Achiiva User Terms and Conditions

Achiiva is an online and mobile coaching platform designed to increase the engagement between coaches and their clients and facilitate improved results.

The services offered by Achiiva(“Achiiva” or “we”) include the Achiiva websites and mobile applications, and any other features, content, or applications offered from time to time by Achiiva (collectively, the “Services”).

These Terms and Conditions of Use (“Terms & Conditions”) set out the legally binding terms for your use of the Services and your continued use of the Services represents your consent to these Terms & Condition. These Terms & Conditions include Achiiva’s policy for acceptable use of the Services and Content posted on Achiiva, your rights, obligations and restrictions regarding your use of the Services and Achiiva’s Privacy Policy.

Please choose carefully the information you post on Achiiva and that you provide to other users. Your Achiiva profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Achiiva Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Achiiva assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact online@achiiva.com or click on the “Support” tab on the Achiiva web page and click on “contact us”.

Achiiva reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1.Eligibility

Use of the Services is void where prohibited.

By using the Services, you represent and warrant that

(a) all registration information you submit is true, accurate and complete, and that you will maintain the accuracy of such information;

(b) all information that you provide us in using the Services will be true, accurate and complete;

(c) you are 13 years of age or older; and

(d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted, your use of the Services suspended and your Usership may be terminated without warning, if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect this is the case or that you are under 13 years of age.

2.Term

These Terms & Conditions shall remain in full force and effect while you use the Services of Achiiva. You may terminate your Usership at any time, for any reason. Achiiva may terminate your Usership at any time, without warning. Even after Usership is terminated, these Terms & Conditions will remain in effect.

3.Fees

While Achiiva has a free trial period, you acknowledge that Achiiva reserves the right to charge as per the published pricing or as per agreed corporate arrangements for the Services and to change its fees from time to time at its discretion or as per your corporate agreement.

4.Password

When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Achiiva immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

5.Non-commercial Use by Users

The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Achiiva, which explicitly includes coaching, mentoring, training and associated services. Illegal and/or unauthorised use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to Achiiva is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of Usership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Services.

6.Proprietary Rights in Content on Achiiva

By displaying or publishing (“insights”) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, you grant Achiiva the license to host and store your content and display your content to your connections on Achiiva and, in the case of your summary profile, to all users of Achiiva.

This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Achiiva servers after you have removed the Content from the Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

The Services contain Content of Achiiva (“Achiiva Content”). Achiiva Content is protected by copyright, trademark, patent, trade secret and other laws, and Achiiva owns and retains all rights in the Achiiva Content and the Services. Achiiva hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Achiiva Content (excluding any software code) solely for your personal use in connection with viewing Achiiva and using the Services.

The Services contain Content of Users and other Achiiva licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

7.Content Posted

Achiiva may delete any Content that in the sole judgment of Achiiva violates these Terms & Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Achiiva assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Achiiva chooses, in its sole discretion, to monitor the Services, Achiiva nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Achiiva does not endorse and has no control over the Content. User content is not reviewed by Achiiva prior to posting and does not necessarily reflect the opinions or policies of Achiiva. Achiiva makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users. You understand that by using the Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Services.

8.Parental or Guardian Permission

Some of the Content may not be appropriate/understood for children. Children under the age of 13 are not permitted to use the Services. Achiiva strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before using the Services.

9.Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Achiiva reserves the right to investigate and take appropriate legal action against anyone who, in Achiiva’s sole discretion, violates this provision, including without limitation, removing any offending communication from the Services and terminating the Usership of such violators. Prohibited Content and activity includes, but is not limited to Content that, in the sole discretion of Achiiva:

    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18 or harms minors in any way;
    6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    7. promotes an illegal or unauthorised copy of another person’s copyrighted work or contains materials that infringe upon any patent trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
    8. contains information that you do not have a right to post under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
    9. involves the transmission of “junk mail”, “chain letters”, “pyramid schemes”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. Includes a photograph of another person that you have posted without that person’s consent.

The following is a partial list of the kind of activity that is illegal or prohibited on Achiiva Services. Achiiva reserves the right to investigate and take appropriate legal action against anyone who, in Achiiva’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
    3. modifying, adapting, translating or reverse engineering any portion of the Services;
    4. using any robot, spider, site search/retrieval application, or other automated device, process or means to access, query, retrieve, index or otherwise collect any portion of the Services (other than with the consent of Achiiva);
    5. accessing, retrieving or indexing any portion of the Services for purposes of constructing or populating a searchable database that is in any way similar to Achiiva Content;
    6. any automated use of the system, such as using scripts to send comments or messages;
    7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    8. attempting to impersonate another User or person;
    9. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
    10. selling or otherwise transferring your profile;
    11. using any information obtained from the Services in order to harass, abuse, or harm another person;
    12. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending private messages with a commercial purpose; or
    13. using the Services in a manner inconsistent with any and all applicable laws and regulations.

10.Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Achiiva to terminate Usership privileges of any User who infringes the copyright rights of others. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. The above information should be forwarded to online@achiiva.com

11.User Disputes

You are solely responsible for your interactions with other Achiiva Users. Achiiva reserves the right, but has no obligation, to monitor disputes between you and other Users.Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

12.Disclaimers

Achiiva is not responsible for any incorrect or inaccurate Content posted on or in connection with the Services, whether caused by Achiiva, Users of the Services or by any of the equipment or programming associated with or utilised in the Services. The Services may contain links to other websites. Achiiva is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Achiiva. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Achiiva. When you access these third-party sites, you do so at your own risk. Achiiva takes no responsibility for third party advertisements which are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Achiiva is not responsible for the conduct, whether online or offline, of any User of the Services. Achiiva assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or User communication. Achiiva is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Achiiva be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Achiiva event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Achiiva expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Achiiva cannot guarantee and does not promise any specific results from use of the Services.

13.Limitation on Liability

IN NO EVENT SHALL ACHIIVA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ACHIIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACHIIVA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACHIIVA FOR THE ACHIIVA SERVICES DURING THE TERM OF USERSHIP.

14.Governing Law and Disputes

These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in Queensland, Australia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, provided that the foregoing shall not prevent Achiiva from seeking injunctive relief in a court of competent jurisdiction.

15.Indemnity

You agree to indemnify and hold Achiiva, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Services causes Achiiva to be liable to another.

16.Other

These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you becoming a User. These Terms & Conditions constitute the entire agreement between you and Achiiva regarding the use of the Services. The failure of Achiiva to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operates to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: online@achiiva.com with any questions regarding these Terms & Conditions.

I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.