TERMS AND CONDITIONS
IMPORTANT: TO USE COACHUB OR XLR8 PLUS SERVICES YOU WILL NEED TO READ THESE TERMS AND CONDITIONS CAREFULLY.
INTRODUCTION
The following are the Coachub and XLR8 PLUS Terms and Conditions of Use (hereinafter “T&Cs”) for the “Coachub” or "XLR8 PLUS" website (Coachub is also available on the iOS™ and Android™ operating systems as an internet-enabled mobile telephony device (“Smartphone”) available from the Apple™ App Store Google™ Play and any other authorized Android sales outlets). Coachub provides a peer-to-peer method and forum for contact and to arrange and schedule coaching between a natural or legal person in need of certain defined coaching services, a “User" or "Student" or "Player” (as hereinafter defined), and a natural or legal person willing and able to provide those services, a “Coach” (as hereinafter defined) owned and operated by Coachub Pty Ltd a company incorporated in New South Wales, Australia, (hereinafter “Coachub”) and constitute a binding contract between Coachub and the person who has downloaded, installed, used or viewed Coachub or XLR8 PLUS from the website or the Apple iOS or Google Play Android appstores, the “Client” or “Contractor” (as hereinafter defined) (hereinafter “you” or “You” or “your” or “Your”).
In keeping with the corporate aims of Coachub to enhance and make life more convenient through social cooperation, facilitated through the operation of the suite of apps and information technologies, owned and operated by Coachub, these T&Cs are to be read in accordance with the Privacy Policy of Coachub and in accordance with the data protection laws in the jurisdiction in which you reside, the provisions of which are implied and deemed incorporated into these T&Cs. You are advised to read the Privacy Policy in order that you can be made aware of your rights and obligations and those of Coachub thereunder. These T&Cs are placed on the app and website for the purposes of informing you of the terms and conditions under which you are required to behave. A copy of the T&Cs, as amended, is also made available to you and anyone wishing to use the app and/or website at the time of download, installation, use, viewing, and/or purchase. Download, installation, use, viewing and/or purchase is in strict accordance with these T&Cs, Privacy Policy, Software License Agreement, disclaimers, notices and any other legal documentation associated with Coachub contained, detailed or referenced herein, all as amended (collectively and where required referred to as the “Coachub Policy and Regulatory Documents”, a list of which can be found in clause 18. herein).
Coachub reserves the right to change these T&Cs or any other provision of the Coachub Policy and Regulatory Documents from time-to-time at its sole and exclusive discretion and without reference to you. Please refer to the app and/or website periodically for any changes. By continuing to access or use the app and/or website after Coachub makes any such changes, you agree to be bound by the revised T&Cs.
You hereby agree that you SHALL ACCEPT every provision of the T&Cs and Coachub Policy and Regulatory Documents as a precondition of download, installation, use, viewing and/or purchase of Coachub. Should you not wish to accept the Coachub Policy and Regulatory Documents and any other legal documentation associated with Coachub contained, detailed or referenced herein, as such a precondition you should not proceed to install and or use the app and/or website, and thereby no contract shall exist between you and Coachub. These T&Cs and Coachub Policy and Regulatory Documents are the definitive contract between you and Coachub governing your download, installation, use, viewing, and/or purchase of Coachub.
Should you repeatedly attempt to use the app and/or website without first accepting the Coachub Policy and Regulatory Documents and any other legal documentation associated with Coachub contained, detailed or referenced herein Coachub reserves the right, at its full, sole and absolute discretion to delete your User Account and in such an event you shall have no cause or absolutely no claim or absolutely no right to make a claim against Coachub.
In the context of these T&Cs reference to the system administrator may mean the Coachub system administrator or the nominated employee of Coachub and vice versa.
In the context of these T&Cs clause headings and words underlined or in bold type (other than defined terms in bold type) are included for convenience only and do not affect interpretation or applicability.
In the context of these T&Cs
“User” or "Client" or "Student" or "Users looking for coaching" shall mean a natural person of either gender or a legal person, having reached his or her majority, who accesses and uses the website or has downloaded, installed, purchased and/or uses the app for the purpose of requesting a “Coaching Service” (as hereinafter defined). The Client is an independent party and no joint venture, partnership, employment, or agency relationship exists between the Student and the Coach (as hereinafter defined) as a result of these T&Cs or Client’s download, installation purchase and/or utilization of the app and/or website;
“Coach” shall mean a natural person of either gender having reached their majority or legal person expressly named as the coach supplying the Coachibng Services (as hereinafter defined) on the website or on the app or the person to whom Student awards a request for provision of the Coaching Services (as hereinafter defined). The Coach is an independent party and no joint venture, partnership, employment, or agency relationship exists between the Coach and Student as a result of these T&Cs or Coach’s download, installation purchase and/or utilization of the app and/or website.
In the context of these T&CS
“Acceptance” means the point of time at which Student agrees to Payment to Coach for provision of the Coaching Services after Completion of the requested coaching transaction;
“Completed Transaction/Completion” are the Requests that have been fully performed and delivered to the Student, subject to the provisions of these T&Cs;
“Coaching Services” means any of the services defined herein, which Coachub provides an enabling platform Contractor to Offer for sale to Client, in strict accordance with these T&Cs;
“Coaching Offers” are exclusive proposals that a Coach can create in response to specific requirements of a Student. Coaching Offers are defined by Coach on the basis of the exact description of the Student, the suggested service fee and the time expected for Completion of the Coaching Service;
“Coaching Requests” are requests made by Student to receive a Coaching Offer from a Coach;
“Request(s)” means the formal agreement(s) agreed by and entered into between a Student and a Coach after an advertisement for a Coaching Service was placed on Students profile page;
In the context of these T&Cs “Registered Account User/Holder” means any person, natural or legal who has formally and officially registered an Coachub User Account as a Client, Student or Contractor.
For the purposes of the T&Cs, the term "Content" (subject to the provisions of clause 4. hereinafter) shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information. The term "post" shall mean to publish, provide, display, upload, or otherwise transmit.
Pursuant to the right of Coachub stated in clause hereinabove, at its sole and exclusive discretion, to update, amend or revise these T&Cs and/or any of the Coachub Policy and Regulatory Documents at any time, and the reserved right to issue new policies and provisions, which will automatically be incorporated into the Coachub Policy and Regulatory Documents, you are advised to refer to these T&Cs and/or the Coachub Policy and Regulatory Documents periodically for changes.
Coachub reserves the right, at its sole and exclusive discretion, to act as it sees fit in the event of any negligent or willful violation of any of the provisions of these T&Cs and/or the Coachub Policy and Regulatory Documents. Subject to the relevant provisions of these T&Cs and the Coachub Policy and Regulatory Documents, such action may include, but be not limited to
Pursuant to the below clause of registration. herein, closure of Registered User Account;
A fixed term prohibition on use of Coachub or the creation of a Registered User Account, which would include a prohibition on the downloading and installation Coachub on your computer or Smartphone;
A perpetual prohibition on use of Coachub or the creation of a Registered User Account, which would include a prohibition on the downloading and installation of Coachub on your computer or Smartphone;
The initiation of criminal proceedings against any Student or Coach whose violation of these T&Cs and/or the Coachub Policy and Regulatory Documents is deemed to be sufficiently serious;
The pursuit of a civil suit against any Student or Coach whose violation of these T&Cs and/or the Coachub Policy and Regulatory Documents is deemed to be sufficiently serious; or any other action that Coachub may, at its full, sole and absolute discretion, deem appropriate in the circumstances.
Registration, Eligibility and Account
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer coaching services from more than one Coachub account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Customer and member services
Upon registration to coachub, you are registered as a member of Coachub either as a coach or a student/player looking for a coach. You can request to be de-registered as a member at anytime by contacting Coachub..If you choose to register as a Coach or a Coach Seeker (as defined in section 2, below) through our Services then You will become a “Member” of Coachub for the term of Your registration. This Agreement, together with the terms of your registration agreement will govern your relationship with us and your use of our Services during the term of your membership.
Members may use our Services to engage third-party providers to run criminal and other background checks, including third party sex offender searches and checks (collectively, “Background Checks”). Members must pay for Background Checks as indicated on the website. Coachub does not automatically run Background Checks on any Members. Coachub may use Your name, address, and other identifying information You provide to us to obtain Background Checks on You.
By becoming a User or a Registered Member, You are expressly acknowledging and agreeing that Background Checks pertaining to You may be obtained and disclosed to the requesting party under these Terms. You acknowledge, agree and expressly grant Coachub the right to verify Your representations and warranties, using Background Checks or otherwise, and to take any action Coachub deems appropriate in its sole discretion, including but not limited to terminating Your membership should Coachub determine, in its sole opinion, that You have violated any representation or warranty or any other provision of these Terms. If You refuse permission for a Background Check, Coachub reserves the right to refuse or to terminate Your Membership and participation in our Services without repayment of any fees already paid by You.
Furthermore, You expressly acknowledge and agree that Coachub may and is authorized to disclose the results of any Background Check, if You are a Coach, to any person that has obtained coaching services from You and, if You are a Coach Seeker, to any Coach who has been engaged by You. All Members are entitled to receive a copy of the results of any Background Check which is run on them. All Members are entitled to receive a copy of the results of any Background Check which is run on them from the applicable third-party provider. Members will have the option to seek to correct erroneous information by working directly with the applicable third-party provider. Negative results from a Background Check will be shared with the Member requesting the Background Check only in summary form. Because Background Checks are from third-party providers, Coachub cannot guarantee the accuracy of the Background Checks, and disclaims all esponsibility and liability for the results of said Background Checks. Coachub does not independently verify information in the Background Checks.
If You decide to use or access information provided by a third-party verification service offered through the website, You expressly agree, represent, and warrant that You will only use the information You obtain relating to another Member for the express purpose of determining whether to transact business with that person. You may not disclose and expressly represent and warrant that You will not disclose the Background Check information You obtain on another Member to any other person or entity.
Amendments to Terms and Conditions
The Terms and Conditions, including the Privacy Policy, are subject to change by Coachub at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on www.coachub.com and within the Coachub mobile apps. If we make changes, we will post them to you and will indicate the new effective date of the Terms. If we make material changes to the Terms, we will notify you here, by email, or through a notice on our home page. We encourage you to refer to the Terms and Conditions on an ongoing basis so that you understand our current Terms. Unless stated otherwise, Coachub's current Terms and Condigions and Privacy Policy applies to all information that we have about you and your account.
Terms of Service
The Services constitute a technology platform that enables users of Coachub's mobile applications or websites provided as of the Services (each an "Application") to connect and arrange and schedule coaching services with independent third party providers and independent third party coaching providers under agreement with Coachub or certain Coachub affiliates ("Third Party Providers"). Users that are looking for coaches may use the Services for themselves or to arrange coaching for children less than eighteen (18) years of age (“Minors”). The Service provides a place for Coaches to list their services and experience, and for users looking for coaches to review and communicate with the Coaches for a potential match and availablity. Coachub does any liability or responsiblity in the interaction between users looking for coaches(and Minors, as applicable) and Coaches except to provide this service for matching and to collect payments on the behalf of Coaches and Users matched through our Services.
Users and Members of Coachub represent, understand and expressly agree that Coachub does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the coaching services actually delivered by any Coach, nor of the integrity, responsibility or any of the actions whatsoever of the users and members using coaches(and Minors, as applicable). Coachub makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Coaches or Users and members looking for coaches(and Minor, as applicable) whether in public, private or offline interactions, or arranged through our Services. Coachub is not responsible for the conduct, whether online or offline, of any User of this service or any User or Member of the Service.
Coachub does not assume any responsibility for the accuracy or reliability of any information provided through this service or our Services, or by Coaches or Users looking and engaging with coaches who also use our Services. Coachub does not assume and expressly disclaims any and all liability that may result from the use of any information provided through this service or through Coaches or users looking for coaches listed with our platforms on mobile and web.
All Users, Coaches and Members, including both Coaches and Users looking for coaches (and Minor, as applicable) do hereby expressly agree not to hold Coachub (or Coachub’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent Coaches, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Coachub electronic platforms and Coachub and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this service, the information provided through this website and the services provided by or to any User of this service.
