Wiki4sport Terms and Conditions

Effective date: 24 July 2019

Welcome to Wiki4sport!

By accessing and using Wiki4sport, you agree to be legally bound by these Terms. Please read the Terms carefully. If you do not agree with one or more provisions of these Terms, you should not use Wiki4sport.

1. GENERAL INFORMATION

2. USER ACCOUNT

3. FEES AND PAYMENTS

4. Contracts concluded between users

5. USER-GENERATED CONTENT

6. ACCEPTABLE USE POLICY

7. SECURITY

8. INTELLECTUAL PROPERTY

9. AVAILABILITY

10. DISCLAIMER OF WARRANTIES

11. LIMITATION OF LIABILITY

12. INDEMNIFICATION

13. SEVERABILITY

14. GOVERNING LAW AND DISPUTES

15. MISCELLANEOUS

16. CONTACT

1. GENERAL INFORMATION

1.1. These Wiki4sport Terms and Conditions (the "Terms") constitute a legally binding agreement between an individual user or an entity (the "user") accessing and using the website https://www.wiki4sport.com, the related mobile applications and services (collectively, "Wiki4sport") and WIKI4SPORT having a registered business address at Camino del Bosque, Bosques del Poniente, Nuevo León, Santa Catarina 66362, Mexico ("we", " us", and "our").

1.2. About Wiki4sport . Wiki4sport is an online platform featuring fitness, nutrition, and health-related resources made available by us and individual users of Wiki4sport.

1.3. License to use Wiki4sport. We grant the user a personal, revocable, non-exclusive, non-commercial, non-transferable and limited license to use Wiki4sport pursuant to these Terms. The user is not allowed to use Wiki4sport in countries where it may be restricted or prohibited by local legislation.

1.4. Minors. Wiki4sport is not marketed and should not be used by persons under the age of 18. If a parent or legal guardian becomes aware that Wiki4sport is used a minor under the age of 18, the parent or legal guardian of that child can contact us and request us to delete any content uploaded by the child.

1.5. Third-party links. Wiki4sport may contain links to websites, services, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, as well as the security and privacy practices deployed by the operators of third-party websites and services.

1.6. Support. Any requests for customer or technical support should be addressed to us by email at contact@wiki4sport.com.

1.7. Privacy and other relevant terms. The documents that include important provisions regarding user's access and use of Wiki4sport and should be read and interpreted together with these Terms are:

§ Our privacy and cookie policy available at https://www.wiki4sport.com/avisodeprivacidad.php (the "Privacy Policy"), which describes in detail how we handle users' personal data collected and processed through Wiki4sport;

§ Our disclaimer available at https://www.wiki4sport.com/disclaimer.php (the "Disclaimer"); and

§ Other individual terms and conditions made available by us through Wiki4sport.

1.8. User's warranties. By accessing and using Wiki4sport, the user acknowledges, agrees, and warrants that the user:

§ Will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations;

§ Will provide only true, accurate, complete, and up-to-date information, including personal data;

§ Can conclude legally binding contracts with us; and

§ Is not under any type of judicial interdiction.

2. USER ACCOUNT

2.1. Registration of the Account. In order to use the full functionality of Wiki4sport, the user is required to register a user account (the "Account"). Before creating the Account, the user will be requested to (i) provide the requested personal data, (ii) read and accept these Terms, (iii) read the Disclaimer, and (iv) review the Privacy Policy. The personal data related to the Account will be processed in accordance with our Privacy Policy. The Account is not transferable and the user is solely responsible for any activities occurring through user's Account.

2.2. Security of the Account. The user is solely responsible for maintaining the confidentiality of the Account, including keeping secure user's login details and passwords. By using Wiki4sport, the user agrees to immediately notify us about allegedly unauthorized use of user's Account or any other security breach related to the Account. The user is also responsible for using secure Internet connection and protected networks while using Wiki4sport. We cannot and will not be liable for any loss or damage resulting from user's failure to comply with these security obligations

2.3. Deactivation of the Account. At any time, the user may delete the Account through the "Remove my Account" functionality. Upon deactivation of the Account, these Terms shall terminate and all user's personal data and the User-Generated Content (as defined hereunder) shall be removed.

