Terms and Conditions of Use – Members
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR APPLICATIONS CAREFULLY. This should be read with the General Terms and Conditions document.
The terms “9zest”, “4DxFitness”, “we,” “us,” or “our” used herein refer to 9zest, Inc. and/or its affiliates; “you” or “yours” refer to Coach; and “Member” refers to the User of Coach’s services.
1. ELIGIBILITY; PARENTAL OR GUARDIAN PERMISSION
Some of the Contents or the Services may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICES WITHOUT PERMISSION OF GUARDIAN OR PARENT. If you are below the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms & Conditions. If you are under the age of 18, you may not use the Site or Services, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these Terms & Conditions, do not use the Services.
2. CHARGES AND FEES FOR PREMIUM SERVICE USERS
If you are a subscriber to our Premium Service, you further agree as follows:
a. Cancellation or Reschedule of Live Session by Member: 9zest members are required to give a minimum of 24 hours of notice to cancel or reschedule a session. If a session is requested to be cancelled or rescheduled prior to 24 hours, 9zest will honor the request and give credit for the session. The credited session must be used before the end of the next calendar month. 9zest will attempt to schedule the credit session with the same Coach or a Coach of equivalent skills and background; however, We provide no guarantee of similar results or experience.
In case of less than 24 hours notice or no show by member at the scheduled time, member will not be eligible for any refund or credit
A member is allowed a maximum of 1 cancellation or reschedule per month. Subsequent requests will not be eligible for any refund or credit.
b. Technical issues during a scheduled live session If a live session cannot be conducted due to technical issues arising from either of the member or the Coach side, the session should be abandoned and rescheduled. The rescheduled session must be completed before the end of the next calendar month.
3. HEALTH DISCLAIMERS
WE DO NOT PROVIDE MEDICAL SERVICES OR ADVICE. THE suggestions, recommendations, advice PROVIDED BY OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.
All information by our Services is of a general nature. No information provided through our Services or in any e-mail sent to you by 9zest is to be taken as medical or other health advice pertaining to any individual as specific health or medical condition. Although we take all efforts to provide quality information to you, 9zest disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any 9zest Content. The 9zest Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide any medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all 9zest Content.
9zest is not engaged in rendering medical services. The 9zest Content is not a substitute for the diagnosis and advice of your health care professional and the 9zest Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your health care professional because of anything you may have read or interpreted in the 9zest Content. You must consult your healthcare professional before practicing any recommendations or acting on any 9zest Content. The 9zest Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT 9zest IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE 9zest CONTENT WILL BE YOUR EXCLUSIVE RESPONSIBILITY. 9zest EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE 9zest CONTENT. You agree, at your expense, to release, waive, indemnify and hold 9zest harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against 9zest arising from or related to decisions or recommendations you make using the 9zest Content.
a. No Doctor-Patient RelationshipAny and all services provided by, in and/or through the Services, Website, Application are for informational purposes only. 9zest is not a medical professional, and 9zest does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE 9zest PARTIES (INCLUDING, WITHOUT LIMITATION, ADVANCED STAFF AND COACHES) OR ANY OF THE FACILITATORS THAT ARE 9zest VOLUNTEERS).
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. Should your physical conditions change in the course of using our Services (such as developing a chronic illness or becoming pregnant, etc.), 9zest urges you to contact your physician to receive necessary medical care and disregard any information you may obtain from using our Services that is contradictory to your physician’s advice or guidelines.
9zest is only a venue to connect Coach, trainer, teacher or other such professionals and specialists and users, in the event that you have any dispute with other user, you release 9zest (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
It is for general, educational and informational purposes only and should not be considered as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by us.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF OUR SERVICES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY ATTEMPT TO PROVIDE TO HELP YOU FIND AN APPROPRIATE COACH OR SPECIALIST IN ANY FIELD.
We only support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your Coach or other professional healthcare provider, are the best decision maker about your health. We cannot make decisions for you. We only help you to find good health information and connect with Coaches. By using our Services you can ask and find informational questions and related educational answers by coaches. The Website or Application is not a place for the practice of medicine.
a. Virtual Coaching Service Disclaimer
Depending on your subscription level, you may have access to 9zest personal coaching services (“Virtual Coaching Service”). If you have access to our Virtual Coaching Service, you will be able to interact with a Coach, who may be an employee or a contractor of 9zest or personnel from an unaffiliated third party service provider or from a 9zest Partner. Such individuals designated as a “Coach”, “Trainer”, “Teacher” or “Therapist” will assist users in developing skills to help them achieve their health related goals. Our Advanced Staff members may also act as a Coach from time to time. 9zest may, in its sole discretion, engage or replace any Coach with another without notice to the Virtual Coaching Service users.
The services provided by our Virtual Coaching Service are not medical, mental health or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Groups led by a Coach are designed to provide individuals with education, information and personal support from peers and the group leader regarding your health-related goals. For example, a 9zest Partner, a healthcare provider, may contract 9zest to provide Business Premium Services and ask you to use our Services to track your medical treatments and progress. In such case, your Coach may provide general information about psychological and emotional issues related to health conditions, medical treatments, success stories, and health-related goals in order to help you adhere to the specific regimen prescribed by your physician. However, Coaches are not allowed to use the Virtual Coaching Service to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any Coach or any User of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES, ADVANCED STAFF AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
b. Consultation by Professionals/Specialists
The answers and opinions (collectively “Consultation”) provided by professionals and specialists via our Website or Application are solely the individual and independent opinions and statements of such professionals and specialists, and are not the opinions of 9zest, its affiliates or any other organizations or institutions to which such Doctor or such specialist or professional is affiliated or provides services. We do not recommend or endorse any specific tests, professionals, specialists, products, procedures, opinions, or other information that may be mentioned on our Website or Application or by a licensee of 9zest.
The inclusion of professionals and specialists on our Website or Application does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and we disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.