Coachub Services
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or anyone under the age of eighteen (18). This service is currently available only to Australian citizens and/or any individuals who are legally in the jurisdiction of Australia and, with respect to Coaches, those that may legally work within Australia. By registering as a Member and/or using the website or our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). If You are a looking for a coach using Coachub Services to arrange coaching for Minors, You represent and warrant that You are the parent or legal guardian of each Minor, or that You have the permission of the parent or legal guardian of all Minors who will participate in any coaching arranged through our Coachub Services.
You represent and warrant that You (a) have never been the subject of a complaint, restraining Coaching Request Transaction or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Members.
Users looking for coaches may user the services of a Coach through the use of the applications and platforms. In the event that a registered user and a Coach agree on the provision of services such agreement is solely between the user and the Coach except as otherwise described in this Agreement. Coachub is not a party to any agreement between Coaches and Registered users engaging coaching services. Any issues concerning the services received by the user looking for coaching (and Minors, as applicable) or payment due to the Coach (except to the extent that such issue relates to the Services or Coachub’s role as a payment conduit) must be resolved directly by the Registered User and the Coach.
Coach Services
Subject to the condition that Coachub, as the owner and operator of Coachub, and all Registered users and coaches are fully independent contracting parties, and any of the Coaching Services Offered by a Coach and Accepted by the users looking for coaches, are Offered for engagement and Accepted, independently from and to the full exclusion of Coachub provides an enabling platform for Coach to Offer Coaching Services to Student/User looking for coaches. For the avoidance of doubt, Coaching Services must be in full accordance and compliance with the provisions of these T&Cs and all other provisions of the Coachub and Regulatory Documents and must be services listed hereinafter that can be tendered for legally; and form the basis of a contract for services that can be Accepted by a Registered User as Student/User looking for coaches in the Australia;
For the further avoidance of doubt the services, which constitute SCHEDULE B hereinafter, are specifically excluded from being Offered and any attempt to Offer such services or to Request them is strictly prohibited and will result in action being taken against any Coach Offering such Coaching Services or any Student attempting to Request such services by Coachub, at its full sole and exclusive discretion. Furthermore, Coachub hereby disclaims absolutely any and all liability for the outcome of any such Coaching Services Offered and provided in contravention of this disclaimer. Absolutely nothing contained herein operates to usurp this immunity. Furthermore, Coachub hereby declares that Coachub is not responsible for verifying the veracity of claims made by any Registered Account User as Coach to the educational or professional qualifications they possess, their membership of any professional, public and/or regulatory bodies or their current or continuing standing in any such professional, public and/or regulatory bodies; and shall not be held liable for any such claims which may be proven to be unlawful, deceptive, misleading, fraudulent or tortious.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
If You are a Coach, it is Your responsibility to obtain workers’ compensation insurance for any injuries You may suffer in the course of the provision of services to Students and Users looking for coaches. In no event may a Coach seek coverage under Coachub’s workers’ compensation policy. You acknowledge that any insurance coverage provided by Coachub is in excess over any personal insurance policies you have that may apply and that you are responsible for payment of any deductible associated with such Coachub provided policy coverage. In addition, as a Coach, it is Your responsibility to provide facilities in or at which to provide coaching services (the “Facilities”). You represent and warrant that: (a) the Facilities will be safe and appropriate for the type of coaching provided, and (b) You have appropriate permission from the owner of the Facilities to conduct such activities at the Facilities.
Overview of Coaching Request Transaction Process
Subject to the provisions of clause for payments. herein and any instructions that are provided at the time the Coaching Request is placed, Coaching Services are offered by the Coach at a price at the full, sole and exclusive discretion of Coach and to the full exclusion of Coachub. Any price suggested by Coach or Student for Coaching Services, is subject to negotiation between Student/User looking for coaches and Coach, on their own behalf and for their own benefit, as fully competent contracting parties independent of Coachub;
Pursuant to the provisions of clause for Payments below. herein, payment for Coaching Services is effected by a one-time only, non-recurring payment.
Student/User looking for coaches defines the Coaching request in a description; and title and an approximate date and time for Coaching; and posts the advertised for Service on Student/User looking for coaches’s public profile advertising board for Coaching Requests from a range of Coaches. Student/User looking for coaches selects the favoured Coaching Offer on the basis of the most reasonable price quoted; or
Student/User looking for coaches defines the Coaching Services in a description and title, providing an approximate date and time for Completion and posts the advertised for Services on Student/User looking for coaches’s public profile advertising board, selecting the first Coaching Offer received.
Only Registered Coaches are permitted to offer Coaching Services to other Registered Account Holders as Student/User looking for coaches.
Coaches are hereby obliged to fulfill their requests in accordance with the provisions of these T&Cs and at law, and, pursuant to the provisions of clause 2.3 herein, may not cancel accepted requests on a regular basis or without cause.
Coach provides Coaching Services without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose, which are expressly and absolutely disclaimed by these T&Cs. Cancelling Coaching Request Transactions may affect Coach’s reputation and Ranking and may lead to action being taken against Coach by Coachub, at its full, sole and exclusive discretion, in accordance with provisions of these T&Cs.
Student/User looking for coachess shall not make nor Coaches accept payments using any method other than by means defined in clause for payments herein.
Student/User looking for coaches are granted all rights for the Accepted and Completed Coaching transaction unless otherwise specified by Coach at the time Coaching Services are negotiated.
It is the sole and exclusive responsibility of Coach to determine the Licensing and Ownership of Coaching Services and to make this clear to Student/User looking for coaches prior to Acceptance. Coachub hereby disclaims absolutely and to the fullest extent of the law any liability for the failure of Coach to determine the Licensing and Ownership of Coaching Services and for communicating such to Student/User looking for coaches.
Coach Providing Coaching Services
Student/User looking for coachess may request a specific Coach Service from any Coach, but any request for Coaching Services shall be for a Coach Service that can only be provided in accordance with the provisions of these T&Cs and the Coachub Policy and Regulatory Documents. It is at the sole and exclusive initiative and discretion of Coach to Offer Coaching Services and to enter into negotiations with a prospective Student/User looking for coaches and to further Offer to provide Coaching Services. Coach may refuse to provide Coaching Services to any prospective Student/User looking for coaches at their full, sole and exclusive discretion, without cause, without notice and without liability. Student/User looking for coaches may reject any Offer of Coaching Services, without cause, without notice and without liability.
Crediting of payment;
A Coaching Offer for Coaching Services Offered by Coach may have an appropriate Coaching Services-related image attached along with it. Any image shall be in full compliance with the provisions of these T&Cs and the provisions of the Coachub Policy and Regulatory Documents. Failure to abide by this provision may result in deletion of the image and/or other action by the Coachub system administrator;
Coaching Services Offered by Coach may have an appropriate Coaching Services-related video attached along with it. Any video shall be in full compliance with the provisions of these T&Cs and the provisions of the Coachub Policy and Regulatory Documents. Failure to abide by this provision may result in deletion of the image and/or other action by the Coachub system administrator.
Registered Account Holder as Student/User looking for coaches
Payment for Coaching Services is in accordance with the provisions of this clause, and clause for payments herein and any instructions provided at the time of coaching request placement. Redemption of payment for Completed Coach Service Transactions by Coach is in accordance with the relevant provisions of clause 8. herein. Student/User looking for coaches may request a specific Coach Service from any Coach, which addresses specific Student/User looking for coaches requirements, and receive a Coaching Offer from Coach, but any request for Coaching Services shall be for Coaching Services that can only be provided in accordance with the provisions of these T&Cs, with specific reference being had to the provisions of clause coach services and clause for payments. herein, and the Coachub Policy and Regulatory Documents. It is the sole and exclusive discretion of Coach to Offer Coaching Services and to enter into negotiations with a prospective Student/User looking for coaches and to further Offer to provide Coaching Services. Coach may refuse to provide Coaching Services to any prospective Student/User looking for coaches at their full, sole and exclusive discretion, without cause, without notice and without liability.
Payment for Coaching Services shall only be made through the app and website itself and in accordance with the provisions of clause payments. herein. You shall not make payment by any other means. In the event that you attempt to make payment by any other means or you do so and it is brought to the attention of Coachub that you have acted mala fides, Coachub may consider such action a violation of these T&Cs and/or the Coachub Policy and Regulatory Documents and reserves the right to take any action it sees fit, at its sole and exclusive discretion, without liability to you, in accordance with these T&Cs and the Coachub Policy and Regulatory Documents.
Coaching Request Process
For a step-by-step guide to the Coaching Request Process, please refer to SCHEDULE C hereinafter.
Upon Completion of an Coaching Request Transaction
Subject to the Coaching Request Transaction being Completed in accordance with the provisions of this clause and agreed between Coach and Student/User looking for coaches at Acceptance, without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose being made by Coach, Coaching Request Transactions cannot be cancelled, and payment refunded, once payment has been made by Student/User looking for coaches and credited to Coach’s account, for any cause or on any grounds;
Coach is solely responsible for the Completion of Coaching Services. In accordance with the provisions of clauses for payment herein and SCHEDULE C, Student/User looking for coaches and Coach are the owners of their respective User Generated Content, subject to the licenses granted to Coachub. Coachub hereby disclaims absolutely any liability for the content and quality of any Coaching Services Completed Coaching Transaction;
Coach is required to provide the Completed Coaching Service to Student/User looking for coaches at the time specified when Coaching Request Transaction was placed. Coach must send confirmation and/or proof of work in accordance with the provisions of clause 6. hereinafter to mark the Coaching Request Transaction as Completed;
In the event that Coach Service provided is a virtual service, Coach is solely responsible for scanning all transmitted files for viruses and malware. Coachub hereby disclaims absolutely any liability for any negative outcome, which may include, but be not limited to, operating system damage, corruption or failure, or hardware damage or failure that may result from use of User Generated Content or files transmitted.
For any income generated by Coach from provision of Coaching Services, Coach shall be solely and personally liable for self-assessment and self-declaration of taxation and statutory contributions on any income so generated and received. Coachub hereby disclaims any legal or moral duty for assessment or declaration of any personal tax liabilities for which Coach may be liable.
Your Account
Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
You are responsible for providing accurate, current and complete information in connection with Your registration and use of the website and the Services. Coachub is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users. As part of the Services, Coachub allows You to post information about Yourself to our website. You are solely responsible for any information, content, messages, photos, videos, reviews or profiles (collectively, “Content”) that You publish or display (hereinafter, “post”) on the website, or transmit to other Users. You will not post, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to Coachub or to any other User. You understand and agree that Coachub may review and delete any Content, in each case in whole or in part, that in the sole judgment of Coachub violates this Agreement or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Content to any public or Member area of the website You represent and warrant that You have the right to grant, and You do grant to Coachub, together with its Affiliates and its and their licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of Your Content by Coachub will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or Content made available on the website or through the Service, but not directly by Coachub, are those of their respective authors. Such authors are solely responsible for such Content. Coachub does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the Service. Under no circumstances will Coachub or its Affiliates be responsible for any loss or damage resulting from: i) Your reliance on information or other content posted on the website or transmitted to or by any user of the website or Service; or ii) reviews or comments made about You on the website by other users.
Coachub will only use the information You provide on the website in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
Links from the website to external sites (including external sites that are framed by Coachub) or inclusion of advertisements do not constitute an endorsement by Coachub of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Coachub does not control such sites, and is not responsible for their content. Just because Coachub has hyperlinks to such sites does not mean that Coachub endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Coachub’s Terms and Privacy Policy. Coachub expressly disclaims any liability derived from the use and/or viewing of links that may appear on this website. All users hereby agree to hold Coachub harmless from any liability that may result from the use of links that may appear on the website.
Coachub takes Children’s privacy very seriously. Registering on Coachub is intended for people 18 or over. While many end-users of coaching arranged through Coachub’s Service (i.e., the people who actually take the coaching session, the Minor Athletes) will be children under the age of 18, their parents or guardians will be the only valid registered users on Coachub. Coachub will not knowingly collect any information from children under 13. You must identify Your age during the registration process. That being said, we do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using this website.
