Terms & Conditions
These terms and conditions (“Terms and Conditions”) governs the terms of services provided by Reboot Pte. Ltd. (“Reboot”, “we,” “us” or “our”) to users (each, a “User”, “Client”, “you”) through our technology platforms, including our website www.rebootglobal.com, mobile applications, and any other products and services offered and/or controlled by Reboot that are linked to these Terms and Conditions by reference or by implication (collectively, the “Platforms” and individually, a “Platform”).
For purposes of these Terms and Conditions, “Reboot” refers to Reboot and Reboot’s investors, directors, officers, employees, agents, representatives, and assigns.
1. Acceptance and changes to Terms & Conditions
BY REGISTERING WITH OUR PLATFORM TO USE OR ACCESS OUR SERVICES AND CHECKING THE BOX TO AGREE TO THESE TERMS OF SERVICE OR BY OTHERWISE USING OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ THESE TERMS AND CONDITIONS; (B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS; AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREUNDER.
If you do not agree to the Terms and Conditions, please do not use our Platform. Any changes to the Terms and Conditions will be notified by revising the latest revision date at the bottom of the Terms and Conditions and posting the revised Terms and Conditions. Your continued use of any of the Platform following the posting of changes to these Terms and Conditions will be deemed as your acceptance of those changes.
2. Creation of Account
In order to avail the Coaching Services via any of our Platforms, you must first create an account with us. You hereby undertake and agree to the following in relation to your account:
(a) You must provide accurate, truthful, current and complete information when creating an account;
(b) You must maintain and promptly update your account information for any changes;
(c) You must maintain and shall be solely responsible for the security of your account. You shall not share your password with any other person and restrict access to your account, mobile device, computer or any other device used for availing the services;
(d) You must promptly notify Reboot if you discover or otherwise suspect any security breaches related to the Platforms or your account; and
(e) You shall be solely responsible for all the activities that occur under your account and accept all risks of unauthorized access.
3. Coaching Services and Use of Platform
(a) The Platform enables you to communicate with a certified coaching practitioner who will act as your coach/counselor/consultant/advisor ("Coach") and will give you the requisite coaching, counseling and advisory services (collectively "Coaching Services").
(b) The Platform may be used, inter alia, to disseminate (i) general information and content which is publicly available and not meant specifically for you; and/or (ii) personal advice and information customized as per your requirements.
(c) The Coaching Services is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the development of personal, professional or business goals and to develop and carry out strategies for achieving those goals.
(d) The Coaches are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any Coach assigned to you and neither do we make any representation or warranty whatsoever as to the willingness or ability of a Coach to give you the desired advice.
(e) ALTHOUGH THE COACH MAY PROVIDE THE COACHING SERVICES THROUGH THE PLATFORM, WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO WHETHER YOU WILL FIND THE COACHING SERVICES RELEVANT, USEFUL, CORRECT, RELEVANT, SATISFACTORY OR SUITABLE TO YOUR NEEDS.
(f) As operators of the Platform, our role is strictly limited to facilitating the communication between you and the Coach and to enable the provision of the Coaching Services. It is up to you to consider and decide whether these services are appropriate for you or not.
(g) You further agree, confirm and acknowledge that the Coaching Services provided via the Platform is not a complete substitute of a personal face-to-face interaction and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Coaching Services. Furthermore, we strongly recommend that you should consider seeking advice by having an in-person appointment with a licensed and qualified professional.
(h) You are advised to exercise a high level of care and caution in the use of the Platform and the Coaching Services.
4. Limited Rights
Subject to your strict compliance with these Terms and Conditions, Reboot hereby grants you a non-exclusive, non-transferable, revocable limited license to access the Platform and avail the Coaching Services. If Reboot, in its sole discretion, elects to provide any amendments, upgrade that replaces or supplements the original Coaching Services offered via the Platforms, this license will govern any such amendments/upgrade unless it is accompanied by a separate license, in which case the terms of that license will prevail. Reboot may further discontinue (temporarily or permanently) the Platform and/or the Coaching Services or any part thereof at any time, with or without notice to you. If you no longer wish to use the Coaching Services following any such modifications, you may terminate these Terms and Conditions by opting out of the Platform and cancelling your account. Reboot reserves all rights that have not been expressly granted in these Terms and Conditions and you are not granted any rights in or to the Platform or the Coaching Services by implication, estoppel, or any other legal theory under applicable law.
