USER CONDITIONS – TOP
TRAINERS
TERMS OF USE OF
THE "TOP TRAINERS" WEBSITE, WEBSITE www.toptrainers.ae, MOBILE APPLICATIONS, other TOP TRAINERS
services (hereinafter collectively referred to as "Sites")
Please read these
Terms carefully before downloading the Application and/or using the TOP
TRAINERS Service or Website. By accessing the Application and/or the Website,
you agree to comply with these Terms (which include any Rules of the App Store,
Google Play Market).
Please note: You
must be 18 years old or older to use the TOP TRAINERS Application, Website and
Service. If you are under the age of 18 or you do not agree to these Terms, do
not use the Application or the Website and do not register as a user of the TOP
TRAINERS Service. If you invite other people to train with you, you are
responsible for ensuring that they are 18 years of age or older.
INTRODUCTION ABOUT TOP
TRAINERS
TOP TRAINERS
provides an online marketplace through Sites that brings together independent
personal trainers, fitness experts and other nutrition and health professionals
(collectively referred to as "Trainers") who offer sporting
activities of any kind, including, but not limited to, personal training,
strength/bodybuilding, swimming, boxing/kickboxing and MMA, pilates, circuit
training/training camps, rhythmic gymnastics, zumba, self-defense, cardio,
flexibility and mobility, functional training and yoga, nutrition coaching, and
other types of training (hereinafter referred to as "Session") for
clients who want to schedule Sessions with Trainers ("Client" or
"Clients"),
TOP TRAINERS is a
platform where Trainers can post information about themselves and the Sessions
they offer, and Clients can plan and pay for Sessions and other services
offered by TOP TRAINERS through Sites (collectively referred to as "TOP
TRAINERS Services").
It is assumed
that by using the Sites, you have read and accepted the following conditions:
The Sites are
operated by ATHLETIC TECHNOLOGIES LLC, a free zone limited liability company
duly registered in Dubai, United Arab Emirates, license number 1247317,
registered at Youssef Zahra Building block B1022 (hereinafter referred to as
"TOP TRAINERS", "us", "we", "our").
The Sites are
provided to you for your personal use in accordance with these terms and
conditions, as well as any other rules published on the Sites, including, but
not limited to, the Privacy Policy (collectively, the "Terms and
Conditions").
By visiting the
Sites, you agree to comply with the rules described in these Terms and
Conditions, which govern your access, use and viewing of the Sites, as well as
all content and functions available on the Sites. Sites (or any of our other
websites, applications, content, products, services accessed through any domain
names associated with TOP TRAINERS), our Content and TOP TRAINERS Services
(collectively, the "TOP TRAINERS Platform").
If you want to
access, use or view the TOP TRAINERS Platform or any part of it, you must read
and agree to our policy regarding the TOP TRAINERS Platform, regardless of
whether you are a trainer, client or any other person, with or without the
intention of using the TOP TRAINERS Services. In particular, your attention is
drawn to our policy regarding the terms of use of the TOP TRAINERS Platform,
the terms of purchase of TOP TRAINERS Services and our Privacy Policy. If you
are under the age of 18, you must inform your parent or guardian about our
Privacy Policy before registering to use the TOP TRAINERS Platform, including any
TOP TRAINERS Services.
If you accept or
agree to these Terms and Conditions on behalf of a company, legal entity,
association, partnership or other person ("Entity"), you represent
and warrant that you have the authority to associate that person with these
Terms and Conditions, in which case the words "you" or
"your" will refer to and apply to this organization. Even if you use
the TOP TRAINERS Platform or TOP TRAINERS Services on behalf of a Legal Entity,
you agree that these Terms and Conditions and the Privacy Policy bind you as an
individual.
We grant you a
non-transferable and revocable personal license to use the software provided to
you by us as part of the Sites, with the sole purpose of enabling you to use
and enjoy the benefits of the TOP TRAINERS Platform in an authorized way
according to the Terms and Conditions. Commercial use or use on behalf of any
third party is prohibited, except as expressly authorized by us in writing and
in advance. Any violation of these Terms and Conditions will result in the
immediate revocation of the license granted in this clause, without prior
notice and without prejudice to any other rights of TOP TRAINERS, in addition
to any other remedy available to us under these Terms and Conditions.
REGISTRATION
Some Site services
and related features, such as, but not limited to, newsletters that may be
available on the TOP TRAINERS Platform, may require registration or
subscription in order for you to use them. In addition, before using TOP
TRAINERS Services, you must register an account that will be linked to your
email address and phone number ("Account").
You agree to
follow the on-screen instructions, fill out the appropriate forms and enter the
information requested in connection with any registration process. You represent
and warrant that the information you provide in connection with any
registration process or otherwise requested for an Account or in connection
with your use of TOP TRAINERS Services will always be accurate, truthful,
up-to-date and complete; and you agree to promptly update such information in
the event of any changes.
We may change our
registration or subscription requirements from time to time. As a user of the
TOP TRAINERS Platform, you are solely responsible for keeping passwords and
other account identifiers secure and agree to take all reasonable and
appropriate security measures to prevent any unauthorized access or use of the
Account or other security breach related to the TOP TRAINERS Platform or data
accessible through the Account. Without limiting the foregoing, you are solely
responsible for all statements made, actions or omissions that occur during the
use of your account password by you or third parties. In addition, you must
immediately notify us of any unauthorized use of your password or Account.
TOP TRAINERS is
authorized to act in accordance with the instructions or information obtained
through the use of any Account, and is not responsible, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of or in
connection with your failure to comply with this clause. You are solely
responsible for maintaining backups of any content that you do not wish to
delete, modify or delete from your Account. You may be liable for our or other
damages resulting from any unauthorized use in accordance with this paragraph.
Please refer to
our Privacy Policy to find out how we use your data.