The website and our Services may not be used by any person or organization to recruit, solicit, or contact Coach Seekers or Coaches for employment or contracting for a business not affiliated with Coachub without the express prior written permission of Coachub. You may not copy the contents of our website, including but not limited to any of the records or profiles of our Users or Members, and you are prohibited from using any technology, method or scheme to scrape, crawl, reproduce, cache or mirror all or any portion of the contents of our website, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of our website. Should Coachub find that You violated the terms of this paragraph or any terms stated herein, Coachub reserves the right, at its sole discretion, to immediately terminate Your use of the website, Your membership and our Services, and/or assess a $10,000 daily fee for scraping, copying, caching or reproducing either in a manual or automatic manner, Coach, Coach Seeker, or Minor Athlete information, including but not limited to, names, addresses, phone numbers, or email addresses, copying text, or otherwise misusing or misappropriating website content.
Although Coachub cannot monitor the conduct of its Users off the website, it is also a violation of these Terms to use any information obtained from the website or the Services in Coaching Request Transaction to harass, abuse, or harm another person, or in Coaching Request Transaction to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. In Coaching Request Transaction to protect our Users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and terminating Your Membership, with or without notice. Following any termination of any Member’s use of the website and/or Services, Coachub reserves the right to send a notice thereof to other Members with whom You have corresponded advising them of Your termination from the Services.
Notwithstanding anything to the contrary in this Agreement, Coachub may terminate any Membership, or block access to the website and the Services, for any reason or no reason whatsoever, with or without notice, at any time. In case of termination by Coachub, a refund for prepaid Services will be provided only in cases where such termination was not in connection with a Member’s violation of this Agreement. Coach Seekers are obligated to pay for the Services provided through this website, unless specifically notified otherwise.
Students/Players or Coach Seekers that sign up for our Services agree to pay Coachub all charges at the prices then in effect for any use of the Services. During registration, Coach Seekers will be asked to provide payment provider details and to authorize charges to such providers for selected Services. Ordinarily, a Coach Seeker will be required to submit payment for coaching services in advance (“Session Rights”). Session Rights (whether paid in advance or otherwise provided by Coachub) are to be used within one year of initial purchase or issuance. Coachub will encourage you to use your unused Session Rights through repeated email reminders.
Coachub reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
Term of these Terms and Conditions
These T&Cs shall be effective as of the Effective Date, which date shall mean the date on which you download, install and/or purchase Coachub from the App Store or Google Play or website and install it on your computer or Smartphone, regardless of whether you create a User Account, and remain in full force and effect until terminated. Coachub, at its full, sole and exclusive discretion, reserves the right to terminate these T&Cs forthwith or on a specified date, for any period of time, for any reason, with or without cause. These T&Cs may be terminated by an email from you to Coachub, within a specified notice period in accordance with the relevant provisions of this clause, or by an email from Coachub to you, or by the deactivation of your Registered User Account or username by the system administrator of Coachub.
All rights granted by you to Coachub during the Term of these T&Cs shall survive the termination of these T&Cs by you or Coachub.
Termination Provisions
Coachub reserves the right, at its sole and exclusive discretion, to terminate your access to all or part of the app and/or website, with or without notice, for any reason, including, without limitation, in the event that Coachub believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs or any provision of the Coachub Policy and Regulatory Documents.
Failure to Complete Coaching Requests pursuant to the provisions of coahing services clause herein on 3 (three) consecutive occasions may result in the termination of Coaches’s access to the app and/or website or the termination of these T&Cs, at the sole and exclusive discretion of Coachub; or any other action at the full, sole and exclusive discretion of Coachub as per the rights reserved in clause of your account herein.
Upon termination of the T&Cs and subject to the provisions of clauses Coach Services, Payments and SCHEDULE C hereinafter, in the event that the T&Cs are terminated without Completion and Acceptance of any Coaching Requests by Coaches Coaches will not be entitled to a monetary refund of any kind.
Upon termination of the T&Cs and subject to the provisions of clauses Coach Services, Payments and SCHEDULE C hereinafter, in the event that the T&Cs are terminated by Student without the placement of any Request for Coaching Services, Students will not be entitled to a monetary refund of any kind.
In the event that a Registered User (as Coach or Student) terminates these T&Cs for alleged cause, negligent or willful fault on the part of Coachub, Coachub may at its full, sole and absolute discretion act in accordance with the provisions of clause INDEMNITY, DISCLAIMER. LIMITATION AND EXCLUSION OF LIABILITY hereinafter. In the event that you accept such an offer you hereby irrevocably agree to waive any rights you may have at law or in equity to initiate further action against Coachub and that you will have no other cause in this event.
In the event that the Coach fails to Complete Coaching Requests pursuant to the provisions of clauses Coaching services and payments and SCHEDULE C hereinafter, on 3 (three) consecutive occasions, Coaches access to the app and/or website may be terminated or these T&Cs terminated, at the sole and exclusive discretion of Coachub; or any other action at the full, sole and exclusive discretion of Coachub, as per the rights reserved in clause 1.4 of these T&Cs. In the event the T&Cs are terminated, you shall be entitled to redeem ONLY the monetary value of your earnings up to the actual date of termination of the T&Cs, after which your Registered User Account will be deactivated and your right to redeem your earnings revoked.
In the event that these T&Cs are terminated by Coachub because of a material breach of them or of any provision of the Coachub Policy and Regulatory Documents by Coach, you shall be entitled ONLY to redeem the monetary value of your earnings up to the actual date of termination of the T&Cs, after which your Registered User Account will be deactivated and your right to redeem the monetary value of your earnings revoked.
You hereby acknowledge fully and irrevocably that Coachub shall not be liable to you or any third party for any termination of your access to the app and/or website, the closure of your Registered User Account or the termination of the T&Cs.
In the event that these T&Cs are terminated, those provisions that are intended to survive termination shall survive and shall remain in full force and effect.
Requesting or Accepting Coaching Services Not Arranged Through Coachub
Users/Students/Players/Minors and Coaches agree and acknowledge that in cases where the parties have initially been introduced and/or transacted for coaching through the Service, it is an express violation of these Terms for either party to offer or accept the provision of coaching services between the parties without arranging such coaching services through the Service.
If you as a coach offer coaching services, the first and all future bookings with Coachub users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services. Verification of such an arrangement may result in the immediate suspension from our Services. Any funds remaining as a balance of the users or coaches account will also be suspended until the matter is resolved between all parties.
Content
User Generated Content ("UGC") refers to the Content added by both Registered Users and non-registered Users and third party advertisers as opposed to content created by Coachub. All Content uploaded to Coachub, by a Student/User looking for coaches, Coach orany Registered User, non-registered User, Third Party Service Advertiser (as hereinafter defined) or any third party is User Generated Content. Before uploading Content, all Registered Users undertake, in accordance with the provisions of "Licence" clause . hereinafter that they possess all the necessary legal rights, permissions, prerogatives and/or licenses to upload Content and provide, sell or resell Coaching Services. You understand and agree that the Content displayed on Coachub is posted by third parties independent in their entirety from Coachub and that despite the reasonable commercial endeavours of the Coachub system administrator Content may be published on the app and/or website that certain persons may find objectionable, before the Coachub system administrator has acted to remove the offending Content or has issued a warning or Coaching Request Transaction to the Registered Users, Third Party Service Advertiser or non-registered User at fault to remove the User Generated Content. In such an event Coachub shall not be liable or responsible for User Generated Content posted by third parties and hereby denies and disclaims absolutely any liability for such User Generated Content.
Despite the policies and reasonable commercial endeavours of Coachub to monitor and control the User Generated Content placed on the app and/or website by any third party, such reasonable endeavours are not subject to obligation or warranty and Coachub hereby claims FULL immunity from liability and for User Generated Content posted by third parties and nothing in these T&Cs is intended to waive, remove, or usurp such immunity.
You understand and hereby agree that Coachub may delete any User Generated Content that in the sole and exclusive judgment of Coachub violates these T&Cs or any provision of the Coachub Policy and Regulatory Documents or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Coachub, its employees, associates or affiliates. Coachub is not responsible for and shall not be held liable for any failure or delay to remove such User Generated Content.
Coachub may display images from, or otherwise link you, to other apps or websites on the Internet. These apps and or websites may contain information or material that some people may find inappropriate or offensive. Such apps or websites are not under the control of Coachub, and you acknowledge that Coachub is not responsible for and shall not be liable for the accuracy, copyright or any other intellectual property right compliance, legality, decency, or any other aspect of the content of such apps or websites. The inclusion of such a link does not imply endorsement of the app or website by Coachub or any association with its employees or other users. You are solely responsible for the User Generated Content that you post on Coachub or otherwise transmit to other Coachub Registered Users, non-registered User or third parties.
Pursuant to the above provisions, hereinafter, Coachub reserves the right, at its full and exclusive discretion to use all Accepted, published and Completed Coachub transactions for its marketing and promotion purposes. For the avoidance of doubt, Coaching Services Transacted through Coachub are subject to the provisions of this clause.
TRANSACTIONS, PAYMENT PROCESSING AND COACHUB REFERRAL SYSTEM
THE PROVISIONS OF THIS CLAUSE ARE TO BE READ IN ACCORDANCE WITH THE PROVISIONS OF SCHEDULE C ATTACHED HEREWITH
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Coaching Request Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Request may be suspended or cancelled. You must resolve any problem we encounter in Coaching Request Transaction to proceed with your request. In the event you want to change or update payment information associated with your Coachub account, you can do so at any time by logging into your account and editing your payment information.
Initial payment for Coaching Services is by personal credit card processed through Stripe or Paypal, as the means of Requesting Coaching Services. When you click “Make Payment” you will see the name of one of Coachub’s trusted payment processors, Stripe or PayPal, that can accept and process your credit card payment. In this way, Coachub does not have access to your personal credit card details and your personal details are subject to the security policies and systems employed by Stripe and you are advised to make yourself familiar with the processing system employed by Stripe at https://www.stripe.com
Payment may also be made through PayPal, in which case your personal information is subject to the security policies and systems employed by PayPal and you are advised to make yourself familiar with the processing system used by PayPal at https://www.paypal.com/send-payments-online
You are hereby advised that these are the only methods of payment currently available for Coachub. You are also advised, in accordance with the general principles of these T&Cs, that other payment methods may be made available in the future, and you should read the T&Cs periodically for the methods that may then be available.
Coachub may be downloaded and installed completely free-of-charge. You will only be charged when you choose to make payment for a Coaching Service Request. Any Coaching Service Request is a unique one-time only charge, meaning you will never be charged again for the same Coaching Service on a particular date. Coachub does NOT use recurring charges for credit card payment, or use other deceptive billing practices.
In rare cases, when a credit card payment is declined, you may still see a pending charge on your credit card balance for several days. This pending charge will be deleted 7-10 (seven to ten) business days after the transaction and you will not be charged anything since the purchase was rejected. This unusual situation may arise when your credit card issuing bank approves the transaction but the payment processor still denies the transaction because, for example, the address you entered did not match the billing address or your secure identifier number was incorrect. In this case, the credit card issuer puts a hold on the funds for up to 7-10 (seven to ten) business days, but since the payment processor rejected the transaction, the funds will not be withdrawn.
In a small number of cases, a payment may be credited to your credit card statement as having been made on a different date, usually several days after you actually made the purchase. This can happen for a number of reasons, including but not limited to there being a public holiday, it being a weekend, and differences in time zones across countries. It may seem as if you were double-charged or otherwise over-billed when you see more transactions on a given date than you made, but this is most likely a transaction from a previous day. Coachub cannot double-charge you for a single purchase.
The price charged for every Coaching Service Request is clearly posted and Coachub shall never charge you any additional costs or fees. However, in very rare cases, the amount charged to your credit card statement may be higher than the posted price. This may be so because some credit cards charge various additional transaction fees, which produce a higher transaction amount. You also acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
If you are outside of Australia and your payment processor is Stripe, Stripe may add a surcharge for the currency conversion. All Coaching Request Transaction prices are converted to and set in Australian Dollars. If your payment processor is PayPal, and you are outside the Australia, PayPal may add a surcharge for the foreign currency conversion. The payment processor, Stripe or PayPal, will process the payment in accordance with it own practices, policies and procedures. Please refer to https://www.stripe.com or https://www.paypal.com/send-payments-online for your reference and information. In accordance with the principles of these T&Cs, the processing of your payment is conducted by an entity wholly separate from and independent of Coachub and Coachub hereby disclaims absolutely ANY AND ALL LIABILITY whether, direct, indirect, vicarious or otherwise for the processing of your payment.