5. Coach-Client Relationship
(a) Our Coaches aim to maintain the ethics and standards of behavior established by the International Coach Federation (Coachfederation.org/ethics). However, we do not control the quality of the Coaching Services and we do not determine whether any Coach is qualified to provide any specific service as well as whether a Coach is categorized correctly or matched correctly to you.
(b) You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the Coach. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.
(c) You understand that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. Deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices are exclusively your own responsibility.
(d) If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Coach and you.
(e) In order to enhance the coaching relationship, you are encouraged to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the programme.
(f) YOU UNDERSTAND THAT COACHING IS NOT THERAPY AND DOES NOT SUBSTITUTE FOR THERAPY IF NEEDED, AND DOES NOT PREVENT, CURE, OR TREAT ANY MENTAL DISORDER OR MEDICAL DISEASE.
(g) THERE IS NO DOCTOR-PATIENT RELATIONSHIP OR THERAPIST-PATIENT RELATIONSHIP BETWEEN REBOOT AND YOU OR OUR COACHES AND YOU. NEITHER REBOOT NOR OUR COACHES PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE TO YOU.
(h) WELLNESS COACHING DOES NOT INVOLVE THE DIAGNOSIS OR TREATMENT OF MENTAL DISORDERS OR ANY OTHER DISEASE AND IS NOT TO BE USED AS A SUBSTITUTE FOR COUNSELING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY LEGAL, MEDICAL OR OTHER QUALIFIED PROFESSIONALS. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO SEEK SUCH INDEPENDENT PROFESSIONAL GUIDANCE AS NEEDED (DIRECTLY AND NOT THROUGH THE PLATFORM) AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
(i) IF YOU CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU (SUCH AS SUICIDE) OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
6. Your Representations and Warranties
You represent, warrant and undertake to us as follows:
(a) That you are at least 18 years of age and are not facing any mental disorders as of the date of acceptance of these Terms and Conditions, whether diagnosed by a qualified professional or not;
(b) That you have not been previously suspended or removed from using any services on any of our Platforms;
(c) That you are legally competent to enter into a valid contract;
(d) That your use of the Platform, including the Coaching Services, are meant for your own personal use only and that you are not using either the Platform or the Coaching Services for or behalf of any other person;
(e) That, in case you have subscribed to the Platform pursuant to a third party subscription who has made payment on your behalf (employer or any other third party sponsored program), you are duly authorized by such person to avail the Coaching Services;
(f) That you will not interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned;
(g) That you shall not make any use of the Platform for the posting, sending or delivering of either of the following: (i) unsolicited email and/or advertisement or promotion of goods and services; (ii) malicious software or code; (iii) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, libelous, racist or potentially harmful content; (iv) any content that infringes a third party right or intellectual property; (v) any content that may cause damage to a third party; (vi) any content which may constitute, cause or encourage a criminal action or violate any applicable law;
(h) That you will not, and will not permit any third party to (i) sublicense or create derivative works of the Coaching Services; (ii) distribute the product of the Coaching Services or make the Coaching Services available over a network (such as YouTube) where it could be used/accessed by multiple devices at the same time; (iii) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Platform; (iv) use the Coaching Services for any illegal or unauthorized purpose or engage in or promote any illegal activity; (v) build a competitive product or service, or copy any features or functions of the Platform or the Coaching Services; or (vi) cause or permit any third party to do any of the foregoing; and
(i) If, for any reason, an interaction between you and the Coach is not made through the Platform, you agree that the Coaching Services shall be deemed to have been provided through the Platform for purposes such as calculating the time and efforts spent on you by the Coach as per your subscription package.
7. Subscription Fees
Reboot provides a periodic subscription for access to its Coaching Services depending upon the subscription package chosen by you or any third party on your behalf (such as your employer or any other organization or individual) (each such period, a “Subscription Period”) at the prices applicable for such subscription (“Subscription Fees”). Such Subscription Fees shall be paid in advance at the beginning of each applicable Subscription Period. If the applicable Subscription Fees is not paid by you or on your behalf prior to the beginning of the Subscription Period, your access to the Coaching Services will be suspended until the Subscription Fees is paid. We can modify the Subscription Fees at our sole discretion. Any changes to the pricing made by Reboot during any Subscription Period shall be applicable to your subscription from the immediately following Subscription Period.