FEATURES OF THE TOP TRAINERS
PLATFORM
TOP TRAINERS is
the sole owner or licensee, depending on the circumstances, of its content and
may make changes to all content available on or through the TOP TRAINERS
Platform, including, but not limited to, text, brands, photos, documents,
graphics, audio, video, logos, icons, images, media, data, charts, maps,
software and other information and materials, ideas, proposals, concepts,
content, materials, works and results (collectively referred to as "TOP
TRAINERS Content"), services or functions of the TOP TRAINERS Platform, as
well as any other aspect of the TOP TRAINERS Platform or any part or any of the
above at any time.
The TOP TRAINERS
Platform may also include features that allow you to send information,
materials, emails and other types of messages or notifications to TOP TRAINERS
or other users of the TOP TRAINERS Platform, create a profile in connection
with your Account that is available to other TOP TRAINERS users. The Platform
or the public may provide reviews, opinions, biographical information and other
content that others may have access to or view, or make other information, materials
or materials available on or through the TOP TRAINERS Platform.
You are
responsible for your use of the TOP TRAINERS Platform, for any information,
text, graphics, photos or other materials that you upload or publish on the TOP
TRAINERS Platform (collectively, "Your Content"), as well as for any
consequences of such actions. Most of the content that you submit, publish or
display through the TOP TRAINERS Platform is public by default and can be
viewed by other users, as well as through third-party services and websites.
You must provide only the content that is convenient for you to share with
others in accordance with these Terms and Conditions.
By posting your
content, you agree not to leave comments that are not factual, including, but
not limited to, any racist and homophobic comments, profanity, insults to
another user, disrespect for another culture, or any other derogatory or
inappropriate comments. We cannot monitor or control Your Content and cannot
take responsibility for Your Content. Any use of your content or content
provided by any party other than TOP TRAINERS (for example, other users,
hereinafter also referred to as "Other Content") or received by you
through the TOP TRAINERS Platform is at your risk.
Your Content may
be moderated and its display may take up to 48 hours, but TOP TRAINERS is not
obligated to check all Your Content or Other Content and will not be
responsible for this. If you have any complaints about any publications, please
contact our client support. TOP TRAINERS reserves the right, at its sole
discretion, not to publish or remove any of Your Content or Other Content that,
in its opinion, may be illegal, defamatory, racist or defamatory, incite hatred
or violence, harm people, institutions, religions or people's interests,
violating confidentiality that may harm minors, damages trademarks, patents and
copyrighted content, contains personal data or improperly uses the medium to
promote and advertise a business.
We do not
endorse, support, represent or warrant the completeness, truthfulness, accuracy
or reliability of Other Content and do not endorse any opinions expressed
through the TOP TRAINERS Platform. You understand that by using the TOP
TRAINERS Platform, you may encounter Other Content that may be offensive, harmful,
inaccurate or otherwise inappropriate, as well as, in some cases, messages that
have been mislabeled or otherwise misleading. Under no circumstances will we be
liable in any way for any of Your Content or Other Content, including, but not
limited to, any errors or omissions in Your Content or Other Content, as well
as any loss or damage of any kind incurred as a result of the use of Your
Content or Other Content published, emailed, transmitted or otherwise available
through the TOP TRAINERS Platform or broadcast anywhere else.
You retain your
rights to Your Content. By submitting, publishing or displaying Your Content on
or through the TOP TRAINERS Platform, you grant us a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable license (with the right of sublicense) to
use, copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute Your Content by any means or ways of distribution (currently known
or developed later). You agree that this license includes the right of TOP TRAINERS
to provide, promote and improve the TOP TRAINERS Services, as well as to
provide Your Content to other companies, organizations or individuals who are
partners of TOP TRAINERS to distribute, broadcast, distribute or publish Your
Content on other sites, media and services in accordance with our terms of use
of Your Content. Such additional use by TOP TRAINERS or other companies,
organizations or individuals who are partners of TOP TRAINERS may be carried
out without paying you compensation in respect of Your Content.
We may modify or
adapt Your Content to transmit, display or distribute it over computer networks
and on various media and/or make changes to Your Content necessary to meet and
adapt Your Content to any requirements or restrictions of any networks,
devices, services or media. We reserve the right at any time (but will not be
under any obligation) to remove or refuse to distribute any of Your Content,
suspend or terminate users, and return user names without any liability to you.
We also reserve the right to access, read, store and disclose any information
that we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, lawsuit or government request, (ii) enforce the Terms and
Conditions, including investigation of potential violations of this Agreement,
(iii) detect, prevent or otherwise eliminate fraud, security or technical
problems, (iv) respond to user support requests, or (v) protect the rights,
property or safety of TOP TRAINERS, its users and the public.
You may not perform
any of the following actions when accessing or using the TOP TRAINERS Platform:
(i) access, interfere with or use closed areas of the Sites, our computer
systems or technical delivery systems of our providers; (ii) investigate, scan
or check the vulnerability of any system or network, and violate or circumvent
any security or authentication measures; (iii) access, search or attempt to
access or perform a search on the TOP TRAINERS Platform by any means (automatic
or otherwise) other than our currently available published interfaces, which
are provided by us (and only in accordance with the Terms and Conditions),
unless you were specifically authorized to do so in a separate agreement with
us; (iv) forge any TCP/IP packet header or any part of the header information
in any email or publication, or in any way use the TOP TRAINERS Platform to
send altered, misleading or false information identifying the source; or (v)
interfere or disrupt (or attempt to do so) the access of any user, host or
network, including, but not limited to, sending a virus, overloading, flooding,
spamming, email bombing Sites, or by creating scripts to create Your Content in
such a way as to interfere with the operation of Sites or create excessive load
on them.
RIGHT TO PURCHASE
The purchase of
TOP TRAINERS Services through TOP TRAINERS Platforms is strictly limited to
persons who can legally conclude and execute contracts on the Internet in
accordance with the legislation of the United Arab Emirates.
To make purchases
on the TOP TRAINERS Platform, you will need to provide your personal data,
including your real name and surname, a valid email address, payment details, a
valid billing address and other requested information, as indicated. You
declare and guarantee that the payment details provided by you are valid,
complete and correct, and confirm that you are the person indicated in the
provided payment information.
