This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and us. Please read them carefully.
2.1 “Authorized Customer/User” shall mean an individual subscriber with a subscription to our service.
2.2 “Confidential Information” shall mean the Content and any information, technical data, or know-how considered proprietary or confidential by either party to these terms and conditions disclosed by either party, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form.
content.2.3 “Registered Coach” means an individual who has been appointed to use his or her skills to offer coaching services to a customer and/or user.
2.4 “Service” shall mean the availability of our platform to both the Coach and the Customer and/or User.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
Eligibility to access or use our Services is offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use our Services.
5.1 Our website is an all-in-one Platform for coaches and customers. The site is subject to the fees and charges on the Site.
5.2 We do not offer any coaching advice, services, recommendations, or referrals. Coaches are not our employees or agents. It is agreed by you that any coaching services provided by Coach is an agreement between Coach and Customer. We shall not be held responsible or liable for the actions or omissions of (i) any coaching services provided to Customers and (ii) any Customer who fails to pay the Coach.
5.3 We do not make any warranty, guarantee, or representation as to the coaching ability, competence, quality, or qualifications of any Coach. Furthermore, we do not warrant or guarantee that the Coaches are covered by professional liability insurance. We encourage you to research any Coach before accepting an agreement for coaching services.
5.4 You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to these Terms and Conditions; (ii) your use of the Service will be solely for purposes that are permitted by these Terms and Conditions; and (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
6.1 Our website supports user reviews for any service offered by the coaches on our platform. The only requirement is that the reviews can be left by Users who have purchased the services from the platform.
6.2 We require all users to have an account to purchase any service.
6.3 To leave a review, a User must login to their account to be able to leave a review for a particular service.
6.4 We recommend that the Coach encourage Users to leave reviews.
6.5 No abusive or vulgar language will be permitted. Only our administrators can modify or delete customer/user reviews.
7.1 WE ARE NOT A BANK and only holds funds for the purposes of settling the provision of services offered. We strongly recommend that all coaches do not hold dormant balances on the platform. No coach is permitted to hold a dormant balance on the platform for more than 30 days. We reserve the right to apply Our Fees or write downs to dormant balances until they are withdrawn or become zeroed. Funds held by us on the platform are not insured.
7.2 We act as an Agent of Payment between the Customer and Coach. We agree to make such funds available to the Coach balance with 24 hours. The Coach is then able to withdraw those funds subject to the setting up of a valid withdrawal account. We take it as our obligation to prevent fraud and money laundering seriously and reserve the right to delay payments to Coaches if fraud or money laundering is suspected. All payments for work completed must go via our platform unless we have given our express written permission otherwise in relation to a specific payment; attempts to pay outside of our platform will lead to sanctions not limited to immediate account suspension. Users must immediately report to us any offers to pay outside of our platform made by their Coach.
8.1 You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration of your use of our Service.
8.2 You warrant that:
content.9.1 We shall use commercially reasonable endeavors to make the Service available 24 hours a day and 7 days a week except for (i) maintenance periods (whether scheduled or unscheduled) and (ii) interruptions to the Service for causes beyond our control. Where possible, we will use commercially reasonable measures to provide advance notice of any expected service interruption.
9.2 We undertake that the Service will be performed substantially in accordance with any documentation provided by us which describes the Services, and with reasonable skill and care.
9.3 The undertaking in the previous paragraph shall not apply to the extent of any non-conformance which is caused by use of the Service contrary to our instructions, or modification or alteration of the Service by any party other than us or our duly authorized contractors or agents. If the Service does not conform with the foregoing undertaking, we will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in the preceding paragraph. Notwithstanding the foregoing, we:
2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10.1 You shall provide us with all necessary co-operation in relation to this Agreement and all necessary access to such information as may be required by us in order to provide the Service, including but not limited to Customer Data, security access information and configuration services.
10.2 You shall obtain and maintain all necessary licenses, consents and permissions necessary for the use of the Service.
