Terms of service

1. Definitions

Service : It refers to the physical health and bodybuilding consultations and this is the offered service by the Website.

Users : Any individual that could successfully create an account whether a Trainer or Trainee and whether having a full or partial permission, access, or authorization to use the Website and the Service.

IPR : It means (a) all inventions, processes, discoveries, developments, or improvements, whether or not patentable, or whether subject of patent(s) or application(s) therefore, (b) all copyright-protected works (including, without limitation, all literary, artistic, dramatic, musical works, medical prescriptions, cooking recipes, and software), (c) all brand names, logos, slogans, product names, service names, trademarks, trade dress, corporate names, business names, trade names, and domain names, all whether or not registrable or subject of registrations or applications for registration and all goodwill associated therewith, (d) all designs and industrial designs, whether or not patentable or registrable, and whether or not patented or registered, or the subject of application(s) for registration, (e) all formulae, confidential information, trade secrets, know-how, and any information having commercial value, and (f) all other intellectual and industrial property whether or not registered or subject of application(s) for registration.

Petitions : A petition is a legal action made by a User against certain decisions by which such a User requests from us to re-consider our decision as a favor from our side without any obligation on us to amend such a petitioned decision. A petition cannot be interpreted, in any way, as a dispute against us.

Force Majeure : Any unforeseen accident that could not be predicted by the affected party prior to its occurrence and has undoubtedly prevented the affected party from complying with its obligations in full or in part, such a Force Majeure state may include without limitation: (revolutions, fires, floods, natural disasters, parlous pandemics, technical issues especially in the payment gateway, etc.)

Trainer : The User that delivers the Service to Trainees via the Website, the Trainer delivers the Service for a financial gain purpose.

Trainee : The User that receives the Service from us through the Trainer.

Product : Any product the User purchases including but not limited to: (supplements, food, medications & treatments, training tools and equipment, and all other products offered to the Users)

1.1 : This website ('the Website') and its application (“the Application”) is the sole property of Raad Dojo Co. based in _________, Japan.

1.2 : By using the Website or the Application, you are expressly acknowledging your full culpability with all the Website's Terms & Conditions without any single exception, therefor, you are strongly recommended to review all the T&Cs before proceeding. If you do not accept any single provision, you shall quit using the Website and close your account immediately.

1.3 : If there is a contract/agreement between you and us, then the T&Cs shall be deemed as a complementary document. Hence, the T&Cs along with such a contract/agreement shall together form the entire agreement between you and us. In the unlikely event that there is any contradiction between the T&Cs and such a contract/agreement, then the latter shall prevail over the T&Cs.

2. Usage & Permissions

2.1 By creating an account and using the Website, it shall be deemed that you are granted a temporary, unexclusive, and untransferable permission to use the Website and its Service. Such a permission is only granted for the sole purpose of benefiting from the Service.

2.2 We have the sole discretionary power to accept or reject Trainers’ or Trainees’ registration requests. Trainers may be invited for online meeting via any agreed platform on which we rely to accept or reject their registration request. We may ask you to upload some documents to verify your qualifications, your failure to upload our requested documents may lead to the conclusion that you provided us with misleading and/or falsified information.

2.3 We have the sole discretionary power to suspend, limit, or terminate your permission and/or account and/or access to the Website without justifying such a decision. In such an event, you would be entitled to reach out to clarify the situation so that we may (but in no way guaranteed) amend our decision.

2.4 Each Trainer declares and acknowledges that he/she delivers the Service to the Trainees for the sole purpose of a financial gain. If it is established that you have/had any other purpose or intention, then you (the Trainer) would be deemed that you committed a Prohibited Act based on which you may get sanctioned pursuant to Articles 5 and 6 below.

2.5 Each Trainee declares and acknowledges that he/she receives the Services from us for the sole purpose of benefiting from the Service to maintain and enhance the physical health. If it is established that you have/had any other purpose or intention, then you (the Trainee) would be deemed that you committed a Prohibited Act based on which you may get sanctioned pursuant to Articles 5 and 6 below.

2.6 If you are a Trainee, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts, we would be entitled to seize your payments without granting any partial or full refund.

2.7 If you are a Trainer, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts, we would be entitled to seize your funds/credits without granting any payment/withdrawal request in part or in full.