TOP TRAINERS
Services are available only to persons who meet the conditions of participation
in the TOP TRAINERS program, those who own a valid credit/debit card issued by
a bank acceptable to TOP TRAINERS, as well as those who have authorized us to
process payments or fees on their credit/debit card in the amount of the total
cost of purchasing TOP TRAINERS Services. The purchased TOP TRAINERS Services
are intended only for personal use or use as a gift and are not subject to
resale, use for commercial purposes or for any other commercial gain. TOP
TRAINERS reserves the right to restrict the purchase of TOP TRAINERS Services
by any client at its discretion.
By wishing to
purchase TOP TRAINERS Services, you expressly authorize TOP TRAINERS to perform
credit checks and transfer or receive your credit/debit card information or
credit report information (including any updated information) to or from third
parties to authenticate your identity, verify your credit/debit card, obtain
initial credit/debit card authorization and/or authorize individual purchase
transactions, if we deem it necessary. You agree that we may use the personal
information you provide to conduct appropriate fraud checks, and such personal
information may be disclosed to a credit information agency or fraud prevention
agency that may keep records of this information.
Please refer to
our Privacy Policy for information about how we use your data.
PERMITTED USE OF THE TOP
TRAINERS PLATFORM
The TOP TRAINERS
Platform and TOP TRAINERS content are available for your personal,
non-commercial use, provided that Trainers can use the TOP TRAINERS Platform to
promote the services they provide in Sessions, provided that the Trainer fully
complies with these Terms and Conditions of the Trainer.
You agree to
comply with any published restrictions regarding the use, reproduction or
distribution of any content. Any use of the TOP TRAINERS Platform, including,
but not limited to, the Sites, TOP TRAINERS content or any part of the above,
in any way not expressly permitted by these Terms and Conditions, is prohibited
and may be prosecuted.
The TOP TRAINERS
Platform is controlled on the territory of the United Arab Emirates. Those who
decide to access the TOP TRAINERS Platform from locations outside the United
Arab Emirates do so on their own initiative and are responsible for complying
with local laws if and to the extent that local laws are applicable.
TOP TRAINERS
reserves the right to restrict the availability of the TOP TRAINERS Platform to
any person, geographical region or jurisdiction at any time at its sole
discretion.
You understand
and agree that TOP TRAINERS may terminate or restrict your use of all or any
part of the TOP TRAINERS Platform at any time for any reason or no reason, with
or without notice.
PRIVACY POLICY
We strive to
protect your privacy. We constantly check our systems and data to ensure the
best possible service to our Clients. Check out our full Privacy Policy.
TOP TRAINERS SERVICES –
TERMS OF USE FOR CLIENTS
When registering
your Account, you may be asked to answer several questions about your physical
condition (weight, height, etc.), your preferred sessions and the desired
results from using TOP TRAINERS Services. These questions will only allow us to
help you achieve your goal.
To take advantage
of all the benefits of TOP TRAINERS Services, including, but not limited to,
planning and performing Workouts, you must purchase sessions in advance (each
of which is referred to as a "Session") that will accumulate in your
Account.
Clients may be
able to purchase, schedule, and pay for session packages that can be used by
multiple trainers.
After purchasing
sessions, you will be able to choose the type of service, the selected trainer
and the available time intervals. You will need to schedule and use all
Sessions in the TOP TRAINERS application, unless otherwise provided by these
Terms and Conditions.
Although the
preferred option is to keep the same trainer throughout your experience at TOP
TRAINERS, we understand that you may need an alternative trainer for personal
or other reasons. You are in no way obligated to retain such a Trainer and can
change him/her at any time in accordance with the cancellation policy.
If available, you
can schedule any training session with trainers at any time. When planning a
training, you will be asked to specify the following ("Training
Selection"): (a) the type of activity for your training (e.g. boxing,
yoga, pilates, etc.), (b) the date and time of your training ("Training
Time"), (c) whether more than one (1) person joins the training (other
than the Trainer) ("Training Participants"), provided that no more
than three (3) people can participate in the training; (d) a Trainer for your
training; and (e) the place where your training will take place ("Training
Place").
After sending the
training selection, your chosen trainer will be notified of your choice and
will be able to accept or reject the training. If the Trainer agrees to the
training, you will receive a notification of the Trainer's consent
("Trainer Acceptance"). If your chosen Trainer is unavailable or does
not agree to the training, TOP TRAINERS will choose another Trainer and after
accepting a new Trainer will send you an email about the change of Trainer and
the consent of the new Trainer. If you don't cancel the training, your training
will remain scheduled with the new trainer.
The Client agrees
and undertakes to ensure that each Participant of the training session
scheduled by the Client agrees to all obligations and all terms and conditions
that apply to the Client in accordance with these Terms and Conditions,
provided that only the Client will have the obligation to pay for the Session,
and only the Client will have the right to schedule and cancel Sessions or
cancel the Client's subscription. The Client acknowledges and agrees that only
persons who agree with the above can participate in the Training. The Client is
fully responsible for the violation of these Terms and Conditions by each
Participant of the training. The Client agrees that upon request, the Client
must disclose to TOP TRAINERS the name and contact information of each
Participant of the Training. The Client must immediately notify TOP TRAINERS if
the Client becomes aware of any violation of these Terms and Conditions by the
Client or any Training Participant or Trainer.
As part of
choosing a training, you may also have the opportunity to provide the Trainer
with additional information, such as preferences for your training.
Training Place
For any session,
you can choose either a training location of your choice ("Your chosen
training location"), or a gym, partnered by TOP TRAINERS, for an
additional fee.
If you choose a
self-selected training location, you will be responsible for organizing and
providing access to the Trainer, and also declare and guarantee that the
training location you have chosen is a safe and suitable place for training,
and you or other training participants are authorized to conduct training in
such a place.
TOP TRAINERS
itself is not a gym, fitness studio or service provider and does not own,
manage or control any trainings, services or facilities available through the
Sites.
TOP TRAINERS will
keep a record of your transactions for at least one (1) year.