In the event that you attempt to make a make payment for a request and your credit card is rejected, Coachub will not be supplied with information as to why it was rejected. In such an event you are responsible for contacting your credit card issuing bank and asking why the charge was rejected? Or you may use a different credit card.
Refunds
Should you contact the payment processor or credit card issuing bank directly for a refund of any Coaching Request, Coachub’s operating system will automatically assume that the charge was unauthorized and you will therefore be blacklisted permanently from creating a Registered User Account. Any request for a refund can and shall only be made directly to Coachub; and
Any request for a refund of an Incomplete Coaching Request, upon termination of the T&Cs, should be made in accordance with the instructions issued to you with the app or on the website at time of purchase, which can be found in the admin panel of your Coachub's Registered User Account.
Coaches are hereby obliged to fulfill their Requests in accordance with the provisions of these T&Cs and at law, and, pursuant to the provisions of the termination clause herein, may not cancel Requests on a regular basis or without cause. If Coach is unable to Complete Coaching Requests on 3 (three) consecutive occasions, Coachub may, at its full, sole and exclusive discretion choose to withhold the Coaches accounts and monies within.
Subject to the provisions of clause on Coach Services, Coaches provides Coaching Services without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose, which are expressly and absolutely disclaimed by these T&Cs, therefore REFUNDS ARE NOT AVAILABLE FOR ANY COMPLETED AND ACCEPTED COACHING SERVICE. A refund will only be available to Student in the event that Coaching Service is not Completed and Accepted by Student within 30 (thirty) calendar days of the Completion Date stated in the Request;
In accordance with Coachub policy, any monetary refund to which Student may be entitled to on the grounds of an Incomplete Coaching Service, or refund of any purchase will be made at the end of the calendar month following that in which the Request was placed or in which the purchase was made. Any refunds are also subject to the terms and conditions of your credit card and/or credit card issuing bank;
In the event that Student has not placed a request for a Coaching request during the Term of these T&Cs or they expire without Student having made a purchase during the Term, Student shall not be entitled to a monetary refund of any kind.
Redemption of Earnings by Coach
Subject to the provisions of clauses of termination and coach services of these T&Cs, redemption of monetary value earned by Coach from Payment by Student for Acceptance of Completed Coaching Services can be effected by contacting the Coachub system administrator through the app or the website at www.coachub.com. Coach may redeem monetary value of earnings by Electronic Fund Transfer (“EFT”), often called “wiring”. In Coaching Request Transaction to redeem your earnings by means of EFT you should provide the following information to the Coachub system administrator: 1) the name of your bank; 2) the address of your bank; 3) your bank’s SWIFT code; 4) the name of the beneficiary account (that is the name of the account holder you wish to make payment to, this must be the name registered as the account holder with the bank); and 5) the beneficiary account number; and
Coach shall be solely and personally liable for self-assessment and self-declaration of taxation and statutory contributions on any income generated from provision of Completed and Accepted Coaching Services, or from Referral(s). Coachub hereby disclaims any legal or moral duty for the assessment or declaration of any personal tax liabilities for which Coach may be liable.
Licence
Pursuant to the above provisions of content. hereinabove, by posting User Generated Content on Coachub, you automatically grant, and represent and warrant that you have the right to grant to Caochub and users of Coachub for use at their full, sole and absolute discretion and without further acknowledgement or reference to you, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and User Generated Content and to prepare derivative works of, or incorporate into other works and other media, such information and User Generated Content, and to grant and authorize sublicenses of the foregoing. For the avoidance of doubt, Coaching services created on Coachub are User Generated Content and are subject to the provisions of this clause. Should you wish to revoke this license or limit its term or amend the conditions under which it operates, you should contact the Coachub. Coachub will consider any such request on a commercially reasonable basis, but is under no legal or moral duty to accede to any such request; however Coachub hereby gives notice that any revocation of this license, limitation of its term or amendment of any of the other provisions under which it is granted and operates applies only to the license granted hereunder to Coachub and not to that of any other Coachub users, User or any other third party; and that in such an event you are solely responsible for the revocation, limitation of term or amendment of the license granted hereunder to any other Coachub users, User or other third party and for any subsequent enforcement action. Furthermore, Coachub hereby disclaims IN FULL ANY AND ALL liability that may arise in such an event on any recognizable ground or cause of action.
Insurance
Notwithstanding, and without limiting, the foregoing disclaimers of liability, Coachub may purchase one or more insurance policies (“Insurance”) which may provide defence or indemnity in case of property damage or personal injury incurred in connection with the Services. While Coachub makes such Insurance available, we cannot guarantee that the Insurance will cover any particular injury or loss, or that the amount of Insurance will be adequate, or available at all, in any particular case.
Limitation of Liability
Coachub and the other Parties involved will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits or expenses, to the fullest extent permitted by the applicable law, even if Coachub or the other involved Parties have been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose.
The total liability of Coachub and the other involved Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Coachub or the other involved Parties.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on this service is for informational purposes only and is not intended to replace or substitute for any professional advice, financial, medical, legal, or other advice. Coachub makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
Indemnification
You will defend, indemnify and hold harmless Coachub, its independent Coaches, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “Coachub Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
Disclaimers
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Coachub does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Coachub attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
COACHUB DOES NOT:
(i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE AND SERVICES, OR
(ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY THROUGH OR PUBLISHED ON OUR WEBSITE OR THROUGH OUR SERVICES. UNDER NO CIRCUMSTANCES WILL COACHUB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE, OUR SERVICES, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS WEBSITE AND THROUGH OUR SERVICES, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE.” COACHUB DOES NOT ARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIALS, NOR THE SERVICES PROVIDED BY ANY COACH AND COACHUB EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OR RELATING TO OUR SERVICES. FURTHERMORE, COACHUB DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COACHUB DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COACHUB MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER, USER, OR ANY THIRD PARTY AFFILIATED WITH OR WHOSE SERVICES ARE OFFERED THROUGH OUR WEBSITE, TO PROVIDE SERVICES AS A COACH OR TO SECURE THE SERVICES OF A COACH, OR TO VERIFY THE CREDENTIALS AND BACKGROUND OF ANY COACH.
Assumption of Risk
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
You assume all risk when engaging the services of any other User or Member (including any Coach or Student and in connection with using the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Members and any risks associated with obtaining services from any Coach or providing any services to any Student/Users looking for coaches (and Minors, as applicable), including all risks of physical or emotional injury or harm resulting in any way or arising out of coaching services or Student/User looking for coachess obtained through our Services. You agree to take all necessary precautions, including but not limited to any recommendations set forth by Coachub, when interacting with others coaches and users of this service.
Gifts Certificates
You have the ability to purchase gift certificates through our Services that may be redeemed for coaching services. When you purchase a gift certificate, we will send an email to the recipient that can be used to redeem the gift certificate. The recipient will be required to create a Coachub account in Coaching Request Transaction to access our Services and redeem the gift certificate. Gifts certificates are not refundable or redeemable for cash, unless otherwise required by applicable law. However, gifts certificates do not expire, and any unused balance will be placed in the recipient’s Coachub account. If the recipient’s purchase exceeds the amount of the gift certificate, the balance must be paid with a credit card, paypal or other available payment method.
General
You may not assign or transfer these Terms in whole or in part without Coachub’s prior written approval. You give your approval to Coachub for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Coachub’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Coachub or any Third Party Provider as a result of the contract between you and Coachub or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Copyright Claims
To file a copyright infringement notification with us, you (the "Complaining Party") will need to send a written communication that includes substantially the following (please consult your legal counsel to confirm these requirements):
Agreement
By agreeing to the terms of this Agreement, Users of the website, including Members agree to indemnify, defend and hold harmless Coachub and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs (whether incurred by Coachub or its Affiliates) in connection with any claim arising out of (i) materials and content You submit, post or transmit through the website, (ii) use of the website by You in violation of these Terms or in violation of any applicable law, and, without limiting the foregoing (iii) use, reliance upon, or disclosure of Background Checks. Users further agree that they will cooperate as reasonably required in the defense of such claims. Coachub and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Coachub Users further agree to hold harmless Coachub and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the website.
SCHEDULE A
The following are the Coaching Services a Coach may Offer or provide for Coaching Request Transaction in Australia:
SCHEDULE B
PURSUANT TO CLAUSE ON COACHING TRANSACTIONS. the following services are specifically excluded from being Offered as Coaching Services and any attempt to Offer such services or to Request them is strictly prohibited and will result in action being taken against any Coach offering such services or any Student attempting to Coaching Request Transaction such services by Coachub, at its full sole and exclusive discretion. Furthermore, Coachub hereby disclaims absolutely any and all liability for the outcome of any such services offered and provided in contravention of this disclaimer. Absolutely nothing contained herein operates to usurp this immunity. Coachub hereby declares that Coachub is not responsible for verifying the veracity of claims made by any Coach to the educational or professional qualifications they possess, subject to the provisions of clause Coaching Services and the performance of the Coaching Services and shall not be held liable for any such claims which may be proven to be unlawful, deceptive, misleading, fraudulent or tortious and operates to usurp this immunity;
1) professional legal advice and/or legal services;
2) professional accounting/actuarial advice and/or services;
3) professional medical advice and/or services;
4) advice and/or services in any field allied to medicine, dentistry, optometry, alternative medicine, homeopathy, or Traditional Chinese Medicine;
5) professional financial and/or banking advice and/or services;
6) professional investment advice and/or services;
7) professional asset management advice and/or services;
8) real estate investment, sale or purchase, letting or sub-letting or management advice and/or services;
9) any services that Coachub, at its sole and exclusive discretion, adjudges from time to time not to provide, to make available for request, to supported, make available to, through or by the Software or to discontinue offering or allowing a Coach to offer. Coachub hereby disclaims any and all liability for any decision to discontinue offering of any previously offered Coaching Service.
SCHEDULE C
The transaction process for coaching services is as follows:
Overview
Upon confirmation of the Coaching Offer or Coaching Transaction, Coach and User looking for coaching will receive confirmation and details of the Transaction;
Student/User looking for coaches is then is redirected to a free, private conversation with Coach and is sent a notification including Coaching Service Transaction and is able to enter the free conversation to finalise the Coaching Transaction to Acceptance; and
Once the Coach has provided the service and Completed the coaching, subject to the provisions of clause Coaching Services herein, The user who has received the coaching services clicks the “Complete” button in the transaction record, ending the free conversation, and transaction is deemed Accepted and Complete.
Coach Offers
Users that are looking for coaches can posts a coach request. in the users personal portal of app and/or website for a Coaching Service, requesting a coach to provide a coaching services within a defined period and price range.
Coaches make an Offer for the requrested coaching service.
The user looking for a coach then elects to accept the offer by the coach at the given at the offer provided and the details provided in the offier including price, location and other detailed information within.
Coachub will hold the Payment value, subject to an administration fee surcharge to User looking for a coach (Student) of 5.0% (five per cent only) of the transaction value, from users credit card via Stripe or Paypal, in accordance with the provisions of clause 8. of the T&Cs.
Coach agrees to provide the Coaching Service at the Offered price and time. Prior to Coach agreeing to provide the Coaching Service at the Offered price, Coach is informed by the Coachub system that 20.0% (twenty per cent only) commission will be deducted from Offered price and the actual amount Coach will earn from the given Completed and Accepted Transaction. In the event that Coach, at the full, sole and exclusive discretion, of Coach refuses to provide the Coaching Service at the Offered price, the User looking for a coach may select another the Offer of another Coach.
Upon Coach’s agreement to fulfill the Transaction at the Offered price, the agreed amount will be settled into Coachub’s bank account after deduction of the processing charge by the payment processor, Stripe.
Coach contacts the user (Student) and Coach and Student mutually agree the particulars of the Transaction (which may include, but be not limited to date, time, place and duration) and what is expected to be delivered at Completion and Acceptance.
Coach will receive Payment for Completed Transaction upon Acceptance by the Student, subject to the deductions hereinabove defined.
The Coach may, at any time, and at his/her sole discretion request Coachub to redeem a defined amount or the balance of earned cash from Coach’s User Account.
Upon receipt of any such redemption request, Coachub will transfer the defined amount or balance directly to Coach’s designated bank account, or PayPal account, in accordance with Coach’s instructions.