2.4. Suspension and termination of the Account. We reserve the right to suspend or terminate any Account if, at our sole discretion, we have grounds to believe that user's use of Wiki4sport seriously and repeatedly breaches these Terms. We may also suspend or terminate any Account upon a lawful request of a public authority.

3. FEES AND PAYMENTS

3.1. The Fees. Your use of certain functionalities of Wiki4sport is subject to the applicable service fees (the "Fees"). The Fees and payment terms related thereto are made on Wiki4sport or communicated by us to the user personally upon user's request. The Fees are charged on a subscription basis and the user can choose the number of months (1-12) or a service (e.g., downloading a report) for which the user would like to pay the Fees. The Fees are indicated in United States dollars (USD). We do not charge the Fees automatically on a recurrent basis and the user responsible for renewing user's Fees as soon as the ordered time period expires. By concluding a service contract with us, the user agrees to pay the Fees upon these Terms and the terms and conditions in force at the moment the user concludes a service contract. The Fees remain valid for as long as they are featured on Wiki4sport or user's subscription lasts. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available on Wiki4sport and, if necessary, we will request the to provide consent to the changes of the Fees.

3.2. Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, the user is responsible for paying all applicable taxes.

3.3. Concluding a service contract. If the user would like to conclude a service contract with us, the user needs to: (i) register the Account; (ii) visit https://www.wiki4sport.com/POS/login/ or the chosen service; (iii) choose the preferred options (e.g., the number of months for which the user would like to pay the Fees); (iv) provide the required payment information; and (v) click on the button "Pay". The user will be able to identify and correct any input errors prior to clicking on the "Pay" button. After the user clicks on the button "Pay", we will send a confirmatory email informing the user about the order. By clicking on the button "Pay" and receiving a confirmatory email, the user concludes a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to the user. However, if the user does require any information regarding the order, the user can consult the Account or contact us. We warrant that the services supplied under a service contract are of a reasonably acceptable quality.

3.4. Refunds. We strive to provide the best possible services through Wiki4sport. If the user is not satisfied with Wiki4sport and there is a reason to believe that the quality of the services is impaired due to our fault, we may, after carefully assessing the issue and in our sole discretion, issue partial or full refunds to the user. The situations in which we may consider issuing refunds include: (i) if the services provided though Wiki4sport are impaired due to technical issues that cannot be solved in a reasonably timely manner; (ii) we materially breach these Terms; or (iii) we fail to provide the services as agreed to with the user. In order to terminate the service contract and receive a refund, the user must contact us within the first month of using the services at contact@wiki4sport.com or by using the contact form available on Wiki4sport and explain user's concern in detail. If the user qualifies for a refund, we will issue the refund by using the same payment method that the user used to make the payment, unless the user expressly requests otherwise.

3.5. Payment processing. All payments related to Wiki4sport, including the Fees, are processed by our third-party payment processor PayPal Holdings, Inc. (" PayPal"). PayPal is solely responsible for handling user's payments. The user agrees not to hold us liable for payments that do not reach us because the user has quoted incorrect payment information or PayPal refused the payment for any other reason. PayPal handles all the steps in the payment process on its website, including data collection and data processing. We do not store users' credit card details in our systems.

3.6. Additional fees. The user is solely responsible for paying all fees related to purchasing carrier data plans, Internet service subscriptions, computing equipment, and other fees and taxes associated with user's access and use of Wiki4sport.

4. Contracts concluded between users

4.1. Wiki4sport serves as a reference point and a platform that may facilitate the communication between the users providing services in the fields of sport, health, and nutrition (the " Professionals") and other individual users of Wiki4sport. In some instances, the Professionals and the users may decide to conclude a contract through Wiki4sport (the "Contract"). Wiki4sport does not intervene in any manner into the communication between the Professionals and the users, as well as negotiation, conclusion, and execution of the Contracts.