PRICES AND PAYMENT POLICY
Prices are fixed
and are determined from time to time by TOP TRAINERS. They may vary depending
on the type of sessions selected. In addition, preferential tariffs for the
Client may be applied in each specific case.
Prices for TOP
TRAINERS Services on the TOP TRAINERS Platform are quoted in United Arab
Emirates dirhams (AED) and do not include any applicable taxes, fees or duties
levied by the tax authorities, and the Client is responsible for paying all
taxes, fees, or duties related to his or her purchases made in connection with
the TOP TRAINERS Platform, if applicable.
You may also be
charged an additional fee for sessions involving more than one participant
(other than the Trainer). Fees for the sessions you have selected, as well as
additional fees described in the previous offer, will be displayed at execution
of the order (collectively referred to as "Fees").
Increased Fees:
TOP TRAINERS may increase any fees at any time by notifying the Client at least
thirty (30) days in advance, provided that any increase in fees will not affect
sessions that have already been scheduled and paid for. Notification of any
increase in the Commission will be sent to you at the email address associated
with the Account.
We accept the
following types of payments:
– credit/debit
card: VISA-MASTERCARD
All credit/debit
card payments are subject to verification and authorization by the issuer. If
the credit/debit card issuer refuses to authorize the payment, we will not be
responsible for any financial expenses. We will cancel your purchase and
contact you to select an alternative payment method.
The details of
the credit/debit card used to make the payment must exactly match the
identification information of the cardholder available to the issuer. The
payment will be debited and withdrawn from your account after the permission of
the card issuer. You confirm that the credit/debit card used belongs to you or
that you have been specifically authorized by the owner of the credit/debit
card to use it.
You authorize TOP
TRAINERS to debit funds from your credit card, debit card or other payment
method specified in the Invoice, as well as to receive payment using this
method in respect of any Commission as they become due. For all Packages, all
Commissions are automatically deducted from the specified credit/debit card. If
you wish to assign a different payment method to charge future Commissions, or
if there have been changes in the expiration date or details regarding such a
payment method, you must update your Account immediately.
You may have the
opportunity to share the fees for a specific workout with other training
participants through the TOP TRAINERS Platform. You have no right to demand
that a person who does not have a TOP TRAINERS account share the training fee
with you.
If you are a
Client whose credit/debit card is not denominated in dirhams of the United Arab
Emirates, the final price will be calculated according to the current exchange
rate on the day when your card issuer processes the transaction.
No credit/debit
card data will be stored, sold, transferred, or leased to third parties, with
the exception of our online payment gateway service provider.
However, you will
keep copies of all transactions in your records.
We pay reasonable
attention to the security of the Sites. Rest assured, your card number will be
protected using SSL (Secure Socket Layer). SSL is a security technology that
encrypts your card data and provides a secure connection between Internet
browsers and websites, allowing you to transfer personal data online. We take
reasonable precautions, to the best of our ability, to ensure the security of
your order and payment details, but in the absence of negligence on our part,
we cannot be held responsible for any losses that you may incur if a third
party provides unauthorized access to any data that you provide when accessing
or purchasing on The TOP TRAINERS Platform.
CANCELLATION, REFUND AND
EXCHANGE POLICY
We intend to
provide conditions under which our Clients will be satisfied with the purchase
of TOP TRAINERS Services from us.
We fully
understand that sometimes you may change your mind or face changes in your
training at the last minute. If you change your mind before receiving a
Training, we will make every reasonable effort to cancel the Training and
refund the Session money to your Account so that you can use it later.
Cancellation of a
training session by the client
You can cancel
any scheduled training through your Account.
If you cancel a
scheduled training, you will only be eligible for full session credit for the
canceled training if the training was canceled at least eight (8) hours before
the scheduled training.
In any case, the
refund will appear as a Session on the Client's Account within twenty-four (24)
hours from the date of such cancellation.
At the discretion
of TOP TRAINERS, pro rata refunds or compensation may be provided under
extenuating circumstances for Sessions that you have not received, (i) as a
result of a special refund guarantee promotion to correct any mistakes made by
TOP TRAINERS, or (ii) in the event that TOP TRAINERS permanently terminates or
ceases to offer the TOP TRAINERS Services or (iii) terminates your access to
TOP TRAINERS Services for any reason other than your violation of these Terms
and Conditions.
With the
exception of the cases mentioned above, all Commissions paid by TOP TRAINERS
are non-refundable/offset.
Cancellation of a
training session by a trainer
If the Trainer
cancels the Training, at any time the Client(s) who signed up for the Training
has the right to a full refund for the canceled Training or to replace the
Training with the Session.
In this case, the
Trainer, within his capabilities, will appoint a replacement for the instructor
or cancel the Training. If the Trainer does not find a replacement, the Client
will see that the Session has been credited to him in full. If the Trainer
finds a replacement, the Client will have the right, at his discretion, to
accept or refuse the Trainer and receive a full session credited to his
Account.
All refunds will
be made in the form of session credits to the Client's Account.
If a Trainer
cancels a scheduled training, you can be notified by phone or email at the
phone number or email address associated with your Account.
Expiration Date
The validity
period of all packages and services purchased in the TOP TRAINERS application
is 6 months from the date of purchase. We strive to ensure that our Clients
have enough time to complete their packages, at the same time our services must
include an expiration date for accounting purposes. All sessions will be
automatically cancelled after 6 months, TOP TRAINERS reserves the right to
extend the validity period at our sole discretion and only in cases related to
1) the inability of TOP TRAINERS to provide services on time 2) Force Majeure.
TOP TRAINERS SERVICES –
TERMS OF USE FOR TRAINERS
In addition to
these Terms and Conditions (excluding any Client-only sections), Trainers must
agree to the terms and conditions for Trainers before offering or accepting any
Sessions through the TOP TRAINERS Platform. The conditions for traineres will
be available on the trainer's page after the trainer submits an application and
is selected as a trainer.