Coaching Requests
Student or Parent of a student can post a coaching request on the app and/or website for a defined and specific Custom request at a predefined price.
Coachub will hold the Payment value, subject to an administration fee surcharge to Student equivalent to 5.0% (five per cent only) of the Transaction value, from Student/User looking for coaches credit card via Stripe, in accordance with the provisions of clause 8. of the T&Cs.
The advertised request is visible to all potential Coaches on the app and/or website and they are able to apply to Student to fulfill the advertised request as a Coaching Service. Prior to the request being agreed between Student and Coach, the Coachub system informs Coach that a 20.0% (twenty per cent only) commission will be deducted from the advertised value of the Coaching Request Transaction and actual amount Coach can expect to earn.
Upon placement of confirmation of Custom request by the student to the coach, Coaching Request Transaction value previously held by Coachub will be settled into Coachub’s bank account after deduction of processing charge by the payment processor, Stripe.
Coach contacts the user (Student) and Coach and Student mutually agree the particulars of the Transaction (which may include, but be not limited to date, time, place and duration) and what is expected to be delivered at Completion and Acceptance.
6. Coach will receive Payment for Completed Coaching Transactionupon Acceptance by Student/User looking for coaches, subject to the deductions hereinabove defined.
SCHEDULE D
CODE OF CONDUCT AND OPERATIONAL RULES
This CODE OF CONDUCT AND OPERATIONAL RULES (hereinafter the “Rules”) is to be read in accordance with the TERMS AND CONDITIONS OF USE (hereinafter “T&Cs”) for the Coachub app and website and is the suggested and preferred operating procedure for anyone wishing to operate as a Coach to provide Coaching Services through the app and/or website. Unless specifically stated otherwise words defined in the T&Cs have the same meaning and construction herein. In the context of these Rules the Coach to whom these Rules apply and must be followed is referred to as “you”, “You”, “your” or “Your”. By agreeing to the Rules you hereby agree that any wilful or negligent breach of them by you may result in the closure of your Coachub User Account in accordance with the operating policies of Coachub Pty Limited.
You hereby affirm that
IMPORTANT: TO USE COACHUB OR XLR8 PLUS SERVICES YOU WILL NEED TO READ THESE TERMS AND CONDITIONS CAREFULLY.
INTRODUCTION
The following are the Coachub and XLR8 PLUS Terms and Conditions of Use (hereinafter “T&Cs”) for the “Coachub” or "XLR8 PLUS" website (Coachub is also available on the iOS™ and Android™ operating systems as an internet-enabled mobile telephony device (“Smartphone”) available from the Apple™ App Store Google™ Play and any other authorized Android sales outlets). Coachub provides a peer-to-peer method and forum for contact and to arrange and schedule coaching between a natural or legal person in need of certain defined coaching services, a “User" or "Student" or "Player” (as hereinafter defined), and a natural or legal person willing and able to provide those services, a “Coach” (as hereinafter defined) owned and operated by Coachub Pty Ltd a company incorporated in New South Wales, Australia, (hereinafter “Coachub”) and constitute a binding contract between Coachub and the person who has downloaded, installed, used or viewed Coachub or XLR8 PLUS from the website or the Apple iOS or Google Play Android appstores, the “Client” or “Contractor” (as hereinafter defined) (hereinafter “you” or “You” or “your” or “Your”).
In keeping with the corporate aims of Coachub to enhance and make life more convenient through social cooperation, facilitated through the operation of the suite of apps and information technologies, owned and operated by Coachub, these T&Cs are to be read in accordance with the Privacy Policy of Coachub and in accordance with the data protection laws in the jurisdiction in which you reside, the provisions of which are implied and deemed incorporated into these T&Cs. You are advised to read the Privacy Policy in order that you can be made aware of your rights and obligations and those of Coachub thereunder. These T&Cs are placed on the app and website for the purposes of informing you of the terms and conditions under which you are required to behave. A copy of the T&Cs, as amended, is also made available to you and anyone wishing to use the app and/or website at the time of download, installation, use, viewing, and/or purchase. Download, installation, use, viewing and/or purchase is in strict accordance with these T&Cs, Privacy Policy, Software License Agreement, disclaimers, notices and any other legal documentation associated with Coachub contained, detailed or referenced herein, all as amended (collectively and where required referred to as the “Coachub Policy and Regulatory Documents”, a list of which can be found in clause 18. herein).
Coachub reserves the right to change these T&Cs or any other provision of the Coachub Policy and Regulatory Documents from time-to-time at its sole and exclusive discretion and without reference to you. Please refer to the app and/or website periodically for any changes. By continuing to access or use the app and/or website after Coachub makes any such changes, you agree to be bound by the revised T&Cs.
You hereby agree that you SHALL ACCEPT every provision of the T&Cs and Coachub Policy and Regulatory Documents as a precondition of download, installation, use, viewing and/or purchase of Coachub. Should you not wish to accept the Coachub Policy and Regulatory Documents and any other legal documentation associated with Coachub contained, detailed or referenced herein, as such a precondition you should not proceed to install and or use the app and/or website, and thereby no contract shall exist between you and Coachub. These T&Cs and Coachub Policy and Regulatory Documents are the definitive contract between you and Coachub governing your download, installation, use, viewing, and/or purchase of Coachub.
Should you repeatedly attempt to use the app and/or website without first accepting the Coachub Policy and Regulatory Documents and any other legal documentation associated with Coachub contained, detailed or referenced herein Coachub reserves the right, at its full, sole and absolute discretion to delete your User Account and in such an event you shall have no cause or absolutely no claim or absolutely no right to make a claim against Coachub.
In the context of these T&Cs reference to the system administrator may mean the Coachub system administrator or the nominated employee of Coachub and vice versa.
In the context of these T&Cs clause headings and words underlined or in bold type (other than defined terms in bold type) are included for convenience only and do not affect interpretation or applicability.
In the context of these T&Cs
“User” or "Client" or "Student" or "Users looking for coaching" shall mean a natural person of either gender or a legal person, having reached his or her majority, who accesses and uses the website or has downloaded, installed, purchased and/or uses the app for the purpose of requesting a “Coaching Service” (as hereinafter defined). The Client is an independent party and no joint venture, partnership, employment, or agency relationship exists between the Student and the Coach (as hereinafter defined) as a result of these T&Cs or Client’s download, installation purchase and/or utilization of the app and/or website;
“Coach” shall mean a natural person of either gender having reached their majority or legal person expressly named as the coach supplying the Coachibng Services (as hereinafter defined) on the website or on the app or the person to whom Student awards a request for provision of the Coaching Services (as hereinafter defined). The Coach is an independent party and no joint venture, partnership, employment, or agency relationship exists between the Coach and Student as a result of these T&Cs or Coach’s download, installation purchase and/or utilization of the app and/or website.
In the context of these T&CS
“Acceptance” means the point of time at which Student agrees to Payment to Coach for provision of the Coaching Services after Completion of the requested coaching transaction;
“Completed Transaction/Completion” are the Requests that have been fully performed and delivered to the Student, subject to the provisions of these T&Cs;
“Coaching Services” means any of the services defined herein, which Coachub provides an enabling platform Contractor to Offer for sale to Client, in strict accordance with these T&Cs;
“Coaching Offers” are exclusive proposals that a Coach can create in response to specific requirements of a Student. Coaching Offers are defined by Coach on the basis of the exact description of the Student, the suggested service fee and the time expected for Completion of the Coaching Service;
“Coaching Requests” are requests made by Student to receive a Coaching Offer from a Coach;
“Request(s)” means the formal agreement(s) agreed by and entered into between a Student and a Coach after an advertisement for a Coaching Service was placed on Students profile page;
In the context of these T&Cs “Registered Account User/Holder” means any person, natural or legal who has formally and officially registered an Coachub User Account as a Client, Student or Contractor.
For the purposes of the T&Cs, the term "Content" (subject to the provisions of clause 4. hereinafter) shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information. The term "post" shall mean to publish, provide, display, upload, or otherwise transmit.
Pursuant to the right of Coachub stated in clause hereinabove, at its sole and exclusive discretion, to update, amend or revise these T&Cs and/or any of the Coachub Policy and Regulatory Documents at any time, and the reserved right to issue new policies and provisions, which will automatically be incorporated into the Coachub Policy and Regulatory Documents, you are advised to refer to these T&Cs and/or the Coachub Policy and Regulatory Documents periodically for changes.
Coachub reserves the right, at its sole and exclusive discretion, to act as it sees fit in the event of any negligent or willful violation of any of the provisions of these T&Cs and/or the Coachub Policy and Regulatory Documents. Subject to the relevant provisions of these T&Cs and the Coachub Policy and Regulatory Documents, such action may include, but be not limited to
Pursuant to the below clause of registration. herein, closure of Registered User Account;
A fixed term prohibition on use of Coachub or the creation of a Registered User Account, which would include a prohibition on the downloading and installation Coachub on your computer or Smartphone;
A perpetual prohibition on use of Coachub or the creation of a Registered User Account, which would include a prohibition on the downloading and installation of Coachub on your computer or Smartphone;
The initiation of criminal proceedings against any Student or Coach whose violation of these T&Cs and/or the Coachub Policy and Regulatory Documents is deemed to be sufficiently serious;
The pursuit of a civil suit against any Student or Coach whose violation of these T&Cs and/or the Coachub Policy and Regulatory Documents is deemed to be sufficiently serious; or any other action that Coachub may, at its full, sole and absolute discretion, deem appropriate in the circumstances.
Registration, Eligibility and Account
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer coaching services from more than one Coachub account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
- You must be a registered member to make use of Coachub and access its services.
- When registering and activating Your account, You will provide us with personal information such as Your name and personal and qualification details, valid email address and financial details. You must ensure this information is accurate and current.
- Activation of Your account is subject to Coachub’s pre-engagement checks.
Customer and member services
Upon registration to coachub, you are registered as a member of Coachub either as a coach or a student/player looking for a coach. You can request to be de-registered as a member at anytime by contacting Coachub..If you choose to register as a Coach or a Coach Seeker (as defined in section 2, below) through our Services then You will become a “Member” of Coachub for the term of Your registration. This Agreement, together with the terms of your registration agreement will govern your relationship with us and your use of our Services during the term of your membership.
Members may use our Services to engage third-party providers to run criminal and other background checks, including third party sex offender searches and checks (collectively, “Background Checks”). Members must pay for Background Checks as indicated on the website. Coachub does not automatically run Background Checks on any Members. Coachub may use Your name, address, and other identifying information You provide to us to obtain Background Checks on You.
By becoming a User or a Registered Member, You are expressly acknowledging and agreeing that Background Checks pertaining to You may be obtained and disclosed to the requesting party under these Terms. You acknowledge, agree and expressly grant Coachub the right to verify Your representations and warranties, using Background Checks or otherwise, and to take any action Coachub deems appropriate in its sole discretion, including but not limited to terminating Your membership should Coachub determine, in its sole opinion, that You have violated any representation or warranty or any other provision of these Terms. If You refuse permission for a Background Check, Coachub reserves the right to refuse or to terminate Your Membership and participation in our Services without repayment of any fees already paid by You.
Furthermore, You expressly acknowledge and agree that Coachub may and is authorized to disclose the results of any Background Check, if You are a Coach, to any person that has obtained coaching services from You and, if You are a Coach Seeker, to any Coach who has been engaged by You. All Members are entitled to receive a copy of the results of any Background Check which is run on them. All Members are entitled to receive a copy of the results of any Background Check which is run on them from the applicable third-party provider. Members will have the option to seek to correct erroneous information by working directly with the applicable third-party provider. Negative results from a Background Check will be shared with the Member requesting the Background Check only in summary form. Because Background Checks are from third-party providers, Coachub cannot guarantee the accuracy of the Background Checks, and disclaims all esponsibility and liability for the results of said Background Checks. Coachub does not independently verify information in the Background Checks.
If You decide to use or access information provided by a third-party verification service offered through the website, You expressly agree, represent, and warrant that You will only use the information You obtain relating to another Member for the express purpose of determining whether to transact business with that person. You may not disclose and expressly represent and warrant that You will not disclose the Background Check information You obtain on another Member to any other person or entity.
