Last updated: May 9, 2023
1. INTRODUCTION
Welcome to Arena of Life LLC (“Arena of Life”), our website is located at http://www.arenaoflife.com/ which is the support and resource website for Arena of Life. The ArenaPro site is found on the web address of http://arenaoflifepro.com/ (the “Sites”). Our self-awareness, personal development and creative tools are accessible via our Sites and our mobile device application (“App”). To make these ArenaPro Terms of Service (“the ArenaPro Terms”) easier to read, the Sites, our services and App are collectively referred to as the “Services.” Our Services include 2 subscription models i.e., the standard membership subscription for individuals (with 2 Arena options available at different price points), the ArenaPro Subscription for Professionals and ArenaPro Member licenses, as described more fully below.
Please read these ArenaPro Terms carefully as they govern your use of our Services. These ArenaPro Terms are particularly applicable to the use of our Services under the ArenaPro Subscription model.
2. AGREEMENT TO THESE TERMS
By using our Services, you agree to be bound by these ArenaPro Terms as well as the General Terms of Services. If you don’t agree to be bound by these ArenaPro Terms and the General Terms of Services, kindly refrain from making use of our Services (in any capacity).
3. CHANGES TO THE ARENAPRO SUBSCRIPTION TERMS OF SERVICE
We may update these ArenaPro Terms at any time, in our sole discretion. Should we do so, we will notify you know either by posting the modified ArenaPro Terms on the Site, by a prompt notification when using the Site and/or App, or through other relevant means of communications. It is important that you review these ArenaPro Terms when they have been updated and should you continue to make use of our Services after we have posted updated ArenaPro Terms to the Site, you are deemed to have accepted the updated ArenaPro Terms. If you do not agree to be bound by the updated ArenaPro Terms, we urge you to refrain from continuing to use the Services.
4. DISPUTE RESOLUTION PROCEDURE
All disputes arising from the use of our Services will be dealt with in the manner set out in the General Terms of Service.
Any dispute arising between the Professional and any one or more of its Members must be dealt with between such parties. Arena of Life is not a party to the contractual (or any other) agreement between the Professional and its ArenaPro Member/s and therefore will not be liable (in any manner) for any claims which the Professional may have against their ArenaPro Member/s or vice versa. The contractual relationship between the Professional and Member is a separate and distinct legal agreement and Arena of Life is in no manner involved or liable for any disputes arising therefrom.
5. ARENAPRO SUBSCRIPTIONS
ArenaPro Subscription
The ArenaProSubscription is purchased by Professionals (i.e., trainers, coaches, mentors, supervisors, managers, business owners or directors etc.) (“Professional”) who are 18 years and older. When an ArenaPro subscription is purchased, and the ArenaPro Terms (amongst other consent policies) (https://arenaoflife.com/pro/arenapro_terms) are agreed to, the Professional is granted access to the ArenaPro site hosted at the following web address: www.arenaoflifepro.com. The Professional may then purchase licenses to allow their invited member/s (i.e., trainee, mentee, employee etc.) (“ArenaPro Member”) to share their Arenas with them via their ArenaPro site.
Unused ArenaPro licenses purchased by the professional will carry over to the next subscription period if the Professional renews their ArenaProSubscription. In the event that the Professional does not renew their subscription upon expiry of the 12-month subscription term, all unused licenses will be forfeited.
The ArenaPro Subscription is utilized by Professionals who can create customizable templates for their ArenaPro Members to use. Professionals can also keep track of the progress of their invited ArenaPro Member/s once they have: (1) Downloaded the Arena of Life app from their app store; (2) Successfully created an Arena of Life account; (3) accepted the invite to share their Arenas using the code provided and (4) given their consent to share the contents of their Arenas with the Professional.
therefrom.
6. ARENAPRO MEMBERSHIPS
ArenaPro Memberships
And ArenaPro Membership (available to persons ages 13 and older, alternatively to persons who have reached the age of consent and who have legal capacity to conclude contracts within their state/country), is created by a Professional for an ArenaPro Member and provided to an ArenaPro Member via an invitation.