RESPONSIBILITY FOR SERVICES
By purchasing
Sessions, benefiting from Training and using TOP TRAINERS Services offered by
the TOP TRAINERS Platform, you acknowledge and agree that TOP TRAINERS is not
responsible for the quality or effectiveness of TOP TRAINERS Services or
Training, except as described in these Terms and Conditions and that the full
responsibility for the TOP TRAINERS Services lies with the Trainers.
YOUR SCHEDULE AND
PARTICIPATION IN ANY TRAINING IS CARRIED OUT SOLELY AT YOUR OWN RISK. YOU
UNDERSTAND AND AGREE THAT TOP TRAINERS IS NOT A PARTY TO ANY WORKOUTS OR
TRAININGS BETWEEN CLIENTS AND TRAINERS. YOU UNDERSTAND AND AGREE THAT TRAINERS
ARE NOT EMPLOYEES, AGENTS, JOINT VENTURES OR PARTNERS OF TOP TRAINERS, UNLESS
OTHERWISE STATED ON THE TOP TRAINERS PLATFORM. THE TOP TRAINERS PLATFORM OFFERS
EXCLUSIVELY A PLATFORM FOR TRAINERS AND CLIENTS TO COMMUNICATE WITH EACH OTHER,
AND FOR CLIENTS TO DIRECTLY ATTRACT TRAINERS. TOP TRAINERS DOES NOT HIRE
TRAINERS FOR CLIENTS. TRAINERS ACT SOLELY ON THEIR OWN BEHALF, AND NOT ON
BEHALF OF TOP TRAINERS. TOP TRAINERS MAKES NO REPRESENTATIONS, WARRANTIES,
GUARANTEES OR CONFIRMATIONS REGARDING ANY TRAINER OR OTHER THIRD-PARTY PRODUCTS
OR SERVICES, THE COMPATIBILITY OF ANY CLIENT WITH ANY TRAINER, OR THE QUALITY,
DURATION, LEGALITY OR OTHER ASPECTS OF THE SERVICES OR PRODUCTS OFFERED, OR
PROVIDED BY TRAINERS OR OTHERWISE RECOMMENDED, ADVERTISED OR OFFERED ON THE TOP
TRAINERS PLATFORM OR THROUGH THE TOP TRAINERS PLATFORM. TOP TRAINERS MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE AMOUNTS THAT TRAINERS
CAN EARN THROUGH THE TOP TRAINERS PLATFORM, THE BEHAVIOR OF ANY CLIENT OR
PARTICIPANT OF THE TRAINING, THE SAFETY OR SUITABILITY OF ANY TRAINING VENUE,
OR THE CLIENT OR TRAINER CANCELING ANY TRAINING.
RESTRICTIONS ON THE USE OF
THE TOP TRAINERS PLATFORM
You are responsible for using the TOP TRAINERS Platform. You agree that the following actions, among other things, are prohibited and constitute a material violation of these Terms and Conditions. This list is not exhaustive, and TOP TRAINERS reserves the right to determine what types of behavior it considers improper use of the TOP TRAINERS Platform or any part of it.
In case of improper use, TOP TRAINERS may take such measures as it determines at its discretion. As an example, and not a limitation, you agree that you will not:
use TOP TRAINERS Services for any purpose other than receiving or offering personal training and fitness services through Sessions; no other services may be received or offered in connection with TOP TRAINERS Services;
schedule a training outside of the TOP TRAINERS Platform with any Trainer or Client you met through the TOP TRAINERS Platform;
pay to any Trainer or accept payment from Clients outside of the TOP TRAINERS Platform;
demonstrate any disrespectful or inappropriate behavior at any time during any training;
contact the Client if you are a Trainer, or contact the Trainer if you are a Client for any reason other than the reasons that relate to the scheduled session, provided that the Client can only contact the Trainer, and the Trainer can only contact the Client by text message or phone at the following times: (a) from 8:00 to 20:00 local time, (b) if your training is scheduled before 8:00 a.m. local time, you may also be contacted before 8:00 a.m. local time on the day of your training, but no earlier than one hour before your scheduled training; and (c) if your training is scheduled after 20:00 local time, you may also be contacted after 20:00 local time on the day of your training, but no later than an hour after the scheduled training;
transfer or sell any Sessions; Sessions are not transferable to others and are not subject to sale;
violate any law or regulation or use the TOP TRAINERS Platform for any unlawful purposes or take any action in violation of any law or regulation;
violate or infringe on the intellectual property, confidentiality, publicity or other legal or contractual rights of any other user of the TOP TRAINERS Platform or third parties;
use the TOP TRAINERS Platform to transmit, distribute, publish or provide any information concerning any other individual or legal entity, including, but not limited to, photos or personal contact information of other persons, without their permission, except for feedback that you can leave to the trainers or Clients via the TOP TRAINERS Platform;
transmit anything that is illegal, offensive, disturbing, reputational, pornographic, obscene, offensive, hateful, racist or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial messages, such as spam;
transmit any malicious code, computer viruses, cancellation bots, Trojan horses, flood pings, denial of service attacks, packet or IP address spoofing, fake routing or email address information, or similar methods or technologies;
harass, persecute, defame, threaten or harm another person;
impersonate another person or misrepresent your identity or your affiliation with any natural or legal person;
create a false impression that you support TOP TRAINERS, cooperate with them, or act on behalf of or in favor of TOP TRAINERS;
use any automated devices, bots, agents, scanning, cleaning, scripts, intelligent search or any similar means of accessing TOP TRAINERS Content or Other Content, as well as other information or materials available through the TOP TRAINERS Platform;
systematically extract data, TOP TRAINERS Content or Other Content from the TOP TRAINERS Platform for creation or compilation, directly or indirectly, during one or more downloads, collections, compilations, databases, catalog, etc., both by manual and automated methods (although operators of public search engines can use spiders to index materials from the TOP TRAINERS Platform for the sole purpose of creating publicly available search indexes of materials, and TOP TRAINERS reserves the right to revoke these exceptions either in general or in specific cases);
use automated methods to use the TOP TRAINERS Platform in such a way that more requests are sent to TOP TRAINERS servers over a certain period of time than a person can reasonably complete over the same period using a regular web browser;
interfere with or damage, or attempt to interfere with or damage the TOP TRAINERS Platform or any of its functionality in any way, including, but not limited to, the use of any device, software, subroutines, etc., or attempt to access any area of the Platform. TOP TRAINERS Platform that you are not allowed to access;
register more than one Account, register an Account on behalf of another person other than yourself, or transfer the Account to another person without our consent;