4.2. Entering into the Contracts. If the Professionals and the users (collectively, the "Contractors") decide to enter into the Contract through Wiki4sport (e.g., a service contract between a fitness instructor and a client), the Contract is a contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Contract and the agreed terms of the Contract. The Contractors acknowledge and agree that we are not a party to the Contract and the formation of the Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and us. The Contractors may enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms.

4.3. By concluding the Contracts, the users agree that they are purchasing services from the respective Professionals and not directly from us and the Professionals are solely responsible for delivering those services. Therefore, for any specifics related to the Contracts, the users are requested to contact the respective Professional.

4.4. We are not a party to the Contracts and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Contracts and any business transactions made between the Contractors as a result of their interactions through Wiki4sport.

4.5. The Professionals are solely responsible for:

§ Ensuring that the Professionals are qualified in providing their services featured through Wiki4sport;

§ Preparing, negotiating, concluding, and executing the Contracts;

§ Issuing invoices;

§ Paying all taxes, duties, insurance payments, social security and unemployment contributions, and other fees associated with payments made under the Contracts; and

§ Cooperating with us in any audits by providing copies of the Contracts, invoices, tax returns, and other financial reports issued under the Contracts.

4.6. Wiki4sport provides general information about the Professionals and displays the profiles created by the Professionals. Please note that Wiki4sport features only a limited list of the Professionals that is compiled by us on the basis of the Accounts and updated from time to time.

4.7. Although we require providing only true, accurate, correct, and up-to-date information through Wiki4sport, we do not guarantee that any information, accreditation, and personal data provided by the Professionals and the users is true, accurate, correct, and up-to-date.

4.8. We make no warranties regarding any services provided by the Professionals through Wiki4sport and any transactions carried through Wiki4sport. The users are solely responsible for carrying out appropriate checks regarding the Professionals, including their relevant trade and industry accreditations, qualifications, and legal authorizations, prior to concluding the Contracts. We strongly encourage the users not to engage in any business relationships and not to make any payments under the Contracts without conducting such checks or if the users have any doubts or concerns regarding the Professionals.

4.9. We are not responsible for any disputes that arise between the Contractors, nor are we obliged to receive or process complaints against the users of Wiki4sport or resolve disputes between the users of Wiki4sport or the Contractors, unless the complaint concerns the performance of our legal or contractual obligations under these Terms. 


5. USER-GENERATED CONTENT

5.1. While using Wiki4sport, the users may submit various content, such as comments, texts, photos, videos, links, and digital files, (collectively, the "User-Generated Content"). Some of the User-Generated Content may become visible and accessible to other user of Wiki4sport or third parties. Therefore, we request the users to: (i) exercise their due diligence when uploading the User-Generated Content onto Wiki4sport; (ii) not to make publicly available any sensitive information; and (iii) make sure that, by uploading the User-Generated Content onto Wiki4sport, the user complies with these Terms.

5.2. By uploading the User-Generated Content to Wiki4sport, the user grants us unrestricted, worldwide, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purpose of providing Wiki4sport.

5.3. The user agrees not to submit the User-Generated Content that violates these Terms or any applicable laws, including privacy, confidentiality, and intellectual property rights of others. We do not control how users handle User-Generated Content and accept no responsibility regarding the User-Generated Content that is used outside Wiki4sport.

5.4. The user understands and agrees that, in order to ensure the security Wiki4sport, we may, but have no obligation to, monitor or review the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of Wiki4sport. However, the users remain solely responsible for their User-Generated Content.

5.5. The user is not allowed to make available through Wiki4sport personal data of persons who have not provided the user with their prior authorization to share that personal data (e.g., the user cannot publish names and photographs of a person who has not allowed the user to do so). It is user's sole responsibility if the user fails to comply with the said obligation.

5.6. The user is not allowed to publish on Wiki4sport any photos or other information from external third-party websites, applications, and services, without obtaining the necessary permission of the respective owners of that content.

