| 1 | The Terms and Conditions The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our Website through which coaching may be provided. This Website is owned and operated by Gift Based Coaching. By accessing or using the Website, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Website. If you do not agree to be bound to any term of this Agreement, you must not access the Website. When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Website (the “Company”). |
| 2 | The Coaches and Coaching Service The Website may be used to connect you with a Coach who will provide services to you through the Website (“Coach Services”). We require every Coach providing Coach Services on the Website to be a qualified and experienced coach. This Website’s role is limited to enabling the Coach Services while the Coach Services themselves are the responsibility of the Coach who provides them. If you feel the Coach Services provided by the Coach do not fit your needs or expectations, you may change to a different Coach who provides services through the Website. While we hope the Coach Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation. This Website is not intended for the provision of counselling or psychotherapy services. |
| 3 | Privacy and Security Protecting and safeguarding any information you provide through the Website is extremely important to us. Information about our security and privacy practices can be found on our Privacy Notice available at https://giftbasedcoaching.org/privacy-notice (The ‘Privacy Notice’). By agreeing to this agreement and/or by using the website, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy notice. |
| 4 | Third Party Content The Website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content. |
| 5 | Disclaimer of Warranty and Limitation of Liability You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Coaching Services or the Website, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any coach and/or any other content or information accessible through the website. You understand, agree and acknowledge that the website is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the Website is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied. You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages. You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the website will not exceed the total amount of money paid by you through the website in the 3 months period prior to the date of the claim. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement. |
| 6 | Your account, representations, conduct and commitments You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. You agree and confirm that your use of the Website, including the Coaching Services, are for your own personal use only and that you are not using the Website or the Coaching Services for or behalf of any other person or organization. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned. You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Website and your relationship with the Coaches and us. If you receive any file from us or from a Coach, whether through the Website or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Website; (b) your violation of any of the provisions of this Agreement; (c) non-payment for any of the services (including Coaching Services) which were provided through the Website; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Website, is accurate, current and correct and will continue to be accurate, current and correct. |
| 7 | Modifications, Termination, Interruption and Disruptions to the Website You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Website, any part of the Website or the use of the Website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Website depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Website’s reliability and accessibility, you understand and agree that no website can be 100% reliable and accessible and so we cannot guarantee that access to the Website will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times. |
| 8 | Notices We may provide notices or other communications to you regarding this agreement or any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to legal@giftbasedcoaching.org. |
| 9 | Important notes about our Agreement This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the United Kingdom excluding any rules governing choice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the UK Court System. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. This agreement constitutes the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement. We may change this Agreement by posting modifications on the Website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Website and participation in its services. We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement. Last updated: 8 October 2020 |
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