Once an invited ArenaPro Member has successfully downloaded the Arena of Life app on their device and accepted the General Terms of Service, this Privacy Policy and the Cookie Policy; registered their account,t they will then proceed to activate the Share my Arenas invite code contained in the Professional’s invite email. Once the ArenaPro Member has successfully given consent to share the contents of their Arenas with the Professional, the ArenaPro Member will have access to the Professional’s Arena templates as well as other relevant resources and tools. In turn, the Professional will also have access to the ArenaPro Members profile, which includes the ArenaPro Member’s Arenas, goals, intentions, initiatives, and reflections (if consented to by the ArenaPro Member) as the two accounts will be linked.
The ArenaPro Member must consent to the sharing of their personal information with the Professional prior to the Company permitting any ArenaPro Member information to be shared. In the event that the ArenaPro Member is 13-17 years old (“the minor”), the Company has implemented certain additional security measures whereby the parental consent of the minor’s parental guardian will be obtained prior to the minor being permitted to become an ArenaPro member (in accordance with the relevant legal requirements). In addition, the minor will also be required to consent to the sharing of their personal information with the Professional. The minor will also be required to accept the Arena of Life General Terms of Service, Privacy Policy and the Cookie Policy prior to utilizing the Arena of Life platforms.
By consenting to Share my Arenas, the ArenaPro Member acknowledges, understands and consents to their personal information being shared with the Professional (as the two accounts are linked).
The Professional may only request information from their ArenaPro Members which aligns to the services which the Professional has agreed to provide to theArenaPro Member. The aforementioned is to be read in the context of usage of the Arena of Life Services, and in particular in relation to the Professional’s relationship with its Member/s in the context of the usage of the App.
The ArenaPro Member is advised and cautioned not to divulge any personal information to the Professional which falls outside the scope of services offered by the Professional.
Should the ArenaPro Member feel that the Professional is acting in bad faith and/or requesting personal and/or sensitive personal information from a ArenaPro Member which goes beyond the Professional’s advertised scope of services, we urge the ArenaPro Member to refrain from providing the requested information to the Professional and to report the Professional to Arena of Life by sending an email to supprot@arenaoflife.com.
7. ELIGIBILTY FOR ARENAPRO MEMBERSHIP
Eligibility for ArenaPro Memberships
8. ARENAPRO MEMBERSHIP PROCESS
An ArenaPro membership is an account created by a Professional for an ArenaPro Member and provided to the ArenaPro Member via an invitation. The process to create an ArenaPro Member is as follows:
Option 1: Should the ArenaPro Member be 18 years and older, they will download the app from the app store (which requires that they accept the General Terms of Service, Privacy and Cookies policies) then register their account and then be able to input the invite code to Share their Arenas (this process is explained more fully below).
Option 2: When our system recognizes that an invitee is 13-17 years old, it will automatically require that the Professional provides an email address for the parental guardian and obtain their consent prior to inviting the 13-17 year old to be an ArenaPro Member (this process is explained more fully below).
Further Explanation of the above options:
(Option 1)
(Option 2)
In the event that the potential ArenaPro Member is 13-17 years old, Arena of Life has implemented certain additional security measures (in line with the relevant legislation) in order to obtain parental guardian consent prior to the minor being invited by the Professional. This process is as follows:
9. ACCESS, RESPONSIBILITY AND OBLIGATIONS OF THE PROFESSIONAL
9.1. Once the Professional successfully registers an ArenaPro account with Arena of Life, the Professional will have the ability to create template Arenas for its ArenaPro Member/s. When the ArenaPro Member activates their unique invite code, the ArenaPro Member will be given access to these pre-populated template Arenas. This means that the Professional will input the Arenas, Goals and focus areas which its ArenaPro Member/s will work towards achieving.
9.2. When the ArenaPro Member uses the unique invite code and consents to sharing their personal information with the Professional, the Professional will be granted access to view the information being inputted by the ArenaPro Member on the Arena of Life app (through the linked Professional’s ArenaPro account).
9.3. Where the ArenaPro Member is 13-17 years old and parental guardian consent is required prior to the ArenaPro Member being invited, the parental guardian will be sent an email informing the parental guardian that by consenting to their minor child activating their code, the minor child will be sharing their Arenas and personal information with the Professional.