8. Intellectual Property Rights
Reboot expressly reserves all right, title, and interest (including all intellectual property rights arising therefrom) to and in all information, materials, and content provided on the Platform or that the User comes across in the course of receiving the Coaching Services (whether directly from Reboot/Coaches or through a third party service provider) including text, graphics, music, sounds, images, software, videos, designs, typefaces, source and object code, format, data, Reboot’s name, trademark, service marks logos, trade secrets or slogans, formatting, graphs, designs, HTML, look and feel, photographs, queries, algorithms, and any other content including any derivatives thereof (collectively “Reboot Material”). Reboot Material is highly confidential, and you may not disclose Reboot Material that you have received in the course of the Coaching Services or otherwise. Reboot Material is protected in all forms, media, and technologies now known or later developed for all jurisdictions and you shall not have or claim to have any rights, title or interest to the same, except the limited license and right to use provided in terms hereof.
Any feedback provided by you in respect of the Coaching Services or the Platform shall be the exclusive property of Reboot and Reboot will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you agree not to submit any feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
(a) There is no obligation to continue coaching and you are free to terminate or discontinue the coaching relationship at any time by closing your account.
(b) In case you leave the employment of the company or the person making payment on your behalf, you shall notify us immediately and, unless notified otherwise by your erstwhile employer, these Terms and Conditions shall stand terminated on an immediate basis and you shall not be eligible to avail any further Coaching Services from the Coaches using the Platform.
(c) Reboot has the right to suspend or terminate your subscription at any time without ascribing any reason by providing a notice and the access to the Platform shall be restricted upon such suspension or termination, as applicable. Reboot reserves the right to take appropriate legal action including injunctive relief against you for continuing to use the Platform during suspension or after termination, including by creation of a different account.
We aim to ensure that all information (documented or verbal) that you share with the Coaches as part of the coaching relationship will be treated with the utmost confidentiality.
11. Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
12. Disclaimer of Warranties
(a) The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee or warrant that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free. You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, the Coaching Services or any part thereof (whether for all clients or only for you) or otherwise terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Coaching Services) at our sole discretion without notice for any reason and for any period of time without any liability whatsoever for the losses and/or damages arising therefrom.
(b) THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
(c) YOU HEREBY RELEASE US AND AGREES TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COACH’S SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
You shall defend, indemnify and hold Reboot and its Coaches harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), losses, claims, damages, payments, fines, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorney fees) caused by, arising out of or resulting from (a) your access of the Platform or use of the Coaching Services or the use of the Coaching Services by a third party accessing your account; (b) infringement of any rights of third parties including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or (b) your breach of these Terms and Conditions.
This clause shall survive expiration or termination of this Agreement.
14. Limitation of Liability
THE TOTAL LIABILITY, IF ANY, OF REBOOT OR ITS COACHES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO REBOOT IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
FURTHER, IN NO EVENT WILL REBOOT OR ITS COACHES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, HOWEVER CAUSED, UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, OR EMOTIONAL DISTRESS), EQUITY, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF REBOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In case any jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, the limitation shall be deemed modified only to the extent it is necessary to comply with applicable law.
15. Governing Law and Jurisdiction
16. Dispute Resolution
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USERS OF THE COACHING SERVICES, AND NEITHER YOU NOR REBOOT WILL COMMENCE AGAINST THE OTHER A CLASS ACTION SUIT, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement.
You may not assign, delegate or transfer these Terms and Conditions or any right, title, interest or obligation hereunder without the prior written consent of Reboot. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. Reboot may assign or transfer these Terms and Conditions without the need to obtain your prior written consent. These Terms and Conditions will be binding and inure to the benefit of such assignees, transferees and other successors in interest of Reboot.
Should any provision of these Terms and Conditions be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of these Terms and Conditions shall remain in full force and effect and shall be construed in accordance with the modified provision.
20. Force Majeure
Reboot shall not be liable to you for any loss or damage arising from any force majeure event and/or any other event beyond its reasonable control, including, but not limited to, flood, drought, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, change of law, communications, power failure, or equipment or software malfunction.
You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. We may provide notices or other communications to you by email to the email address that we have on record or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
In case, there is any change in the email address, you shall communicate the same immediately (not later than 7 (seven) days) to us, failing which any notice sent to the earlier address to you shall be deemed to be valid service of such notice.
22. Survival of Provisions
Articles 8, 12, 13, 14, 15, 16 and all other provisions of this Agreement that by their nature extend beyond the termination of this Agreement, shall survive the termination of these Terms and Conditions.