3. Intellectual Property Rights ('IPR')

3.1 All the Intellectual Property Rights (“IPR”) on the Website are the sole proprietorship of us unless otherwise established. We reserve all our rights to sue any party infringes our IPR in any way.

3.2 We respect all kinds of IPR of others, and we always encourage and argue our Users whether Trainers or Trainees to do the same. Hence, we exert our reasonable efforts to have all kinds of our work genuine with no possible violation or breach with any kind of IPR owned by any third party.

3.3 If you think we have infringed your IPR in any way, please contact us as soon as possible, otherwise, you are therefore waiving all your rights of removing such claimed infringement.

3.4 If you think that any Trainer has infringed your IPR in any way, please contact us as soon as possible and we will investigate the matter.

3.5 If we think that you have infringed our IPR in any way, we will notify you with such an infringement asking you to immediately seize and desist the infringement at stake. If you neglected our notification or refused to remove the infringement with all its effects, we may take all Disciplinary Procedures as per Article 6 below against your account and/or sue you.

3.6 Although we always exert our efforts to protect the IPR of third parties, we do not guarantee you (as a User or third party) that we will oblige any User to remove or amend its content that you think it is infringing your IPR.

4. Providing the Service to Trainees

4.1 During the registration in any training course, we choose and indicate the suitable Trainer to the Trainee/s. However, a Trainee may choose the Trainer when he/she subscribes to the private training sessions packages rather than the ordinary service. The description of each Trainer will sort the language he/she would use during the training sessions.

4.2 No User is entitled or authorized to bring any to bring or enable or allow any other person to attend any session. Otherwise, that User’s subscription and registration would be entirely terminated and would be banned from any future registration, further, no refund or due money would be granted or paid in addition to any other Disciplinary Procedure we choose to take pursuant to Article 6 hereinunder.

4.3 Sessions can be attended by one Trainee or more, we would indicate the maximum number of Trainees for each training course.

4.4 In case of a Trainer’s internet connection interruption, the Trainee/s shall wait for the Trainer’s return withing 10 minutes. If the Trainer failed to re-connect within 10 minutes, the session shall be resumed later.

4.5 The duration of any training session shall be 45 minutes, and the permitted lateness time for the Trainee is five (5) minutes only. In case of a Trainee’s lateness for longer than 5 minutes, the session shall be deemed done and completed and the Trainer shall have the absolute liberty to allow the late Trainee to attend the session or to get eliminated.

4.6 Training courses may include some or all of: (giving sports instructions, tutoring training exercises, indicating and organizing meals, discussing supplements, organizing the daily practices and habits of Trainees, and whatsoever that may contribute to enhancing the physical health and body status)

5. Prohibited usage and acts on the Website.

5.1 This section deals with the most obvious prohibited acts and usages on the Website as an integer part of our Terms of Use. However, missing any prohibited act cannot be taken as a permission to commit such an act and does not discharge you from any liability in such a case.

5.2 The purpose of the Website is clear which is remote exercising and providing/receiving consultations pertinent to the physical health ('the Purpose'), the Service is crystal clear too, you are granted the permission to use the Website for this sole Purpose, any usage that contradicts with the Purpose in any way shall be deemed a prohibited act. ('Prohibited Act') Prohibited Acts also include each and any legally prohibited and sanctioned under any applicable law.

5.3 By using the Website, you acknowledge and insist that your sole intention is either delivering the Service for a financial gain as a Trainer or receiving the Service as a Trainee.

5.4 We have the sole discretionary power to amend, suspend, or terminate your account if it is established that you have committed or attempted to commit any Prohibited Act or any violation to any provision in the T&Cs.

5.5 Prohibited Acts include without limitation: (defamation, insulting, threatening, infringing IPR, committing or attempting to commit money laundering, falsifying information, creating fake accounts, advertising for any other website or entity or business whether for your benefit or for any third party's benefit, any political exploitation, hateful speech, harassment, hacking or attempting to hack accounts, spreading rumors, collecting other Users' information, using robots, committing or attempting to commit or assisting or attempting to assist in any criminal crime, and accessing or attempting to access our system, any violation to Clause 2.4 hereinabove, contacting or attempting to contact any other User outside the Website)

5.6 You are strictly prohibited to contact any other User outside the Website with the purpose of establishing the same Service with him/her outside the Website. Contacting any other User outside the Website shall entitle us to terminate, close, and block your account and device and seizing your payments if you are a Trainee or your funds/credits if you are a Trainer (even if you failed to conclude such a collaboration outside the Website, the mere attempt is sufficient to grant us the entitlement to do so). In general, we may take all Disciplinary Procedures stipulated in Article 6 herein.