9.4. The ArenaPro Member will have the option to keep their reflections private (should they wish to do so).
9.5. The Professional undertakes and is bound to provide the service, as advertised and recorded when registering for the ArenaPro account, to their ArenaPro Member/s and may not provide or offer to provide any service over and above this.
10. PRIVACY RIGHTS AND OBLIGATIONS OF THE PROFESSIONAL AND THEIR ARENAPRO MEMBERS
10.1. The privacy of our subscribers is of utmost importance to us. Note that all Professionals will be bound by these ArenaPro Terms, the Arena of Life General Terms, the Cookies Policy and the Arena of Life Privacy Policy.
10.2. Our privacy policies are compliant with the General Data Protection Regulation (GDPR) and well as the California Consumer Privacy Act (CCPA) and other relevant legislation.
10.3. Should the Professional and/or their ArenaPro Member be a South African citizen, we recommend that you refer to our POPIA Privacy Policy by clicking here: https://arenaoflife.com/pro/additionalpolicies.
10.4. The information which we collect and how we process and share such information is contained in our Privacy Policy (https://arenaoflife.com/privacy_policy).
10.5. However, the Professional (by virtue of them having access to their ArenaPro Members’ personal information) holds a greater responsibility when it comes to privacy when using our Services.
10.6. The Professional may only process the ArenaPro Member’s information to facilitate the delivery of their services (as provided when the Professional registered their ArenaPro account). The Professional may not process, use, request or act in any manner outside of this scope and may not, in any circumstances, divulge the ArenaPro Member’s information to any third-party.
10.7. By purchasing the ArenaPro Member license/s and inviting ArenaPro Member’s to Share their Arenas and link their account, the Professional understands that they will be privy to personal information of their ArenaPro Members, which at times, could contain sensitive personal information.
10.8. The Professional understands the importance of privacy when it comes to the information of their ArenaPro Members, has read these ArenaPro Terms, the General Terms of Service and the Arena of Life Privacy Policy, and undertakes and understands that they are not permitted, in any circumstances, to share the information of their ArenaPro Members with any third party.
10.9. Furthermore, the Professional undertakes to use the personal information of their ArenaPro Members in a responsible manner and to never use such information in bad faith or to discriminate against any individual, whether this be the ArenaPro Member or any other person.
10.10. The Professional may only request information from their ArenaPro Member which aligns to the services which it has agreed to provide to the Member.
11. PROFESSIONAL SERVICES
The Professional may only use the Arena of Life Services for the purpose of assisting their ArenaPro Members with the services which they have recorded that they offer when registering their ArenaPro account with Arena of Life. The Professional may not use the Services for any purposes which are in contradiction with any legislation or in a manner that may be considered to be against public policy and morals. We re-iterate that the Arena of Life Service is designed to create self-awareness and be utilized as a personal development tool and the ArenaPro Subscription is a service to assist the Professionals in creating goals and connecting them to their ArenaPro Member/s, as well as jointly observing progress made on said goals. Arena of Life is a platform aimed at the betterment of individuals, and Professionals are required to use the platform in a manner consistent with this goal.
12. SUBSCRIPTIONS INFORMATION
12.1. All standard subscription models can be purchased through the customers applicable app store. The standard subscription may be purchased as an annual subscription, or as a monthly subscription, where payment for the subscription is paid upfront at the beginning of the subscription period and will continue on an annual or month to month basis until the customer cancels its subscription (which cancellation is also done through the customer’s app provider).
12.2. The ArenaPro subscription is offered on an annual basis (i.e., a 12-month subscription period).
12.3. ArenaPro Member licenses are purchased on an annual subscription basis (i.e., payment is required upfront from the Professional for a 12-month period for each license purchased). Should the Professional elect to cancel its ArenaPro account prior to the expiration of the 12-month subscription period, all linked ArenaPro Member accounts shall also be cancelled.
12.4. The period of subscription in respect of the ArenaPro Subscription will commence on the date of purchase.
12.5. The period of subscription in respect of the licenses for ArenaPro Members will commence once the code is activated by the ArenaPro Member.
