discretion. You are solely responsible for backing up and replacing any content you submit.

You guarantee and represent that, by uploading any content to our Website, you are the owner of such content or have permission to post, distribute, display, perform, transmit, or in any other way distribute them, and that you have the right to sublicense these rights.

Term and Termination

These Terms will become binding upon you once you begin using the Website, whether with or without a subscription and will remain in effect until terminated or until you cease using the Website.

We reserve the right to terminate your access to and use of our Website and/or Services, either wholly or partially, with or without notice, if:

• You fail to pay any fees owed to us under these Terms;
• You breach these Terms;
• Your actions may harm us or others, lead to liability for us or others, or disrupt our business operations;
• Termination is required to comply with applicable law or as otherwise specified in these Terms.

Additionally, the Website may be temporarily unavailable for maintenance or other reasons.

You may terminate these Terms by:

• Stopping your use of our Services and Website; and
• Notifying us of your intention to terminate;
• Canceling your account if you have one.

Disclaimer and Limitation of Liability

You understand and agree that your use of the Website and/or the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement.

The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.

The Company does not represent or warrant that:

• you will be able to access or use the Websites and/or the Services at the times or locations of your choosing;
• that operation of the Websites and/or the Services will be uninterrupted, timely, and error-free;
• your use of the Websites and/or the Services will meet your requirements;
• defects in the operation of the Websites and/or the Services will be corrected;
• the Website and/or the Services are free of viruses or other harmful components.

You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Website and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

You also agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENT HERE IS STRICTLY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES. NONE OF THE INFORMATION SHOULD BE TAKEN AS A REPLACEMENT FOR EXPERT MEDICAL ADVICE OR A DIAGNOSIS FROM A QUALIFIED PROFESSIONAL. IT’S ESSENTIAL TO CONSULT WITH YOUR PHYSICIAN OR ANOTHER TRAINED HEALTHCARE PROVIDER IF YOU BELIEVE YOU HAVE A MEDICAL ISSUE. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE. IN AN EMERGENCY, PLEASE PROMPTLY CONTACT EMERGENCY SERVICES.

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS AND/OR PROVIDERS BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OUR WEBSITE AND/OR SERVICES OR ANY INFORMATION CONTAINED THEREIN OR STORED OR MAINTAINED BY US, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS AND/OR PROVIDERS BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN USER`S ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY.

IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY AND EXCLUSION OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

1. a) your use of or inability to use the Website and/or the Services;
2. b) any user postings made by you;
3. c) your violation of any provisions of these Terms or your violation of any rights of a third-party; or
4. d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by us.

The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES, THE WEBSITE OR THESE TERMS.

Changes

We may update these Terms and Conditions from time to time. We will notify you of any material changes to these Terms and Conditions by posting the updated version on our Website or by other means as required by law. We encourage you to review these Terms and Conditions periodically for the latest information. By continuing to use our Website and Services after the changes are posted, you agree to be bound by the revised Terms and Conditions.

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other policies posted on our Website, constitute the entire agreement between you and us in relation to your use of the Website and Services and supersede all previous agreements in respect of your use of the Website and Services.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Governing law

These Terms and Conditions shall be interpreted and governed by the laws of the Czech Republic, without giving effect to any conflicts of laws principles.

Dispute Resolution

Should any dispute or disagreement arise concerning these Terms and Conditions, the parties agree to make initial efforts to resolve the matter through constructive dialogue and negotiation before pursuing any formal legal action. Should the disagreement not be resolved through dialogue, it will be referred to the appropriate court of the Czech Republic.

Contact Information

If you have any questions or concerns regarding these Terms and Conditions, you can reach out to us via email at help@gainingcoach.com or by mail at

Strnadových 1007/5, Vysočany, 190 00 Prague 9, Czech Republic.

. We endeavor to respond to all inquiries promptly and efficiently.