10.3 You shall not access, store, distribute or transmit any software viruses, or any material during the course of your use of the Service that is unlawful, defamatory, discriminatory, infringing, harassing or racially or ethnically offensive, illegal or facilitates any illegal activity, and we reserve the right, without liability or prejudice to our other rights to you, to suspend or disable your access to any material that breaches the provisions of this paragraph.
10.4 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software programmes we use to provide the Service (“Software”) or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human readable form all or any part of the Software.
10.5 You authorize us to raise invoices on your behalf in connection with the services offered to the user and/or customer.
11.1 We integrate with third party payment processors for the purposes of facilitating payments to Coaches for their coaching services. Use of this feature requires that the Coach is the holder of a third party payment account.
11.2 You acknowledge that such transactions may attract service fees and that you are liable to pay any and all such fees as they may be assessed in connection with your account. Third party payment processors’ fees are separate from any fees charged by us for the use of the platform.
11.3 You further consent to us storing information about such transactions for the purposes of:
Our Platform allows you to access certain e-commerce transaction and related data of and about your Customers. Such e-commerce and related data, together with any additional data of or about the Customers provided to our site by you or by the Customers directly shall be referred to herein as the <b> “Customer Data”</b>. You are solely responsible and liable for your Customers and any support, customer service, problems, claims, disputes or issues arising with respect to and in connection with (i) any coaching services you provide to your Customers or (ii) your access and use of our Services.
13.1 Subject to and conditioned on your payment of applicable Fees and compliance with these Terms and Conditions, we hereby grant to you a non-exclusive, non-transferable, non-sub licensable right during the Service Term to access and use the Services, solely for use by Authorized Users in accordance with these Terms and Conditions. Such use is limited to your internal use. We shall provide to you the necessary passwords and network links or connections to allow you to access the Services. <b>"Authorized User" </b>means Coaches and Customers who are authorized to access and use the Services under the rights granted herein pursuant to the Terms and Conditions.
13.2 You shall not use the Services for any purposes beyond the scope of the access granted in the Terms and Conditions. You shall not at any time, directly or indirectly, permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, provide service bureau or similar services, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
14.1 When you sign up or register with us for use of the Platform or related Services, you agree that all information provided to us relating to you will be true, accurate, current and complete. You agree to promptly update all such information whenever any of it changes. You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to use the account, username, login credentials or password<b> (“Credentials”)</b> of another individual or entity when using the Services, or disclose your Credentials to, share your account with, or allow your account to be used by any other individual or entity except for your Authorized Users. You will employ all reasonable efforts and measures to prevent unauthorized access to and use of the Services. You agree to notify us immediately if you suspect any unauthorized use of your account or unauthorized access to your Credentials.
14.2 You are solely responsible and liable for all uses of, and activities occurring under, your Credentials and account for the Services and for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms and Conditions. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms and Conditions.
15.1 You acknowledge and agree that we own all intellectual property rights in the Service and the Platform. Except as expressly stated herein, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
15.2 We confirm that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of the Agreement.
If at any time you wish to withdraw your authorization for us to receive payments and/or process payments on your behalf, you may do so by cancelling your membership and/or your account.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
18.1 You agree to hold us harmless and indemnify us from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys` fees, of every kind and nature.
18.2 Except as set out in this paragraph, we shall not be liable for any loss of business, loss of profit, loss of or damage to reputation, loss or corruption of data or for any indirect or consequential loss relating to its provision of the Service.
We reserve the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
In no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
These Terms and Conditions shall be construed in accordance with the laws of Switzerland, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
23.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party`s Confidential Information shall not be deemed to include information that:
23.2 Each party shall take all reasonable steps to ensure that the other`s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
23.3 Each party shall hold the other`s Confidential Information in confidence and not make the other`s Confidential Information available to any third party, or use the other`s Confidential Information for any purpose other than the implementation of this agreement. However a party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this provision, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
23.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
23.5 We acknowledge that the Customer Data is the Confidential Information of the Coach.
23.6 The above provisions of this Confidentiality section shall survive termination of this Agreement, however arising.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
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