use the TOP TRAINERS Platform to recruit or otherwise attract any user to join third-party services or websites competing with TOP TRAINERS, without the prior written consent of TOP TRAINERS;
use, display, reflect or create a frame of the TOP TRAINERS Platform or any individual element on the TOP TRAINERS Platform, the name of TOP TRAINERS, any trademark, logo or other information owned by TOP TRAINERS, as well as the layout and design of any page or form contained on the page, without the express written consent of TOP TRAINERS;
copy, adapt, modify, prepare derivative works based on, distribute, aggregate, license, sublicense, sell, resell, transfer, assign, publicly display, publicly perform, transmit, broadcast or otherwise use the TOP TRAINERS Platform or TOP TRAINERS Content, except as expressly permitted by these Terms and Conditions;
access, interfere with or use closed areas of the TOP TRAINERS Platform, TOP TRAINERS computer systems or technical delivery systems of TOP TRAINERS providers;
falsify or delete any author's instructions, legal or other notices, as well as designations of property rights or labels of origin or source;
attempt to investigate, scan or verify the vulnerability of any TOP TRAINERS system or network or violate any security or authentication measures;
get access to the TOP TRAINERS Platform for the purpose of monitoring its availability, performance or functionality, as well as for any other purposes of comparative analysis or competition, including, but not limited to, the creation of a competitive product or service;
take any actions that impose an unreasonable or disproportionately large load on the infrastructure of the TOP TRAINERS Platform or that may otherwise adversely affect the operation of the TOP TRAINERS Platform or restrict any other user or TOP TRAINERS from using the TOP TRAINERS Platform;
collect or otherwise gather information about other persons, including, but not limited to, email addresses or other contact information, without their consent, as well as hack or violate any security measures of the TOP TRAINERS Platform;
avoid, circumvent, delete, deactivate, violate, decrypt or otherwise circumvent any technological measures implemented by TOP TRAINERS or any of the TOP TRAINERS suppliers or any other third party (including another user) to protect the TOP TRAINERS Platform;
attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the TOP TRAINERS Platform, except as permitted by applicable law;
engage in any other activity that, in the opinion of TOP TRAINERS, exposes him or any third party to potential liability or damage of any type; or
cause, protect, encourage or assist any third party in the commission of any of the above actions.
You acknowledge that TOP TRAINERS is not obligated to control your access to or use of the TOP TRAINERS Platform, but has the right to do so for any purpose at its discretion. TOP TRAINERS may, at its sole discretion, investigate and prosecute violations of these Terms and Conditions to the fullest extent of the law.
INTELLECTUAL PROPERTY
All copyrights, trademarks, trade names, corporate identity, design, appearance of the Sites, other intellectual property and materials, rights to the Sites and related thereto, including software, as well as all HTML code and other code contained on the Sites, page titles, images, texts, Illustrations, formats, logos, drawings, icons, photographs, programs, music videos or downloads and video clips (collectively referred to as "IP") belong to and always remain the property of ATHLETIC TECHNOLOGIES LLC and/or are the property of their respective owners and are protected by the laws of the UAE and international trademark and copyright laws. You may access, view, download and print the intellectual property and all other materials provided on our TOP TRAINERS Platform for your personal, non-commercial use only in cases where this is expressly permitted by TOP TRAINERS and/or its third-party licensors, provided, however, that you (i) do not modify or change the IP in any way; and (ii) not provide or grant access to the IP to any third party for commercial purposes. You will not acquire any copyrights, trademarks or other intellectual property rights. No license, rights, ownership or interest in any materials or software is transferred to you as a result of your use of the TOP TRAINERS Platform or access, viewing, downloading or printing intellectual property. You may not reproduce (except as described above), publish, transmit, distribute, display, modify, create derivative works, sell or participate in any sale or use in any way, in whole or in part, any intellectual property or our Sites. IP can only be used as a trading resource. Any other use, including reproduction, modification, distribution, transfer, republication, display or performance of intellectual property, is strictly prohibited.
TOP TRAINERS is the exclusive owner or licensee of intellectual property (as the case may be).
TOP TRAINERS may, at its sole discretion, disable and/or terminate the use of the TOP TRAINERS Platform by users who violate the intellectual property of others, including, but not limited to, repeat offenders.
CONTENT OF TOP TRAINERS
SERVICES
We strive to provide an accurate description of the TOP TRAINERS Services and Trainers.
However, TOP TRAINERS does not provide any guarantees regarding the accuracy of TOP TRAINERS content on the TOP TRAINERS Platform, nor does it guarantee that such content is error-free and reliable, nor that your use of the content will not violate the rights of third parties. TOP TRAINERS does not guarantee that the functional aspects of the TOP TRAINERS Platform will be error-free or that the Sites, TOP TRAINERS or the server on which they are available are free of viruses or other malicious components. If your use of the same product results in any damage or the need for maintenance or replacement of property, materials, equipment or data, TOP TRAINERS assumes no responsibility for these costs. TOP TRAINERS makes no guarantees with respect to any elements of the TOP TRAINERS Platform, including content, software, text, downloads, graphics or Site links, as well as any results of using the TOP TRAINERS Platform, and you bear the entire risk of completeness, accuracy or usefulness of the TOP TRAINERS Platform. TOP TRAINERS reserves the right to remove and/or modify any TOP TRAINERS Content from the TOP TRAINERS Platform at any time and for any reason. Removal and/or modification may be immediate and without prior notice. You confirm that TOP TRAINERS is not responsible to you or any third party for any such removal and/or modification.