12.6. Purchased licenses which are not activated in the ArenaPro Subscription period will carry over to the next ArenaPro Subscription period, on the condition that the ArenaPro Subscription period is renewed by the Professional. If the subscription period in not renewed, then the inactivated licenses shall lapse.
12.7. Should the Professional not cancel their ArenaPro subscription prior to the initial period expiring, then their subscription will automatically renew for subsequent periods of the same length as the initial period until the Professional cancels its subscription.
12.8. The Professional may cancel an ArenaPro Member’s license/s at any time, however the Professional will not be eligible for a refund, re-use or reallocation for the license used by the ArenaPro Member should it elect to cancel the ArenaPro Member license prior to the expiration of the license period.
12.9. Cancellation process:
12.10. Refund:
The Professional will not receive a refund for the ArenaPro Subscription fee for the current subscription period, and/or additional license/s fees already paid for; and the Professional and their activated linked ArenaPro Members will continue to receive the Services ordered until the end of their current Subscription period.
The exception to the paragraph above is where the Professional has purchased an annual ArenaPro Subscription or any license/s and notifies Arena of Life within 7 days of purchasing such subscription/s that they wish to cancel the subscription. In this event, Arena of Life shall charge the Professional a pro-rata fee for use of the Services for the days within which it and their activated ArenaPro Members had access to the Services and refund the Professional the remaining fee within 5 days. For any activated ArenaPro Members, the cancellation of their account within this period will result in the same effect and procedure for ArenaPro Members that is outlined in sections 11.9 above. Should the Professional attempt to cancel the annual ArenaPro Subscription after 7 days have lapsed from commencement of the Subscription, or paid for licensed account/s after the 7 days, the Professional shall not be entitled to a refund, and the Professional will continue to have access to the ArenaPro and licensed accounts until the end of the subscription period.
13. CHANGES TO PRICING FOR SUBSCRIPTIONS
Arena of Life reserves the rights to amend their pricing terms for ArenaPro Subscriptions and additional licenses at any time and Arena of Life will notify the Professional in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for ArenaPro Subscriptions and license renewals after such changed pricing terms have been communicated to the Professional. If the Professional does not agree with the changes to Arena of Life’s pricing terms, then the Professional may choose not to renew their subscription in accordance with the section “Subscriptions Information”.
14. FUTURE FUNCTIONALITY
The Professional agrees that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Arena of Life regarding future functionality or features.
15. FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at feedback@arenaoflife.com. By submitting such feedback, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
16. PROHIBITIONS
The Professional and their ArenaPro Members agree not to do any of the following:
16.1. Post, upload, publish, submit or transmit any Content that:
16.1.1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
16.1.2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
16.1.3. is fraudulent, false, misleading or deceptive;
16.1.4. is defamatory, obscene, pornographic, vulgar or offensive;
16.1.5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
16.1.6. is violent or threatening or promotes violence or actions that are threatening to any person or entity;
16.1.7. promotes illegal or harmful activities or substances; and/or
16.1.8. do anything other than for the intended purpose as described in its service offering to their ArenaPro Members.
16.2. Use, display, mirror or frame the Services, or any individual element within the Services, Arena of Life’s name and or Brand, any of Arena of Life trademark/s, logo/s or other proprietary information, or the layout and design of any page or form contained on a page, without Arena of Life’s written consent;
16.3. Access, tamper with, or use non-public areas of the Services, Arena of Life’s computer systems, or the technical delivery systems of Arena of Life’s providers;
16.4. Attempt to probe, scan, or test the vulnerability of any Arena of Life system or network or breach any security or authentication measures;
16.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Arena of Life or any of Arena of Life’s providers or any other third party (including another user) to protect the Services;
16.6. Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Arena of Life or other generally available third-party web browsers;
16.7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
16.8. Use any meta tags or other hidden text or metadata utilizing an Arena of Life trademark, logo URL or product name without Arena of Life’s written consent;
16.9. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
16.10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
16.11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
16.12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
16.13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
16.14. Impersonate or misrepresent your affiliation with any person or entity;
16.15. Violate any applicable law or regulation; or
16.16. Encourage or enable any other individual to do any of the foregoing.
17. MONITORING OF SERVICES
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these ArenaPro Terms, and to compliance with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these ArenaPro Terms. We have the right to investigate violations of these ArenaPro Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
18. TERMINATION
We may terminate the Professionals access to and use of the ArenaPro Subscription and license Services, at our sole discretion, at any time and without notice to the Professional and/or their ArenaPro Members should the Professional and/or their ArenaPro Member/s be in breach of these ArenaPro Terms. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these ArenaPro Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
19. WARRANTY DISCLAIMERS
19.1. Arena of Life does not warrant that the Professional is suitable to provide the services to which it advertises to their Members.