6. ACCEPTABLE USE POLICY

6.1. When using Wiki4sport, the user is required to follow our acceptable use policy outlined in this Section 6. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.

6.2. The user is not permitted to use Wiki4sport in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

§ Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;

§ Dissemination of any content which the user does not own or have rights to;

§ Infringement of property or intellectual property rights, including trademarks and copyright;

§ Fraud;

§ Provision of false, inaccurate, or misleading information;

§ Impersonation or misinterpretation of identity;

§ Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;

§ Provision of photographs and personal data without living individuals (other than the user's) consent;

§ Provision of any information relating to minors, which identifies them, provide personal details, or allow to communicate with them, without the direct consent of their parent or guardian;

§ Dissemination of information about acts, including pranks and challenges, that may result in injuries, physical harm, or distress;

§ Posting of content that depicts, links to, or incites others to commit acts of violence;

§ Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;

§ Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;

§ Spreading ethnically, racially, or otherwise objectionable information;

§ Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;

§ Dissemination of any type of commercial messages, marketing, and advertising material;

§ Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Wiki4sport;

§ Interfering with or abusing other users of Wiki4sport;

§ Using bots, scripts, and other automated methods;

§ Collecting and disclosing any information about the users of Wiki4sport;

§ Harming our or Wiki4sport's reputation; and

§ Infringement of any provision of these Terms.

6.3. Reporting inappropriate content. If the user has a reason to believe that some of the content available on Wiki4sport is inappropriate, infringes these Terms, applicable laws, or someone's rights to privacy, the user is kindly asked to contact us immediately at contact@wiki4sport.com. If any content is reported as inappropriate, we will immediately delete such content from Wiki4sport.

7. SECURITY

7.1. We take appropriate security measures to protect the information that we store on Wiki4sport against unauthorized access. Our security measures include:

§ ID encryption;

§ HTTPS protocol;

§ Strong passwords;

§ Prevention of Cross-Site Scripting (XSS) and query injection attacks;

§ Limited access to personal data by our staff; and

§ Anonymisation of personal data (when possible).

7.2. Avoiding phishing and scam. Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, social security/national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal people's money, property or identity. The user agrees not to disclose any financial information through Wiki4sport. We make no representations or warranties as to the conduct of the users of Wiki4sport.

7.3. Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any information caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.

8. INTELLECTUAL PROPERTY

8.1. Wiki4sport's Content. Most of the content made available on Wiki4sport, excluding the User-Generated Content, is owned by us, our partners, agents, licensors, vendors, and/or other content providers (the " Wiki4sport's Content"). The Wiki4sport's Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. The Wiki4sport's Content is protected by the applicable intellectual property laws and international treaties. The user is not allowed, without obtaining prior written authorization from us, to:

§ Copy, distribute, and make available the Wiki4sport's Content to third parties;

§ Disassemble, make alterations, decompile, reverse engineer, translate, and adapt the Wiki4sport's Content;

§ Distribute, rent, loan, use, lease or attempt to grant other rights to the Wiki4sport's Content to third parties; and

§ Use any manual or automated means to scrap any content available on Wiki4sport.

8.2. Third-party intellectual property. Some of the intellectual property featured on Wiki4sport, such as the User-Generated Content and the trademarks of third-party services, may be owned by the users of Wiki4sport and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.

8.3. Copyright infringement claims. We respect intellectual property rights. If the user has any grounds to believe that any content made available on Wiki4sport violates user's or third party's intellectual property rights, we request the user to contact us and express user's concerns or request us to remove the allegedly infringing content (our contact details are available at the end of the Terms). In the copyright infringement claim, please provide sufficient details allowing us to locate the allegedly infringing content on Wiki4sport. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks.

9. AVAILABILITY

9.1. We put reason able efforts to ensure that Wiki4sport is accessible at all times. However, the availability of Wiki4sport may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of Wiki4sport caused by such factors.