The personal opinions of the Trainers or any third parties with whom we are associated are their own and do not necessarily reflect the views of TOP TRAINERS, and we are not responsible for any such opinions expressed in any media.
INDEMNITY
You agree, upon our request, to defend, indemnify and hold harmless TOP TRAINERS and its affiliates, including their officers, directors, agents, suppliers and licensors, from any claims, damages, costs and expenses, including attorneys' fees arising from or related to (a) your violation of any condition, obligation, statement, warranty or agreement set forth in these Terms and Conditions, violation of any applicable law or violation of the rights of TOP TRAINERS or any third party is damaged by your actions or the actions of anyone else accessing your Account; (b) any information (including your User Content or any other content) that you submit, post or transmit on or through the TOP TRAINERS Platform; or (c) any activity that occurs in connection with the use of the Account, your activities and behavior in connection with any Training or your dispute with any other user of the TOP TRAINERS Platform or with other natural or legal persons with whom you communicate, interact or deal as a result of your use of the TOP TRAINERS Platform, including, but not limited to, Clients, Trainers and other third parties (each of the above persons for the purposes of this section is a "Claim").
TOP TRAINERS has the unilateral right to assume control, defense, settlement or other resolution of any Claim under this Agreement with the assistance of an attorney of its choice, with all attorney fees and expenses paid or reimbursed by you upon request, provided, however, that (i) you, at your discretion, may not participate together with TOP TRAINERS in the defense of any Claim, and (ii) you must not stipulate or agree to the adjudication or settlement of any Claim without the prior written consent of TOP TRAINERS.
You agree to provide TOP TRAINERS with reasonable cooperation in connection with any such protection. TOP TRAINERS reserves the right, at its own expense, to assume exclusive control over any matter that is otherwise subject to compensation from your side under this Agreement, and such right and compensation for damages shall survive these Terms and Conditions and your use of the TOP TRAINERS Platform.
AVAILABILITY OF THE TOP
TRAINERS PLATFORM
You acknowledge that (i) it is technically impossible for the TOP TRAINERS Platform to be provided without violations, and that TOP TRAINERS cannot be held responsible for this, (ii) failure to fulfill obligations may lead to temporary unavailability of the TOP TRAINERS Platform, and that (iii) the operation of the TOP TRAINERS Platform may be adversely affected by the conditions and characteristics beyond the control of TOP TRAINERS, such as, for example, transmission lines and telecommunications between TOP TRAINERS and you, as well as between TOP TRAINERS and other systems and networks.
TOP TRAINERS may at any time temporarily or permanently change or interrupt the operation of all or part of the TOP TRAINERS Platform in order to perform maintenance work and/or make improvements and/or changes to the TOP TRAINERS Platform. TOP TRAINERS is not responsible for any changes, suspension or termination of the TOP TRAINERS Platform.
DISCLAIMER
THE TOP TRAINERS PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOP TRAINERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE TOP TRAINERS PLATFORM OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THE TOP TRAINERS PLATFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOP TRAINERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND QUALIFICATIONS. WITHOUT LIMITING THE FOREGOING, TOP TRAINERS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED ON THE TOP TRAINERS PLATFORM. BY USING THE TOP TRAINERS PLATFORM, YOU CONFIRM THAT YOU ARE USING THE TOP TRAINERS PLATFORM AT YOUR OWN RISK.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED A STATEMENT OR WARRANTY BY TOP TRAINERS OR ITS LICENSORS ABOUT THE SAFETY, SUITABILITY, FUNCTIONALITY OR USEFULNESS OF THE TOP TRAINERS PLATFORM, ANY TRAINING, ANY PART OF ANY OF THE ABOVE OR ANY DATA.
YOU USE THE TOP TRAINERS PLATFORM AND ANY MATERIALS OR INFORMATION ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TOP TRAINERS PLATFORM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES IDENTIFIED BELOW ARISING FROM THEM.
YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS, INTERACTIONS AND DEALINGS WITH OTHER USERS OF THE TOP TRAINERS PLATFORM, AS WELL AS WITH OTHER PERSONS OR LEGAL ENTITIES WITH WHOM YOU COMMUNICATE, INTERACT OR DEAL THROUGH THE TOP TRAINERS PLATFORM OR AS A RESULT OF USING THE TOP TRAINERS PLATFORM, INCLUDING, BUT NOT LIMITED TO, CLIENTS, TRAINERS AND OTHER THIRD PARTIES. TOP TRAINERS IS NOT REQUIRED TO CONDUCT REVIEWS, INSPECTIONS, BACKGROUND CHECKS OR OTHER CHECKS OF TRAINERS OR CLIENTS. ACCORDINGLY, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS AND CONDUCT ANY INVESTIGATION THAT YOU DEEM NECESSARY OR APPROPRIATE BEFORE CONTINUING SUCH COMMUNICATION, INTERACTION OR TRANSACTIONS. TOP TRAINERS IS NOT RESPONSIBLE FOR ANY LOSSES OF ANY KIND OR NATURE INCURRED AS A RESULT OF SUCH COMMUNICATION, INTERACTIONS OR TRANSACTIONS.
TOP TRAINERS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE CONDUCT, ACTIONS, HONESTY OR RESPONSIBILITY OF OTHER USERS OF THE TOP TRAINERS PLATFORM OR ANY OTHER PERSON OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR MAKE AS A RESULT OF USING THE TOP TRAINERS PLATFORM. TOP TRAINERS DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. TOP TRAINERS HAS NO CONTROL AND NO RIGHT TO CONTROL THE USERS OF THE TOP TRAINERS PLATFORM OR ANY OTHER PERSON OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR MAKE AS A RESULT OF USING THE TOP TRAINERS PLATFORM, INCLUDING, BUT NOT LIMITED TO, CLIENTS, TRAINERS AND OTHER THIRD PARTIES OR THEIR ACTIVITIES OR BEHAVIOR ON OR OUTSIDE THE TOP TRAINERS PLATFORM. WITHOUT LIMITING ANY OF THE ABOVE, TOP TRAINERS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO THE TOP TRAINERS PLATFORM OR ANY ACTIVITY OCCURRING OUTSIDE THE TOP TRAINERS PLATFORM, INCLUDING, WITHOUT LIMITATION, BEHAVIOR OCCURRING DURING SESSIONS OR ANY OTHER ASPECTS OF ANY EVENTS. SESSIONS. TOP TRAINERS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ACTIONS OR OMISSIONS OF ANY CLIENT, TRAINER, OTHER USER OF THE TOP TRAINERS PLATFORM OR A THIRD PARTY.