19.2. Arena of Life is not a party to or liable (in any manner or form) for any dispute arising from the contractual agreement between the Professional and its ArenaPro Member/s.
19.3. Arena of Life is in no way affiliated to the Professional.
19.4. Arena of Life has not vetted or approved any Professional who uses their Services.
19.5. Arena of Life does not warrant and/or guarantee that the Professional will achieve its purpose by using the ArenaPro Subscription Service. Arena of Life merely provides the platform for the Professional to offer its services to its ArenaPro Members. The success of any Professional, the services it offers or it’s linked Members is entirely dependent upon the Professional.
19.6. Arena of Life does not warrant or guarantee that an ArenaPro Member will successfully achieve its Arena goals by using the Services. Arena of Life merely provides the platform for the Professional and ArenaPro Member. The success of any Arenas is entirely dependent on the ArenaPro Member and/or the Professional.
19.7. The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties arising out of course of dealing or usage of trade.
19.8. We make no warranty that the Professional and/or ArenaPro Subscription and/or ArenaPro Member Services or Products will meet the Professional’s requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
19.9. As the Services will be offered in various countries/states, Arena of Life has used their best endeavors to ensure compliance with the relevant legal requirements for use of its Services. However, the responsibility vests with the user of our Services to ensure that they use the Service in compliance with the relevant legal requirements of their country/State.
19.10. Should the use of the Services in any way contradict any legal requirement of your country/State, please refrain from using the Services.
19.11. Arena of Life will not be held responsible for the use of their Services by any individual who uses the Services in contradiction to the relevant legal requirements of their country/State.
20. GENERAL TERMS
20.1. These ArenaPro Terms, together with the General Terms of Service, constitute the entire and exclusive understanding and agreement between Arena of Life and you regarding the Services, Products and Content, and these ArenaPro Terms supersede and replace any and all prior oral or written understandings or agreements between Arena of Life and you regarding the Services, Products and Content. If any provision of these ArenaPro Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section as contained in the General Terms of Service or by court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible, and the other provisions of these ArenaPro Terms will remain in full force and effect.
20.2. These ArenaPro Terms must be read together with the General Terms of Service, the Arena of Life Privacy and Cookies policies.
20.3. If there are any inconsistencies between these ArenaPro Terms and any other terms as contained in the General Terms of Service or Privacy Policy, the content of these ArenaPro Terms shall prevail.
20.4. The Professional may not assign or transfer these ArenaPro Terms, by operation of law or otherwise, without Arena of Life’s prior written consent. Any attempt by you to assign or transfer these ArenaPro Terms, without such consent, will be void and of no effect. Arena of Life may freely assign or transfer these ArenaPro Terms without restriction. Subject to the foregoing, these ArenaPro Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
20.5. Any notices or other communications provided by Arena of Life under these ArenaPro Terms, including those regarding modifications to these ArenaPro Terms, will be given:
20.5.1. by Arena of Life via email; and/or
20.5.2. by posting to the Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20.6. Arena of Life’s failure to enforce any right or provision of these ArenaPro Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Arena of Life. Except as expressly set forth in these ArenaPro Terms, the exercise by either party of any of its remedies under these ArenaPro Terms will be without prejudice to its other remedies under these ArenaPro Terms or otherwise.
21. CONTACT INFORMATION
If the Professional has any questions about these ArenaPro Terms or the Services or Products, please contact Arena of Life at support@arenaoflife.com.The Professional may cancel an ArenaPro Member’s license/s at any time, however the Professional will not be eligible for a refund, re-use or reallocation for the license used by the ArenaPro Member should it elect to cancel the ArenaPro Member license prior to the expiration of the license period.
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