Amendments to Terms and Conditions
The Terms and Conditions, including the Privacy Policy, are subject to change by Coachub at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on www.coachub.com and within the Coachub mobile apps. If we make changes, we will post them to you and will indicate the new effective date of the Terms. If we make material changes to the Terms, we will notify you here, by email, or through a notice on our home page. We encourage you to refer to the Terms and Conditions on an ongoing basis so that you understand our current Terms. Unless stated otherwise, Coachub's current Terms and Condigions and Privacy Policy applies to all information that we have about you and your account.
Terms of Service
The Services constitute a technology platform that enables users of Coachub's mobile applications or websites provided as of the Services (each an "Application") to connect and arrange and schedule coaching services with independent third party providers and independent third party coaching providers under agreement with Coachub or certain Coachub affiliates ("Third Party Providers"). Users that are looking for coaches may use the Services for themselves or to arrange coaching for children less than eighteen (18) years of age (“Minors”). The Service provides a place for Coaches to list their services and experience, and for users looking for coaches to review and communicate with the Coaches for a potential match and availablity. Coachub does any liability or responsiblity in the interaction between users looking for coaches(and Minors, as applicable) and Coaches except to provide this service for matching and to collect payments on the behalf of Coaches and Users matched through our Services.
Users and Members of Coachub represent, understand and expressly agree that Coachub does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the coaching services actually delivered by any Coach, nor of the integrity, responsibility or any of the actions whatsoever of the users and members using coaches(and Minors, as applicable). Coachub makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Coaches or Users and members looking for coaches(and Minor, as applicable) whether in public, private or offline interactions, or arranged through our Services. Coachub is not responsible for the conduct, whether online or offline, of any User of this service or any User or Member of the Service.
Coachub does not assume any responsibility for the accuracy or reliability of any information provided through this service or our Services, or by Coaches or Users looking and engaging with coaches who also use our Services. Coachub does not assume and expressly disclaims any and all liability that may result from the use of any information provided through this service or through Coaches or users looking for coaches listed with our platforms on mobile and web.
All Users, Coaches and Members, including both Coaches and Users looking for coaches (and Minor, as applicable) do hereby expressly agree not to hold Coachub (or Coachub’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent Coaches, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Coachub electronic platforms and Coachub and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this service, the information provided through this website and the services provided by or to any User of this service.
Coachub Services
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or anyone under the age of eighteen (18). This service is currently available only to Australian citizens and/or any individuals who are legally in the jurisdiction of Australia and, with respect to Coaches, those that may legally work within Australia. By registering as a Member and/or using the website or our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). If You are a looking for a coach using Coachub Services to arrange coaching for Minors, You represent and warrant that You are the parent or legal guardian of each Minor, or that You have the permission of the parent or legal guardian of all Minors who will participate in any coaching arranged through our Coachub Services.
You represent and warrant that You (a) have never been the subject of a complaint, restraining Coaching Request Transaction or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Members.
Users looking for coaches may user the services of a Coach through the use of the applications and platforms. In the event that a registered user and a Coach agree on the provision of services such agreement is solely between the user and the Coach except as otherwise described in this Agreement. Coachub is not a party to any agreement between Coaches and Registered users engaging coaching services. Any issues concerning the services received by the user looking for coaching (and Minors, as applicable) or payment due to the Coach (except to the extent that such issue relates to the Services or Coachub’s role as a payment conduit) must be resolved directly by the Registered User and the Coach.
Coach Services
Subject to the condition that Coachub, as the owner and operator of Coachub, and all Registered users and coaches are fully independent contracting parties, and any of the Coaching Services Offered by a Coach and Accepted by the users looking for coaches, are Offered for engagement and Accepted, independently from and to the full exclusion of Coachub provides an enabling platform for Coach to Offer Coaching Services to Student/User looking for coaches. For the avoidance of doubt, Coaching Services must be in full accordance and compliance with the provisions of these T&Cs and all other provisions of the Coachub and Regulatory Documents and must be services listed hereinafter that can be tendered for legally; and form the basis of a contract for services that can be Accepted by a Registered User as Student/User looking for coaches in the Australia;
For the further avoidance of doubt the services, which constitute SCHEDULE B hereinafter, are specifically excluded from being Offered and any attempt to Offer such services or to Request them is strictly prohibited and will result in action being taken against any Coach Offering such Coaching Services or any Student attempting to Request such services by Coachub, at its full sole and exclusive discretion. Furthermore, Coachub hereby disclaims absolutely any and all liability for the outcome of any such Coaching Services Offered and provided in contravention of this disclaimer. Absolutely nothing contained herein operates to usurp this immunity. Furthermore, Coachub hereby declares that Coachub is not responsible for verifying the veracity of claims made by any Registered Account User as Coach to the educational or professional qualifications they possess, their membership of any professional, public and/or regulatory bodies or their current or continuing standing in any such professional, public and/or regulatory bodies; and shall not be held liable for any such claims which may be proven to be unlawful, deceptive, misleading, fraudulent or tortious.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
If You are a Coach, it is Your responsibility to obtain workers’ compensation insurance for any injuries You may suffer in the course of the provision of services to Students and Users looking for coaches. In no event may a Coach seek coverage under Coachub’s workers’ compensation policy. You acknowledge that any insurance coverage provided by Coachub is in excess over any personal insurance policies you have that may apply and that you are responsible for payment of any deductible associated with such Coachub provided policy coverage. In addition, as a Coach, it is Your responsibility to provide facilities in or at which to provide coaching services (the “Facilities”). You represent and warrant that: (a) the Facilities will be safe and appropriate for the type of coaching provided, and (b) You have appropriate permission from the owner of the Facilities to conduct such activities at the Facilities.
Overview of Coaching Request Transaction Process
Subject to the provisions of clause for payments. herein and any instructions that are provided at the time the Coaching Request is placed, Coaching Services are offered by the Coach at a price at the full, sole and exclusive discretion of Coach and to the full exclusion of Coachub. Any price suggested by Coach or Student for Coaching Services, is subject to negotiation between Student/User looking for coaches and Coach, on their own behalf and for their own benefit, as fully competent contracting parties independent of Coachub;
Pursuant to the provisions of clause for Payments below. herein, payment for Coaching Services is effected by a one-time only, non-recurring payment.
Student/User looking for coaches defines the Coaching request in a description; and title and an approximate date and time for Coaching; and posts the advertised for Service on Student/User looking for coaches’s public profile advertising board for Coaching Requests from a range of Coaches. Student/User looking for coaches selects the favoured Coaching Offer on the basis of the most reasonable price quoted; or
Student/User looking for coaches defines the Coaching Services in a description and title, providing an approximate date and time for Completion and posts the advertised for Services on Student/User looking for coaches’s public profile advertising board, selecting the first Coaching Offer received.
Only Registered Coaches are permitted to offer Coaching Services to other Registered Account Holders as Student/User looking for coaches.
Coaches are hereby obliged to fulfill their requests in accordance with the provisions of these T&Cs and at law, and, pursuant to the provisions of clause 2.3 herein, may not cancel accepted requests on a regular basis or without cause.
Coach provides Coaching Services without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose, which are expressly and absolutely disclaimed by these T&Cs. Cancelling Coaching Request Transactions may affect Coach’s reputation and Ranking and may lead to action being taken against Coach by Coachub, at its full, sole and exclusive discretion, in accordance with provisions of these T&Cs.
Student/User looking for coachess shall not make nor Coaches accept payments using any method other than by means defined in clause for payments herein.
Student/User looking for coaches are granted all rights for the Accepted and Completed Coaching transaction unless otherwise specified by Coach at the time Coaching Services are negotiated.
It is the sole and exclusive responsibility of Coach to determine the Licensing and Ownership of Coaching Services and to make this clear to Student/User looking for coaches prior to Acceptance. Coachub hereby disclaims absolutely and to the fullest extent of the law any liability for the failure of Coach to determine the Licensing and Ownership of Coaching Services and for communicating such to Student/User looking for coaches.
Coach Providing Coaching Services
Student/User looking for coachess may request a specific Coach Service from any Coach, but any request for Coaching Services shall be for a Coach Service that can only be provided in accordance with the provisions of these T&Cs and the Coachub Policy and Regulatory Documents. It is at the sole and exclusive initiative and discretion of Coach to Offer Coaching Services and to enter into negotiations with a prospective Student/User looking for coaches and to further Offer to provide Coaching Services. Coach may refuse to provide Coaching Services to any prospective Student/User looking for coaches at their full, sole and exclusive discretion, without cause, without notice and without liability. Student/User looking for coaches may reject any Offer of Coaching Services, without cause, without notice and without liability.
Crediting of payment;
- Redemption of payment for Completed Coaching Transactions is in accordance with the relevant provisions of clause for Payments and SCHEDULE C hereinafter;
- Each Completed Coaching Transaction credits your Registered User Account in accordance with the values defined clause for Payments. and SCHEDULE C hereinafter.
A Coaching Offer for Coaching Services Offered by Coach may have an appropriate Coaching Services-related image attached along with it. Any image shall be in full compliance with the provisions of these T&Cs and the provisions of the Coachub Policy and Regulatory Documents. Failure to abide by this provision may result in deletion of the image and/or other action by the Coachub system administrator;
Coaching Services Offered by Coach may have an appropriate Coaching Services-related video attached along with it. Any video shall be in full compliance with the provisions of these T&Cs and the provisions of the Coachub Policy and Regulatory Documents. Failure to abide by this provision may result in deletion of the image and/or other action by the Coachub system administrator.
Registered Account Holder as Student/User looking for coaches
Payment for Coaching Services is in accordance with the provisions of this clause, and clause for payments herein and any instructions provided at the time of coaching request placement. Redemption of payment for Completed Coach Service Transactions by Coach is in accordance with the relevant provisions of clause 8. herein. Student/User looking for coaches may request a specific Coach Service from any Coach, which addresses specific Student/User looking for coaches requirements, and receive a Coaching Offer from Coach, but any request for Coaching Services shall be for Coaching Services that can only be provided in accordance with the provisions of these T&Cs, with specific reference being had to the provisions of clause coach services and clause for payments. herein, and the Coachub Policy and Regulatory Documents. It is the sole and exclusive discretion of Coach to Offer Coaching Services and to enter into negotiations with a prospective Student/User looking for coaches and to further Offer to provide Coaching Services. Coach may refuse to provide Coaching Services to any prospective Student/User looking for coaches at their full, sole and exclusive discretion, without cause, without notice and without liability.
Payment for Coaching Services shall only be made through the app and website itself and in accordance with the provisions of clause payments. herein. You shall not make payment by any other means. In the event that you attempt to make payment by any other means or you do so and it is brought to the attention of Coachub that you have acted mala fides, Coachub may consider such action a violation of these T&Cs and/or the Coachub Policy and Regulatory Documents and reserves the right to take any action it sees fit, at its sole and exclusive discretion, without liability to you, in accordance with these T&Cs and the Coachub Policy and Regulatory Documents.
Coaching Request Process
For a step-by-step guide to the Coaching Request Process, please refer to SCHEDULE C hereinafter.
Upon Completion of an Coaching Request Transaction
Subject to the Coaching Request Transaction being Completed in accordance with the provisions of this clause and agreed between Coach and Student/User looking for coaches at Acceptance, without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose being made by Coach, Coaching Request Transactions cannot be cancelled, and payment refunded, once payment has been made by Student/User looking for coaches and credited to Coach’s account, for any cause or on any grounds;
Coach is solely responsible for the Completion of Coaching Services. In accordance with the provisions of clauses for payment herein and SCHEDULE C, Student/User looking for coaches and Coach are the owners of their respective User Generated Content, subject to the licenses granted to Coachub. Coachub hereby disclaims absolutely any liability for the content and quality of any Coaching Services Completed Coaching Transaction;
Coach is required to provide the Completed Coaching Service to Student/User looking for coaches at the time specified when Coaching Request Transaction was placed. Coach must send confirmation and/or proof of work in accordance with the provisions of clause 6. hereinafter to mark the Coaching Request Transaction as Completed;
In the event that Coach Service provided is a virtual service, Coach is solely responsible for scanning all transmitted files for viruses and malware. Coachub hereby disclaims absolutely any liability for any negative outcome, which may include, but be not limited to, operating system damage, corruption or failure, or hardware damage or failure that may result from use of User Generated Content or files transmitted.
