These terms and conditions were last updated in September 2020.
By using the Platform, a Coach agrees to and confirms the following: • You will use your best endeavours to provide coaching services of the highest quality to Users • You will prepare and provide to Users your own terms and conditions governing your coaching services, and you understand that these terms do not govern your provision of coaching services • You will ensure you comply with the General Data Protection Regulation and the UK Data Protection Act (together, the “Data Protection Legislation”). You hereby indemnify us against any breach of the Data Protection Legislation • You will make all payments to us that are due and payable under clause 7 of these terms • You will ensure that all coaching material used to provide the coaching services are your own intellectual property and does not infringe the intellectual property rights of any third party. You hereby indemnify us against any breach of this provision • You are responsible for having in place appropriate insurance in order to provide the coaching services • You are operating on a self-employed, freelance basis, and are not employed by us. You hereby indemnify us against any taxes, fines or other charges associated with any finding contrary to this provision. You are an independent contractor, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by virtue of these terms, and neither of us shall have any authority to bind the other in any way • If you raise an issue with a user, it is within our discretion as to whether we inform the coach of your concerns, and the manner in which we deal with the issue • You understand that permitting you to use the Platform to provide coaching services is our decision and we may, for whatever reason, deny you from providing coaching services • You must provide us with your bank account details in order to receive the proceeds of coaching sessions (and update these when required). You understand that failure to do so may result in you failing to receive payment for coaching sessions 9. Acceptable Behaviour on the Platform By using the Platform, you agree to comply with our guidelines on acceptable behaviour contained within this clause 9. This includes, but is not limited to: • Conducting yourself in an appropriate manner, in accordance with generally accepted principles of etiquette, during coaching sessions (whether audio, visual or in writing) • Conducting yourself in an appropriate manner, in accordance with generally accepted principles of etiquette, during any conversations with any other user of the Platform • Please be punctual for coaching sessions, and show politeness, respect and proper behaviour, in line with social norms, with participating in such sessions We reserve the right to remove you from the Platform for any breach or suspected breach of this clause 9, in our sole discretion, and you do not have the right to appeal this decision except in extremely limited circumstances, which we will determine on a case-by-case basis.
10. Charges If you sign up to a free subscription/trial, please note that your use of the Platform will be limited in the ways described on the Platform at the time of sign up. We reserve the right to remove you from the free trial, or implement a fee for this subscription level, at any time, subject to us providing prior notice to you of the change. If you do not wish to be charged the amended fee, you may cancel your account prior to the change. We reserve the right to amend monthly membership fees at any time, and will endeavour to provide you of prior notice of doing so. If you do not agree with amendments to membership fees, you may cancel your account on the Platform and cease to provide coaching services on the Platform. We also reserve the right to charge a commission in respect of the coaching services, and will advise you in advance of such commission applying. Our membership fees may be exclusive of Value Added Tax. If you fail to make payment on time, we may charge you interest at a rate of 3% per annum above the Bank of England base rate from time to time, accruing daily. We collect coaching fees via the Platform, and remit the fees due to you as a coach through one of our third party payment providers to ensure that you’ll be paid without any delays. We will endeavour to ensure all fees due to you up until the same business day prior to remission of the fees are paid on that day, but due to factors outside our control, this may not always be possible. Coaches may also track payments received from users via the dashboard on the Platform. Payments are taken through an online payment provider via the Platform, and the proceeds shall be remitted to the coach within a reasonable time period after receipt from the user. Users of the Platform are not subject to any of our charges, although will be responsible for paying for the coaching sessions. The use of an Account is subject to a Fee. Upon sign-up for an Account, the Coach must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Coach did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Coach elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Coach is solely responsible for the payment of such taxes, levies or duties.
11. Confidentiality You agree that any matter discussed between user and coach as part of the coaching services is confidential and shall be kept secret indefinitely unless the other party approves the disclosure, or such disclosure is required by a court of law or a regulatory body. We do not have access to the matters discussed as part of any coaching service. 12. Termination Either you or us may terminate these terms with immediate effect by providing the other party with written notice by email.
Users We will cancel your account on the Platform if you do not show up for a coaching session, without having provided 24 hours’ notice of cancellation, or where you repeatedly cancel coaching sessions. In such circumstances, you will not be entitled to any refund of the coaching sessions you have paid for but not attended, except in exceptional circumstances (we will make a decision on any refund after consultation with the relevant coach). In the event that your access to the Platform is cancelled by us, and you have paid for coaching sessions in advance, we will refund such pre-payments within 14 days of termination. We reserve the right to allow you to re-register with a different coach. Coaches If you repeatedly fail to show up for coaching sessions with users, or do not show up for a coaching session without having provided 24 hours’ notice of cancellation, we will terminate your access to the Platform. You will not be entitled to any refund of membership charges, and it is your responsibility to ensure subsequent membership charges are cancelled.
13. Computer Offences If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Platform will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You mustn't try to get access to our Platform or server or any connected database or make any 'attack' on the Platform. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Platform. 14. Links to Our Platform You are allowed to make a legal link to our website's homepage from your website. We can end this permission at any time. You must not suggest any endorsement by us or association with us unless we agree in writing.
15. Links From Our Platform Links from our Platform to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them. 16. Variation We change these terms from time to time and you must check them for changes because they are binding on you. 17. Disputes 16.1 In the event of a dispute between a coach and a user, we will do our best to work with both parties to ensure a satisfactory outcome for both. You are encouraged to discuss any issues with us with a view to resolving issues before they escalate. 16.2 In the event that a dispute described in clause 16.1 occurs regarding payment of coaching fees, we will not be liable to repay any coaching fees, on the basis that there is a contractual relationship between the user and the coach, to which we are not a party. We will, however, endeavour to mediate and resolve the situation to the best of our ability. 16.3 If our attempts at mediation between a coach and a user do not result in a satisfactory outcome, the parties will be required to deal with the issue directly between themselves, and potentially by escalating this through legal procedures. We will not be party to any such legal action. 16.4 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it. 16.5 Any dispute shall not affect the parties' ongoing obligations under the Agreement. 16.6 The English courts have the only right to hear claims related to our Platform, and all disputes are governed by English law.
18. Contact Us Please email us at firstname.lastname@example.org to contact us about any issues.