6. Disciplinary Procedures

6.1 We reserve all our rights in taking any disciplinary procedure against you if it was established that you either committed any of the Prohibited Acts (see Article 5 above)

6.2 Disciplinary procedures, among others, can be: (limiting or amending or suspending or terminating your account, seizing your payments as a Trainee or your due monies as a Trainer, imposing fines, and blocking your device from accessing the Website) 'Disciplinary Procedures'

6.3 If it was established that you committed or attempted to commit or assisted or attempted to assist in any criminal crime, we may report the incident at stake to your national prosecution and/or governmental authorities.

6.4 All Prohibited Acts can be relied on to sue you outside the Website.

6.5 We may remove or edit any IPR infringement/s made by you or any User or any third party.

6.6 Our silence towards any Prohibited Act cannot in any way be deemed as an implied acceptance from our side to such an act, and we reserve all our rights to investigate any suspected issue and take any Disciplinary Procedure.

6.7 All Disciplinary Procedures can be petitioned under Section (8) below.

7. Payments and Refunds

7.1 Payments

7.1.1 When a Trainee decides to reserve any training session or Service or when he/she buys a Product, the full amount shall be paid in advance.

7.1.2 Any amount paid by any User shall not include any kind of taxes. Users bear all/any taxes charged. In any event, when a User proceeds with the payment, he/she would be notified with the final amount to be paid after adding such taxes.

7.1.3 Trainees may submit refund requests (in full or in part) after the end of any course or Service in general within a maximum period of ten (10) days pursuant to Art. 7.2.2 below. Trainees’ failure to submit such a refund request within this deadline shall be deemed as a full satisfaction from their side towards the Service and the Trainer and/or the Product

7.2 Refunds

7.2.1 A Trainee shall be entitled to 100% refund if he/she chose to cancel the reservation within (12) hours after the reservation. No full refund request may get granted in case of any later cancellation.

7.2.2 If a Trainee thinks that he/she is entitled to a refund for any reason related to the Trainer’s negligence or default, he/she may submit a partial refund request within ten (10) days as from the date of the end of the training course explaining the reasons of the request in question.

7.2.3 Regarding Products, a User may request the change or the refund of the Product in case of industrial defects only within fifteen (15) days as from the date of receipt of the Product. The Product’s external state or damages may not be a base for such a refund or change because of the immense difficulty of proving the Product’s arrival with the alleged damages. Accordingly, we strongly recommend the User to inspect the Product before receipt. The User entirely acknowledges and declares that his/her receipt of the Product shall be deemed as a full acknowledgment and acceptance of the Product’s arrival in the best conditions without any kind of damages.

7.2.4 We have the sole discretionary power to decide whether or not such a refund request shall be accepted in full or in part. However, if any refund or change request got granted, the User shall bear any delivery and shipping fees in full.

7.2.5 Some examples of reasons that are likely to grant refund requests in full or in part: (The Trainer’s inability to communicate with the Trainee because of technical issues pertinent to the Trainer, if the training course is significantly different from its written description, if the User bought any Product and the Product was destroyed or significantly different from its written description)

7.2.6 Some examples of reasons that are unlikely to grant refund requests in full or in part: (If the Trainee changed his/her mind regarding benefiting from the Service, the User requested a wrong Product by wrong, the misuse of the User to any Product that resulted in any damage/s to the Product, if the quality of the Service seemed lower than expected, if the Trainee failed to connect to the training session because of his/her poor internet connection)

7.2.7 If we accepted any refund request in full or in part, we may deduct such refunded amounts from that Trainer’s due amounts who caused such partial or full refund.

7.2.8 If we accepted any refund request in full or in part after paying the Trainer’s financial dues, we may deduct such refunded amounts from that Trainer’s future due monies. If that Trainer ceased working with us and/or closed his/her account, we may contact him/her requesting the payment of that amount within ten (10) days as from the date of such communication/correspondence. If that Trainer failed to pay us the refunded amount for any reason, we may sue him/her outside the Website to get all possible compensations and damages.