10. DISCLAIMER OF WARRANTIES

10.1. We provide Wiki4sport on "as available", "as is", and "with all faults" basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Wiki4sport, any content featured on Wiki4sport, whether provider by us, the users, or third parties, and hereby disclaim all warranties regarding Wiki4sport and its operation.

10.2. It is user's sole responsibility to verify and assess Wiki4sport prior to using it and to decide whether or not Wiki4sport fits for the intended use.

10.3. By using Wiki4sport, the user acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

10.4. Nothing in these Terms shall affect any statutory rights that the user is entitled to as a consumer and that the user cannot contractually agree to alter or waive.

11. LIMITATION OF LIABILITY

11.1. Unless otherwise stated by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user's use of Wiki4sport or any content made available through Wiki4sport. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

11.2. We will not be liable to the user for any direct, indirect or consequential losses, which may be incurred by the user in relation to Wiki4sport, such as:

§ Any health issues, cases of injuries and death experienced as a result of the use of Wiki4sport;

§ Direct and indirect loss of profits;

§ Loss of goodwill or business reputation;

§ Loss of opportunities; and

§ Loss of data.

11.3. We will not be liable to the user for any loss or damage, which may be incurred by the user as a result of:

§ Any changes which we may make to Wiki4sport, or for any permanent or temporary cessation in the provision of Wiki4sport or any features thereof;

§ The deletion of, corruption of, or failure to store the User-Generated Content and other data maintained or transmitted by or through Wiki4sport;

§ User's failure to provide us with accurate personal data;

§ User's submission and use of the User-Generated Content; or

§ Any reliance placed by the user on the completeness, accuracy or existence of any content, information, or recommendations featured on Wiki4sport.

11.4. This Section 11 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

12. GOVERNING LAW AND DISPUTES

12.1. Governing law. These Terms shall be governed and construed in accordance with the laws of Nuevo Levón, Mexico, without regard to its conflicts of law provisions.

12.2. Jurisdiction. The user agrees to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to an alternative dispute resolution (ADR) body.

12.3. Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. No legal assistance or representation is necessary for taking a case to an ADR scheme. The ADR body investigates complains by looking at consumer's and Internet service provider's arguments and comes to a decision it deems to be fair.

12.4. This Section 12 does not affect any statutory rights that the user is entitled to as a consumer.

13. MISCELLANEOUS

13.1. Term and termination. The Terms enter into force on the effective date indicated at the top of the Terms and remain in force until updated or terminated by us or until the user stops using Wiki4sport.

13.2. Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version of the Terms on Wiki4sport. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Wiki4sport, and our business practices. We will send a notification through Wiki4sport about any material amendments to the Terms. User's continued use of Wiki4sport after any changes shall constitute user's consent to such changes. We also reserve the right to modify the services provided through Wiki4sport at any time, at our sole discretion.

13.3. Breach of the Terms. If we believe, at our sole discretion, that the user violates these Terms and it is appropriate, necessary or desirable to do so, we may:

§ Send the user a formal warning;

§ Temporarily or permanently prohibit the use of Wiki4sport;

§ Report the user to the relevant public authorities; or

§ Commence a legal action against the user.

13.4. Transfer of rights. The user is not allowed to assign user's rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice. If the user does not agree to the transfer, the user can terminate these Terms with immediate effect by and stopping to use Wiki4sport.

13.5. Merger or acquisition. In the event our business, during the term of these Terms, is acquired, merged, or sold, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving entity shall assume and be bound by the provisions of these Terms.

13.6. Indemnification. The user agrees to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, and suppliers harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of user's breach of these Terms, user's access and use of Wiki4sport, or user's violation of any law or the rights of a third party, including intellectual property rights.

13.7. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

13.8. Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between the user and us regarding user's relationship with us and govern the use of Wiki4sport.

14. CONTACT

Any notices or questions regarding these Terms should be sent to us by using the following contact details:

Email: contact@wiki4sport.com

Postal address: Camino del Bosque, Bosques del Poniente, Nuevo León, Santa Catarina 66362, Mexico

Phone: (+52) 8186562005

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