THIS DISCLAIMER CONSTITUTES AN IMPORTANT PART OF THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to infringe on your rights as a consumer in accordance with the laws of the United Arab Emirates.
You use the TOP TRAINERS Platform or any of the TOP TRAINERS Services at your own risk, and, unless otherwise specified in these Terms and Conditions, you assume full responsibility and risk of losses as a result of your use of the TOP TRAINERS Platform or any of the TOP TRAINERS Services.
UNDER NO CIRCUMSTANCES WILL TOP TRAINERS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR LOSSES OF ANY NATURE arising out of or in connection with the use or inability to use the TOP TRAINERS Platform, including, without limitation, loss of profit, loss of data, personal or material injury, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TOP TRAINERS HAS BEEN WARNED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH LOSS. In view of the above, UNDER NO CIRCUMSTANCES WILL TOP TRAINERS BE LIABLE FOR ANY LOSSES EXCEEDING THE AMOUNT PAID BY YOU AS THE COST OF THE TRAINING SERVICES IN RESPECT OF WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ALL OBLIGATIONS, RESPONSIBILITIES AND CLAIMS EXCEEDING THESE LIMITATIONS.
SUSPENSION AND TERMINATION
TOP TRAINERS reserves the right, at its sole discretion, to immediately and without prior notice suspend or terminate your access to the TOP TRAINERS Platform or any part thereof for any reason, including, but not limited to, any violation by you of these Terms and Conditions. You agree that TOP TRAINERS is not liable to you or any third party for such suspension, cancellation or termination. If you violate any of these Terms and Conditions, your permission to access or use the TOP TRAINERS Platform will be automatically and immediately revoked, and you will not be able to continue using the TOP TRAINERS Platform or participate in any Training.
Amendments to these Terms
and Conditions
We reserve the right to change these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will take effect after publication on the TOP TRAINERS Platform. Your continued use of the TOP TRAINERS Platform after such a change will mean your agreement to comply with the amended Terms and Conditions. If you do not agree to any change in the Terms and Conditions, you must immediately stop using the TOP TRAINERS Platform and/or the Sites.
These Terms and Conditions constitute the entire legal agreement between you and TOP TRAINERS and govern your use of the TOP TRAINERS Platform, including the TOP TRAINERS Sites and Services available on it, and completely supersede any previous agreements between you and TOP TRAINERS with respect to them.
However, your access to or use of certain aspects of the TOP TRAINERS Platform may be subject to additional terms, details and specifications published on the TOP TRAINERS Platform, or may require your consent and acceptance of additional terms. By accessing or using these aspects of the TOP TRAINERS Platform, you expressly agree to such additional terms.
You acknowledge and agree that the form and nature of the TOP TRAINERS Platform may change from time to time without prior notice to you, and TOP TRAINERS may stop providing it (or any of its features) to you or users.
You understand that TOP TRAINERS grants operators of publicly available search engines permission to use utilities to copy materials from the site for the sole purpose of creating publicly available search indexes of materials, and TOP TRAINERS reserves the right to revoke these exceptions either in general or in specific cases.
You understand that you are solely responsible (and that TOP TRAINERS is not liable to you or any third party) for any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage that TOP TRAINERS may suffer) of any such breach.
Force Majeure
Failure on the TOP TRAINERS Platform, including, but not limited to, Sites, Content or any part or anything of the above, cannot be attributed to TOP TRAINERS if such failure occurs due to force majeure, such as strikes of workers, floods, earthquakes, wars, terrorism or unforeseen natural disasters or any other cause similar or different from the above, which is beyond the reasonable control of TOP TRAINERS, and TOP TRAINERS is not considered to have violated its obligations under these Terms and Conditions to the extent that such execution is temporarily prevented or delayed as a result of such an event.
Lack of Partnership
You and TOP TRAINERS are independent of each other, and these Terms and Conditions, including, but not limited to, sending or distributing your Content, will not, in whole or in part, establish any partnership, joint venture, hiring, franchising or agency relationship between you and TOP TRAINERS. Neither party will have the right to bind the other party with obligations or assume obligations on its behalf without the prior written consent of the other party. Neither party has the right to act as an agent or representative of the other party or on behalf of the other party in any capacity, except as expressly stated in the Terms and Conditions. Neither party has the right to advertise, represent or position itself (or any of its agents) as acting or authorized for such actions, as well as to bear any responsibility or obligations on behalf of the other party, unless otherwise specifically agreed in these Terms and Conditions.
Law Enforcement
TOP TRAINERS reserves the right to use all legal remedies in case of violation of these Terms and Conditions or any other special conditions or rules established on or through the TOP TRAINERS Platform, including, but not limited to, the right to block access from a specific Internet address.
Governing Law and
Jurisdiction
These Terms and Conditions are reproduced in English.
These Terms and Conditions are governed by the laws of the United Arab Emirates, and all disputes arising under them are subject to the exclusive jurisdiction of the courts of the United Arab Emirates.
Notifying Each Other
If we need to notify you of any issues related to these Terms and Conditions, we will send this by email to the email address that you provided during registration (or to any updated address provided by you through the Edit My Profile function). If you need to notify us of any issue, you should contact us.
CONTACT US – CLIENT SERVICE
If you have any questions regarding the Terms and Conditions or any aspect of your order, please contact our Client Support Team by email Danil_n@aqprogram or by phone +9710506674837 every day from 9:00 to 20:30 (UAE TIME), except holidays.