7.2.9 All our decisions regarding refund requests ('Refund Decisions') can be petitioned under Section (8) below by either the concerned Trainer or Trainee.

8. Petitions

8.1 Despite the fact that we have the sole discretionary power to take all/any decision/s as insisted in all sections above, all Disciplinary Procedures and Refund Decisions can be petitioned under this Section (8). Such a petition shall be raised within a period of seven (7) days as a maximum as of the day of notification of the petitioned decision.

8.2 Any User whether a Trainer or Trainee shall pay an amount of 20$ (twenty US dollars) as fixed fees, excluding taxes, for such a petition, accompanied with the explanation of the petition.

8.3 Any User who raises a petition acknowledges and confirms that he/she fully understands that the petitioned decision has been rightfully taken by us based on our stated sole discretionary power. However, such a party merely requests for the petitioned decision to be re-considered as a favor from our side.

8.4 We will, in due course, take a decision regarding the petitioned decision with upholding the petitioned decision or granting the petition in full or in part.

9. Disputes between you and us

9.1 If you believe that we violated our obligations stated in the T&Cs and wish to sue us, you have to contact us and send a notice ('the Notice') explaining the matter within a year as of the alleged transgression in question. Your failure to serve a Notice within the period of 1-year shall waive and forfeit your right of raising such a dispute.

9.2 Within a period of two (2) months as from the date of receiving your Notice, we would respond with our comments, we may accept or reject the grounds of your Notice, or we may invite you for a conciliation or negotiations. Your failure to attend the conciliation or negotiations shall annul your Notice and dispute.

9.3 Our failure to respond to your Notice within the period of two months shall be deemed as an entire rejection towards your Notice, and hence you would be entitled to proceed with your legal actions outside the Website.

9.4 As for disputes against Refund Decisions, you may not send a Notice or proceed with any action outside the Website unless you raise a petition pursuant to Art 8.1 above and get your petition rejected.

9.5 Likewise, if we believe that you shall be sued outside the Website, we will send a notice ('Notice of Charges') explaining our grounds and inviting you to a conciliation or negotiations (only charges with criminal nature can be sued outside the Website without sending such a Notice of Charges)

9.6 Your failure to respond within the same period of two months shall be deemed as an entire rejection towards our Notice of Charges, hence, we would be entitled to proceed with our legal actions outside the Website.

10. Miscellaneous

10.1 If any provision/s or part/s of the T&Cs is held and deemed null and void by law, such invalidity shall be limited to that provision or part without affecting the validity of the T&Cs in any way.

10.2 All notices and notifications of any kind sent to Users will be sent to their emails used to sign up, and they shall be deemed valid, delivered, and read.

10.3 All the T&Cs are governed by laws and regulations of Japan.

10.4 All parties accept and recognize the concept of 'Force Majeure' with all its legal consequences in force majeure cases including but not limited to: (revolutions, fires, floods, natural disasters, parlous pandemics, technical issues especially in the payment gateway, etc.) on condition that the concerned party shall prove that such a force majeure has took place in an unforeseen way and prevented it from complying with its obligations.

10.5 The T&Cs are drafted and published in both languages Arabic and English. In the hypothetical case that there was any contradiction between the two versions, the Arabic version shall prevail.

10.6 Trainees fully understand that the Service, training courses, and/or the Products can be of a lower quality than their expectations, we are not obliged to assist them in this issue.

10.7 We may ask you at any time to submit some supporting documents for verifications, your failure to deliver the requested documents shall be taken as you gave misleading information.

10.8 Users acknowledge that they use the Website and the Application and the Service at their sole risk. We are not, in any way, responsible or liable for any mistakes, defaults, inaccuracy, damages, unauthorized access, your inability or lack of experience to use the Website or the Application, damage of materials or training sessions, third parties’ spams, etc.

10.9 Any legal point or issue that is missed or not discussed in the T&Cs shall be referred to the contract/agreement between you and us (if any), then to the laws and regulations of Japan.

10.10 We offer the Service as an intermediary between Trainers and Trainees, we are not liable for any default from any side towards the other (notwithstanding we always endeavor to settle disputes between Users). No provision in the entire T&Cs may be interpreted or construed as we are responsible of/for any misuse or delivery of the Service by any User in any way. Further, we do not guarantee the quality of the Service in any way.