For any income generated by Coach from provision of Coaching Services, Coach shall be solely and personally liable for self-assessment and self-declaration of taxation and statutory contributions on any income so generated and received. Coachub hereby disclaims any legal or moral duty for assessment or declaration of any personal tax liabilities for which Coach may be liable.
Your Account
Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
You are responsible for providing accurate, current and complete information in connection with Your registration and use of the website and the Services. Coachub is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users. As part of the Services, Coachub allows You to post information about Yourself to our website. You are solely responsible for any information, content, messages, photos, videos, reviews or profiles (collectively, “Content”) that You publish or display (hereinafter, “post”) on the website, or transmit to other Users. You will not post, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to Coachub or to any other User. You understand and agree that Coachub may review and delete any Content, in each case in whole or in part, that in the sole judgment of Coachub violates this Agreement or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Content to any public or Member area of the website You represent and warrant that You have the right to grant, and You do grant to Coachub, together with its Affiliates and its and their licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of Your Content by Coachub will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or Content made available on the website or through the Service, but not directly by Coachub, are those of their respective authors. Such authors are solely responsible for such Content. Coachub does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the Service. Under no circumstances will Coachub or its Affiliates be responsible for any loss or damage resulting from: i) Your reliance on information or other content posted on the website or transmitted to or by any user of the website or Service; or ii) reviews or comments made about You on the website by other users.
Coachub will only use the information You provide on the website in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
Links from the website to external sites (including external sites that are framed by Coachub) or inclusion of advertisements do not constitute an endorsement by Coachub of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Coachub does not control such sites, and is not responsible for their content. Just because Coachub has hyperlinks to such sites does not mean that Coachub endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Coachub’s Terms and Privacy Policy. Coachub expressly disclaims any liability derived from the use and/or viewing of links that may appear on this website. All users hereby agree to hold Coachub harmless from any liability that may result from the use of links that may appear on the website.
Coachub takes Children’s privacy very seriously. Registering on Coachub is intended for people 18 or over. While many end-users of coaching arranged through Coachub’s Service (i.e., the people who actually take the coaching session, the Minor Athletes) will be children under the age of 18, their parents or guardians will be the only valid registered users on Coachub. Coachub will not knowingly collect any information from children under 13. You must identify Your age during the registration process. That being said, we do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using this website.
The website and our Services may not be used by any person or organization to recruit, solicit, or contact Coach Seekers or Coaches for employment or contracting for a business not affiliated with Coachub without the express prior written permission of Coachub. You may not copy the contents of our website, including but not limited to any of the records or profiles of our Users or Members, and you are prohibited from using any technology, method or scheme to scrape, crawl, reproduce, cache or mirror all or any portion of the contents of our website, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of our website. Should Coachub find that You violated the terms of this paragraph or any terms stated herein, Coachub reserves the right, at its sole discretion, to immediately terminate Your use of the website, Your membership and our Services, and/or assess a $10,000 daily fee for scraping, copying, caching or reproducing either in a manual or automatic manner, Coach, Coach Seeker, or Minor Athlete information, including but not limited to, names, addresses, phone numbers, or email addresses, copying text, or otherwise misusing or misappropriating website content.
Although Coachub cannot monitor the conduct of its Users off the website, it is also a violation of these Terms to use any information obtained from the website or the Services in Coaching Request Transaction to harass, abuse, or harm another person, or in Coaching Request Transaction to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. In Coaching Request Transaction to protect our Users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and terminating Your Membership, with or without notice. Following any termination of any Member’s use of the website and/or Services, Coachub reserves the right to send a notice thereof to other Members with whom You have corresponded advising them of Your termination from the Services.
Notwithstanding anything to the contrary in this Agreement, Coachub may terminate any Membership, or block access to the website and the Services, for any reason or no reason whatsoever, with or without notice, at any time. In case of termination by Coachub, a refund for prepaid Services will be provided only in cases where such termination was not in connection with a Member’s violation of this Agreement. Coach Seekers are obligated to pay for the Services provided through this website, unless specifically notified otherwise.
Students/Players or Coach Seekers that sign up for our Services agree to pay Coachub all charges at the prices then in effect for any use of the Services. During registration, Coach Seekers will be asked to provide payment provider details and to authorize charges to such providers for selected Services. Ordinarily, a Coach Seeker will be required to submit payment for coaching services in advance (“Session Rights”). Session Rights (whether paid in advance or otherwise provided by Coachub) are to be used within one year of initial purchase or issuance. Coachub will encourage you to use your unused Session Rights through repeated email reminders.
Coachub reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
Term of these Terms and Conditions
These T&Cs shall be effective as of the Effective Date, which date shall mean the date on which you download, install and/or purchase Coachub from the App Store or Google Play or website and install it on your computer or Smartphone, regardless of whether you create a User Account, and remain in full force and effect until terminated. Coachub, at its full, sole and exclusive discretion, reserves the right to terminate these T&Cs forthwith or on a specified date, for any period of time, for any reason, with or without cause. These T&Cs may be terminated by an email from you to Coachub, within a specified notice period in accordance with the relevant provisions of this clause, or by an email from Coachub to you, or by the deactivation of your Registered User Account or username by the system administrator of Coachub.
All rights granted by you to Coachub during the Term of these T&Cs shall survive the termination of these T&Cs by you or Coachub.
Termination Provisions
Coachub reserves the right, at its sole and exclusive discretion, to terminate your access to all or part of the app and/or website, with or without notice, for any reason, including, without limitation, in the event that Coachub believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs or any provision of the Coachub Policy and Regulatory Documents.
Failure to Complete Coaching Requests pursuant to the provisions of coahing services clause herein on 3 (three) consecutive occasions may result in the termination of Coaches’s access to the app and/or website or the termination of these T&Cs, at the sole and exclusive discretion of Coachub; or any other action at the full, sole and exclusive discretion of Coachub as per the rights reserved in clause of your account herein.
Upon termination of the T&Cs and subject to the provisions of clauses Coach Services, Payments and SCHEDULE C hereinafter, in the event that the T&Cs are terminated without Completion and Acceptance of any Coaching Requests by Coaches Coaches will not be entitled to a monetary refund of any kind.
Upon termination of the T&Cs and subject to the provisions of clauses Coach Services, Payments and SCHEDULE C hereinafter, in the event that the T&Cs are terminated by Student without the placement of any Request for Coaching Services, Students will not be entitled to a monetary refund of any kind.
In the event that a Registered User (as Coach or Student) terminates these T&Cs for alleged cause, negligent or willful fault on the part of Coachub, Coachub may at its full, sole and absolute discretion act in accordance with the provisions of clause INDEMNITY, DISCLAIMER. LIMITATION AND EXCLUSION OF LIABILITY hereinafter. In the event that you accept such an offer you hereby irrevocably agree to waive any rights you may have at law or in equity to initiate further action against Coachub and that you will have no other cause in this event.
In the event that the Coach fails to Complete Coaching Requests pursuant to the provisions of clauses Coaching services and payments and SCHEDULE C hereinafter, on 3 (three) consecutive occasions, Coaches access to the app and/or website may be terminated or these T&Cs terminated, at the sole and exclusive discretion of Coachub; or any other action at the full, sole and exclusive discretion of Coachub, as per the rights reserved in clause 1.4 of these T&Cs. In the event the T&Cs are terminated, you shall be entitled to redeem ONLY the monetary value of your earnings up to the actual date of termination of the T&Cs, after which your Registered User Account will be deactivated and your right to redeem your earnings revoked.
In the event that these T&Cs are terminated by Coachub because of a material breach of them or of any provision of the Coachub Policy and Regulatory Documents by Coach, you shall be entitled ONLY to redeem the monetary value of your earnings up to the actual date of termination of the T&Cs, after which your Registered User Account will be deactivated and your right to redeem the monetary value of your earnings revoked.
You hereby acknowledge fully and irrevocably that Coachub shall not be liable to you or any third party for any termination of your access to the app and/or website, the closure of your Registered User Account or the termination of the T&Cs.
In the event that these T&Cs are terminated, those provisions that are intended to survive termination shall survive and shall remain in full force and effect.
Requesting or Accepting Coaching Services Not Arranged Through Coachub
Users/Students/Players/Minors and Coaches agree and acknowledge that in cases where the parties have initially been introduced and/or transacted for coaching through the Service, it is an express violation of these Terms for either party to offer or accept the provision of coaching services between the parties without arranging such coaching services through the Service.
If you as a coach offer coaching services, the first and all future bookings with Coachub users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services. Verification of such an arrangement may result in the immediate suspension from our Services. Any funds remaining as a balance of the users or coaches account will also be suspended until the matter is resolved between all parties.
Content
User Generated Content ("UGC") refers to the Content added by both Registered Users and non-registered Users and third party advertisers as opposed to content created by Coachub. All Content uploaded to Coachub, by a Student/User looking for coaches, Coach orany Registered User, non-registered User, Third Party Service Advertiser (as hereinafter defined) or any third party is User Generated Content. Before uploading Content, all Registered Users undertake, in accordance with the provisions of "Licence" clause . hereinafter that they possess all the necessary legal rights, permissions, prerogatives and/or licenses to upload Content and provide, sell or resell Coaching Services. You understand and agree that the Content displayed on Coachub is posted by third parties independent in their entirety from Coachub and that despite the reasonable commercial endeavours of the Coachub system administrator Content may be published on the app and/or website that certain persons may find objectionable, before the Coachub system administrator has acted to remove the offending Content or has issued a warning or Coaching Request Transaction to the Registered Users, Third Party Service Advertiser or non-registered User at fault to remove the User Generated Content. In such an event Coachub shall not be liable or responsible for User Generated Content posted by third parties and hereby denies and disclaims absolutely any liability for such User Generated Content.
Despite the policies and reasonable commercial endeavours of Coachub to monitor and control the User Generated Content placed on the app and/or website by any third party, such reasonable endeavours are not subject to obligation or warranty and Coachub hereby claims FULL immunity from liability and for User Generated Content posted by third parties and nothing in these T&Cs is intended to waive, remove, or usurp such immunity.
You understand and hereby agree that Coachub may delete any User Generated Content that in the sole and exclusive judgment of Coachub violates these T&Cs or any provision of the Coachub Policy and Regulatory Documents or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Coachub, its employees, associates or affiliates. Coachub is not responsible for and shall not be held liable for any failure or delay to remove such User Generated Content.
Coachub may display images from, or otherwise link you, to other apps or websites on the Internet. These apps and or websites may contain information or material that some people may find inappropriate or offensive. Such apps or websites are not under the control of Coachub, and you acknowledge that Coachub is not responsible for and shall not be liable for the accuracy, copyright or any other intellectual property right compliance, legality, decency, or any other aspect of the content of such apps or websites. The inclusion of such a link does not imply endorsement of the app or website by Coachub or any association with its employees or other users. You are solely responsible for the User Generated Content that you post on Coachub or otherwise transmit to other Coachub Registered Users, non-registered User or third parties.
Pursuant to the above provisions, hereinafter, Coachub reserves the right, at its full and exclusive discretion to use all Accepted, published and Completed Coachub transactions for its marketing and promotion purposes. For the avoidance of doubt, Coaching Services Transacted through Coachub are subject to the provisions of this clause.
TRANSACTIONS, PAYMENT PROCESSING AND COACHUB REFERRAL SYSTEM
THE PROVISIONS OF THIS CLAUSE ARE TO BE READ IN ACCORDANCE WITH THE PROVISIONS OF SCHEDULE C ATTACHED HEREWITH
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Coaching Request Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Request may be suspended or cancelled. You must resolve any problem we encounter in Coaching Request Transaction to proceed with your request. In the event you want to change or update payment information associated with your Coachub account, you can do so at any time by logging into your account and editing your payment information.
Initial payment for Coaching Services is by personal credit card processed through Stripe or Paypal, as the means of Requesting Coaching Services. When you click “Make Payment” you will see the name of one of Coachub’s trusted payment processors, Stripe or PayPal, that can accept and process your credit card payment. In this way, Coachub does not have access to your personal credit card details and your personal details are subject to the security policies and systems employed by Stripe and you are advised to make yourself familiar with the processing system employed by Stripe at https://www.stripe.com
Payment may also be made through PayPal, in which case your personal information is subject to the security policies and systems employed by PayPal and you are advised to make yourself familiar with the processing system used by PayPal at https://www.paypal.com/send-payments-online
You are hereby advised that these are the only methods of payment currently available for Coachub. You are also advised, in accordance with the general principles of these T&Cs, that other payment methods may be made available in the future, and you should read the T&Cs periodically for the methods that may then be available.
