Terms of Service
We apologize for the legal jargon that follows; our lawyers made us do it!
By Accessing Health Coaching with Orku, you (the Client) agree to be bound by the terms of this agreement.
THIS SERVICE AGREEMENT is made between Orku (“Coach”) and the client (“Client”).
WHEREAS, Client desires to receive certain consulting services from Coach, and Coach desires to provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, or mutual consideration, the receipt and sufficiency of which is hereby acknowledged,
Client and Coach hereby agree as follows:
1. Description of Services
Coach agrees to develop and provide the services set forth in this agreement.
2. Accuracy of Information
You must be at least 13 years of age to use ORKU services. You hereby represent and warrant that all enrollment information, entries, posts and responses, including without limitation, Your name and contact information is Yours, is truthful and accurate.
ORKU provides Users with access to an online portal to assist people a convenient way to workout, learn about exercise, and a fitness program to follow. ORKU also provides Health Coaching via messaging through the www.orkufit.com portal, a Metabolism Assessment that acts as a daily tracker for self-monitoring, and a Weight-Management Program to follow.
4. Credit Card Authorization
Client acknowledges that Coach, in consideration for the Services, will charge the credit card chosen by Client on the dates and for the amounts specified by the monthly subscription plan you chose.
Client agrees to compensate Coach according to the payment schedule as offered by coach. The parties hereto agree that Client’s failure to make or permit payments will cause irreparable harm to Coach for which damages would be difficult, if not impossible, to measure, including expenses incurred in connection with losses resulting from any delay. Accordingly, as liquidated damages for losses reasonably expected to be incurred (and not as a penalty) Coach shall charge a 5% (five percent) late penalty to all balances that are not paid when due.
Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, as offered by Coach. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
7. Chargebacks and Payment Security.
To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder.
8. Failed Payments.
In the event Client fails to make any of the payments within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month.
9. No Transfer of Intellectual Property.
Coach’s original materials shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied. Transfer and distribution of Coach’s materials is prohibited.
10. No Distribution of Services.
Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).
Any and all information shared by Client will be held confidential by Coach. This includes all discussions and any written materials. Furthermore, no information will be released to any other individual or agency without specific consent of Client, unless specifically required by law or if there exists danger of harm to Client or someone else. Coach will make every effort to safeguard personal information, however, there may be situations whereby Coach is not the appropriate individual to provide services and Client may need to be referred to another agency.
Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s identity. Client will always be contacted for notification prior to any case study or testimonial being published. Client will not be identified by full name.
12. Good Faith.
Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
13. Agreement between Coach and Client.
Client agrees to not withhold any information necessary for Coach to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.
14. Disclaimer of Guarantee.
CLIENT ACCEPTS AND AGREES THAT CLIENT IS 100% RESPONSIBLE FOR CLIENT’S PROGRESS AND RESULTS FROM THE SERVICES. CLIENT ACCEPTS AND AGREES THAT CLIENT IS THE ONE VITAL ELEMENT TO SUCCESS AND THAT COACH CANNOT CONTROL CLIENT. COACH MAKES NO GUARANTEE OR WARRANTY THAT THE PROGRAM WILL MEET CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS.
THE SERVICES (AS DEFINED HEREIN) AND ALL OTHER GOODS AND SERVICES PROVIDED BY COACH HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT THE SERVICES (AS DEFINED HEREIN) OR ANY OTHER GOODS AND SERVICES PROVIDED BY, THROUGH OR ON BEHALF OF COACH UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
15. Medical Disclaimer.
BY ACCESSING AND USING THIS WEBSITE AND ANY RELATED SERVICES AND/OR MATERIALS YOU ACKNOWLEDGE AND AGREE TO ALL PARTS OF THIS DISCLAIMER.
ORKU OPERATING UNDER THE NAME ORKU LLC ENCOURAGES ALL CLIENTS TO CONTINUE TO VISIT AND BE TREATED BY THEIR LICENSED HEALTH CARE PROFESSIONALS INCLUDING, WITHOUT LIMITATION, THEIR PHYSICIAN, PHARMACIST, PSYCHOLOGIST AND PSYCHIATRIST.
ORKU IS NOT ACTING IN THE CAPACITY OF A DOCTOR OR YOUR PERSONAL PHARMACIST, DIETITIAN, PSYCHOLOGIST OR ANY OTHER LICENSED MEDICAL OR RELATED PROFESSIONAL AND ORKU IS NOT PROVIDING MEDICAL CARE, PHARMACEUTICAL CARE, NUTRITIONAL SERVICES, WILL NOT DIAGNOSE, TREAT OR CURE IN ANY MANNER WHATSOEVER ANY DISEASE, CONDITION, PHYSICAL OR MENTAL AILMENT. ALL INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR OR REPLACEMENT OF MEDICAL CARE, TREATMENT, AND/OR ADVICE OBTAINED FROM AND THROUGH LICENSED QUALIFIED MEDICAL PROFESSIONALS.
THIS WEBSITE AND ANY INFORMATION PROVIDED THROUGH IT IS USED AT THE RISK AND RESPONSIBILITY OF THE CLIENT/ READER AND ORKU IS NOT RESPONSIBLE FOR THE CLIENT’S/READER’S CHOICES OR ACTIONS RELATING TO THE USE OF THIS WEBSITE, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES, OR FOR ANY FORESEEN OR UNFORESEEN CONSEQUENCES RESULTING FROM SAME AND ORKU SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE WHATSOEVER THAT MAY RESULT FROM SAID USE.
ORKU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE OR AVAILABLE FOR PURCHASE THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE AT LAW ORKU DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR PROGRAMS, PRODUCTS AND SERVICES.
16. Limitation of Liability.
BY USING COACH AS LONG AS DEFINED WITHIN THIS AGREEMENT TO PROVIDE THE SERVICES, CLIENT ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR UNFORESEEABLE, ARISING FROM SUCH TRANSACTIONS AND CLIENT’S USE OF THE SERVICES (AS DEFINED HEREIN). IN NO EVENT WILL THE AGGREGATE LIABILITY OF COACH WITH REGARD TO THIS AGREEMENT, THE SERVICES (AS DEFINED HEREIN), OR ANY OTHER GOODS OR SERVICES PROVIDED OR FAILED TO BE PROVIDED UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY CLIENT TO COACH UNDER THIS AGREEMENT. ALL CLAIMS AGAINST COACH MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100 CALENDAR DAYS OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM OR OTHERWISE BE FORFEITED FOREVER.
COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and subscriptions provided or to be provided by Coach to Client shall immediately become due and payable.
Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Services and other goods and services in connection herewith. Client hereby agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.
Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the nonperforming party, but such failure shall not exceed thirty days from the date of notice of failure.
The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
This agreement contains the complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. This agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument.
All schedules attached to this agreement will be deemed a part of this agreement and incorporated herein by reference. The term “agreement” refers to this Service Agreement and all of the schedules attached hereto.
Each party represents and warrants that, on the date written and signed below, they are authorized to enter into this Agreement
20. Informed Consent
1. I, the client, volunteer to be coached by an Orku Health Coach.
2. I understand that my Orku Health Coach is a coach, not a therapist or doctor. I understand that I must speak with my own heath care professionals before implementing anything new, whenever necessary.
3. I will keep an open mind, do my best, and be on time for sessions- and so will my Orku Coach.
4. Everything I say or write to my health coach is strictly confidential unless I disclose that I am about to harm myself or another person (or do something that is against the law).
5. I take responsibility for myself, my health and my success!