10.11 The Service cannot, in any way, taken as an employment relationship between us and the Trainer, nor between Trainers and Trainees.

10.12 No right in the T&Cs can be assigned or transferred to any third party.

11. Indemnification

11.1 As a User, you hereby agree to indemnify us against any claim, lawsuit, or dispute of any kind that is filed against us as a result of any of your conduct including but not limited to: (misuse, spoiling, IPR infringement, unauthorized access, discrimination, Prohibited Acts, etc.) In general, you indemnify us against all acts that are penalized and prohibited by any law, principle, or customs. ('Indemnified Acts')

11.2 Your indemnification shall include and cover all fees, costs, and expenditures of any kinds including attorneys' fees.

11.3 You are responsible for all your agents', employees', fellows', successors', affiliates', directors', and officers' defaults, conduct, and usage of the Website and the Service. Hence, you indemnify us against any of their Indemnified Acts.

11.4 In case you refrain from or evade this Indemnification obligation, we would be entitled to sue you and take all possible legal actions against you to collect these monies in addition to all possible compensations, reimbursements, and/or damages arising out of your refrainment.

12. Reviews

12.1 Trainees can submit reviews (from 1 to 5) on the Service they received.

12.2 For a Trainee to be eligible for submitting a review, he/she should have paid the price in full and successfully received the Service (basically, to attend the training course in full).

12.3 Trainees can edit their reviews within ten (10) days as of the date of submitting the review.

12.4 Trainers may reply to Trainees’ reviews; however, Trainers may not request the cancellation or modification of such a review.

12.5 Trainees and Trainers are always obligated to submit reviews or respond to reviews in a good manner, professionally, objectively, and ethically. Although it is unlikely to change or cancel any Trainee’s review, we may change the wording of such a review to give the same meaning but removing any insult, hateful speech, or unprofessional review.

12.6 Severe unprofessional insulting reviews or replies are subject to Disciplinary Procedures for Trainees and Trainers.

12.7 Excellent reviews are likely to promote Trainers’ profiles (i.e. the better a Trainer’s reviews, the more getting viewed)

13. Promotions & Referrals

13.1 Trainees are encouraged to refer their friends and colleagues to sign up on the Website and purchase our Service.

13.2 When a Trainee refers his/her friend who signs up and pays to benefit from the Service, the referrer Trainee shall be entitled to a promo code or any financial reward indicated by us or rewards points (as chosen by us with our sole discretion) that would be announced on the Website or the Application or via email to be used in reserving any training course. Promo codes and rewards points can be only used in this way and may not be refunded or paid in cash or any other way.

13.3 Referrer Trainees are only entitled to such a promo code or financial reward or rewards points when their referred friend purchases the Service without having his/her paid money refunded in full or in part.

13.4 Any promo code and rewards points and financial rewards shall have a validity period to be determined and notified by us along with the notification of the promo code itself or the financial reward or the rewards points (see Para 13.2).

14. Entire Agreement & Modification

14.1 As stated in the User Agreement, the User Agreement, this Terms of Use, the Privacy Policy, the Cookies Policy, and the Disclaimer all forms together the T&Cs, the latter (the T&Cs) shall be deemed as a complementary document to the contract/agreement between you and us (if any), the T&Cs and such a contract or agreement form together the entire agreement between you and us, your usage of the Website shall be deemed as acceptance from your side to the entire T&Cs.

14.2 The T&Cs shall be treated as a whole; you accept all provisions therein without any exception. If you do not accept any single provision, you shall stop using the Website as soon as possible and close your account.

14.3 Non-culpability or non-awareness are not valid excuses in any way to defend any of your legal defaults, as well as defaults of your employees, fellows, agents, entities, or affiliates.

14.4 As previously stated, we emphasize that we have the sole discretion to modify, edit, and/or amend any provision stated in the T&Cs after sending you a notice of such modification/s by email or any other valid delivery means.

14.5 The T&Cs are binding on all Users. Any User who closes his/her account would desist being obligated under the T&Cs except all provisions pertinent to the IPR, Dispute Resolution, Indemnification, and permitted & prohibited usage, all such provisions shall survive and get enforced perpetually for an unlimited period.