Coachub may be downloaded and installed completely free-of-charge. You will only be charged when you choose to make payment for a Coaching Service Request. Any Coaching Service Request is a unique one-time only charge, meaning you will never be charged again for the same Coaching Service on a particular date. Coachub does NOT use recurring charges for credit card payment, or use other deceptive billing practices.
In rare cases, when a credit card payment is declined, you may still see a pending charge on your credit card balance for several days. This pending charge will be deleted 7-10 (seven to ten) business days after the transaction and you will not be charged anything since the purchase was rejected. This unusual situation may arise when your credit card issuing bank approves the transaction but the payment processor still denies the transaction because, for example, the address you entered did not match the billing address or your secure identifier number was incorrect. In this case, the credit card issuer puts a hold on the funds for up to 7-10 (seven to ten) business days, but since the payment processor rejected the transaction, the funds will not be withdrawn.
In a small number of cases, a payment may be credited to your credit card statement as having been made on a different date, usually several days after you actually made the purchase. This can happen for a number of reasons, including but not limited to there being a public holiday, it being a weekend, and differences in time zones across countries. It may seem as if you were double-charged or otherwise over-billed when you see more transactions on a given date than you made, but this is most likely a transaction from a previous day. Coachub cannot double-charge you for a single purchase.
The price charged for every Coaching Service Request is clearly posted and Coachub shall never charge you any additional costs or fees. However, in very rare cases, the amount charged to your credit card statement may be higher than the posted price. This may be so because some credit cards charge various additional transaction fees, which produce a higher transaction amount. You also acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
If you are outside of Australia and your payment processor is Stripe, Stripe may add a surcharge for the currency conversion. All Coaching Request Transaction prices are converted to and set in Australian Dollars. If your payment processor is PayPal, and you are outside the Australia, PayPal may add a surcharge for the foreign currency conversion. The payment processor, Stripe or PayPal, will process the payment in accordance with it own practices, policies and procedures. Please refer to https://www.stripe.com or https://www.paypal.com/send-payments-online for your reference and information. In accordance with the principles of these T&Cs, the processing of your payment is conducted by an entity wholly separate from and independent of Coachub and Coachub hereby disclaims absolutely ANY AND ALL LIABILITY whether, direct, indirect, vicarious or otherwise for the processing of your payment.
In the event that you attempt to make a make payment for a request and your credit card is rejected, Coachub will not be supplied with information as to why it was rejected. In such an event you are responsible for contacting your credit card issuing bank and asking why the charge was rejected? Or you may use a different credit card.
Refunds
Should you contact the payment processor or credit card issuing bank directly for a refund of any Coaching Request, Coachub’s operating system will automatically assume that the charge was unauthorized and you will therefore be blacklisted permanently from creating a Registered User Account. Any request for a refund can and shall only be made directly to Coachub; and
Any request for a refund of an Incomplete Coaching Request, upon termination of the T&Cs, should be made in accordance with the instructions issued to you with the app or on the website at time of purchase, which can be found in the admin panel of your Coachub's Registered User Account.
Coaches are hereby obliged to fulfill their Requests in accordance with the provisions of these T&Cs and at law, and, pursuant to the provisions of the termination clause herein, may not cancel Requests on a regular basis or without cause. If Coach is unable to Complete Coaching Requests on 3 (three) consecutive occasions, Coachub may, at its full, sole and exclusive discretion choose to withhold the Coaches accounts and monies within.
Subject to the provisions of clause on Coach Services, Coaches provides Coaching Services without the provision of any guarantee or warranty as to quality, functionality or fitness for a particular purpose, which are expressly and absolutely disclaimed by these T&Cs, therefore REFUNDS ARE NOT AVAILABLE FOR ANY COMPLETED AND ACCEPTED COACHING SERVICE. A refund will only be available to Student in the event that Coaching Service is not Completed and Accepted by Student within 30 (thirty) calendar days of the Completion Date stated in the Request;
In accordance with Coachub policy, any monetary refund to which Student may be entitled to on the grounds of an Incomplete Coaching Service, or refund of any purchase will be made at the end of the calendar month following that in which the Request was placed or in which the purchase was made. Any refunds are also subject to the terms and conditions of your credit card and/or credit card issuing bank;
In the event that Student has not placed a request for a Coaching request during the Term of these T&Cs or they expire without Student having made a purchase during the Term, Student shall not be entitled to a monetary refund of any kind.
Redemption of Earnings by Coach
Subject to the provisions of clauses of termination and coach services of these T&Cs, redemption of monetary value earned by Coach from Payment by Student for Acceptance of Completed Coaching Services can be effected by contacting the Coachub system administrator through the app or the website at www.coachub.com. Coach may redeem monetary value of earnings by Electronic Fund Transfer (“EFT”), often called “wiring”. In Coaching Request Transaction to redeem your earnings by means of EFT you should provide the following information to the Coachub system administrator: 1) the name of your bank; 2) the address of your bank; 3) your bank’s SWIFT code; 4) the name of the beneficiary account (that is the name of the account holder you wish to make payment to, this must be the name registered as the account holder with the bank); and 5) the beneficiary account number; and
Coach shall be solely and personally liable for self-assessment and self-declaration of taxation and statutory contributions on any income generated from provision of Completed and Accepted Coaching Services, or from Referral(s). Coachub hereby disclaims any legal or moral duty for the assessment or declaration of any personal tax liabilities for which Coach may be liable.
Licence
Pursuant to the above provisions of content. hereinabove, by posting User Generated Content on Coachub, you automatically grant, and represent and warrant that you have the right to grant to Caochub and users of Coachub for use at their full, sole and absolute discretion and without further acknowledgement or reference to you, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and User Generated Content and to prepare derivative works of, or incorporate into other works and other media, such information and User Generated Content, and to grant and authorize sublicenses of the foregoing. For the avoidance of doubt, Coaching services created on Coachub are User Generated Content and are subject to the provisions of this clause. Should you wish to revoke this license or limit its term or amend the conditions under which it operates, you should contact the Coachub. Coachub will consider any such request on a commercially reasonable basis, but is under no legal or moral duty to accede to any such request; however Coachub hereby gives notice that any revocation of this license, limitation of its term or amendment of any of the other provisions under which it is granted and operates applies only to the license granted hereunder to Coachub and not to that of any other Coachub users, User or any other third party; and that in such an event you are solely responsible for the revocation, limitation of term or amendment of the license granted hereunder to any other Coachub users, User or other third party and for any subsequent enforcement action. Furthermore, Coachub hereby disclaims IN FULL ANY AND ALL liability that may arise in such an event on any recognizable ground or cause of action.
Insurance
Notwithstanding, and without limiting, the foregoing disclaimers of liability, Coachub may purchase one or more insurance policies (“Insurance”) which may provide defence or indemnity in case of property damage or personal injury incurred in connection with the Services. While Coachub makes such Insurance available, we cannot guarantee that the Insurance will cover any particular injury or loss, or that the amount of Insurance will be adequate, or available at all, in any particular case.
Limitation of Liability
Coachub and the other Parties involved will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits or expenses, to the fullest extent permitted by the applicable law, even if Coachub or the other involved Parties have been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose.
The total liability of Coachub and the other involved Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Coachub or the other involved Parties.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on this service is for informational purposes only and is not intended to replace or substitute for any professional advice, financial, medical, legal, or other advice. Coachub makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
Indemnification
You will defend, indemnify and hold harmless Coachub, its independent Coaches, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “Coachub Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
Disclaimers
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Coachub does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Coachub attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
COACHUB DOES NOT:
(i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE AND SERVICES, OR
(ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY THROUGH OR PUBLISHED ON OUR WEBSITE OR THROUGH OUR SERVICES. UNDER NO CIRCUMSTANCES WILL COACHUB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE, OUR SERVICES, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS WEBSITE AND THROUGH OUR SERVICES, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE.” COACHUB DOES NOT ARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIALS, NOR THE SERVICES PROVIDED BY ANY COACH AND COACHUB EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OR RELATING TO OUR SERVICES. FURTHERMORE, COACHUB DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COACHUB DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COACHUB MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER, USER, OR ANY THIRD PARTY AFFILIATED WITH OR WHOSE SERVICES ARE OFFERED THROUGH OUR WEBSITE, TO PROVIDE SERVICES AS A COACH OR TO SECURE THE SERVICES OF A COACH, OR TO VERIFY THE CREDENTIALS AND BACKGROUND OF ANY COACH.
Assumption of Risk
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
You assume all risk when engaging the services of any other User or Member (including any Coach or Student and in connection with using the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Members and any risks associated with obtaining services from any Coach or providing any services to any Student/Users looking for coaches (and Minors, as applicable), including all risks of physical or emotional injury or harm resulting in any way or arising out of coaching services or Student/User looking for coachess obtained through our Services. You agree to take all necessary precautions, including but not limited to any recommendations set forth by Coachub, when interacting with others coaches and users of this service.
Gifts Certificates
You have the ability to purchase gift certificates through our Services that may be redeemed for coaching services. When you purchase a gift certificate, we will send an email to the recipient that can be used to redeem the gift certificate. The recipient will be required to create a Coachub account in Coaching Request Transaction to access our Services and redeem the gift certificate. Gifts certificates are not refundable or redeemable for cash, unless otherwise required by applicable law. However, gifts certificates do not expire, and any unused balance will be placed in the recipient’s Coachub account. If the recipient’s purchase exceeds the amount of the gift certificate, the balance must be paid with a credit card, paypal or other available payment method.
General
You may not assign or transfer these Terms in whole or in part without Coachub’s prior written approval. You give your approval to Coachub for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Coachub’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Coachub or any Third Party Provider as a result of the contract between you and Coachub or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Copyright Claims
To file a copyright infringement notification with us, you (the "Complaining Party") will need to send a written communication that includes substantially the following (please consult your legal counsel to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Agreement
By agreeing to the terms of this Agreement, Users of the website, including Members agree to indemnify, defend and hold harmless Coachub and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs (whether incurred by Coachub or its Affiliates) in connection with any claim arising out of (i) materials and content You submit, post or transmit through the website, (ii) use of the website by You in violation of these Terms or in violation of any applicable law, and, without limiting the foregoing (iii) use, reliance upon, or disclosure of Background Checks. Users further agree that they will cooperate as reasonably required in the defense of such claims. Coachub and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Coachub Users further agree to hold harmless Coachub and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the website.
SCHEDULE A
The following are the Coaching Services a Coach may Offer or provide for Coaching Request Transaction in Australia:
- Football (All codes)
- Rugby (All Codes)
- AFL (Australian Rules)
- Cricket
- Swimming
- Basketball
- Netball
- Tuition in Maths, English, Any Languages, Science topics and any school subject taught in primary and schools and universities.
- Dance (All Dance genre and types)
- Personal improvement
- Gymnastics
- Weight Loss
- Any advertisements, operating through a link to a third party app or website, permitted by Coachub displaying services offered by third party service providers or product merchants.
SCHEDULE B
PURSUANT TO CLAUSE ON COACHING TRANSACTIONS. the following services are specifically excluded from being Offered as Coaching Services and any attempt to Offer such services or to Request them is strictly prohibited and will result in action being taken against any Coach offering such services or any Student attempting to Coaching Request Transaction such services by Coachub, at its full sole and exclusive discretion. Furthermore, Coachub hereby disclaims absolutely any and all liability for the outcome of any such services offered and provided in contravention of this disclaimer. Absolutely nothing contained herein operates to usurp this immunity. Coachub hereby declares that Coachub is not responsible for verifying the veracity of claims made by any Coach to the educational or professional qualifications they possess, subject to the provisions of clause Coaching Services and the performance of the Coaching Services and shall not be held liable for any such claims which may be proven to be unlawful, deceptive, misleading, fraudulent or tortious and operates to usurp this immunity;
1) professional legal advice and/or legal services;
2) professional accounting/actuarial advice and/or services;
3) professional medical advice and/or services;
4) advice and/or services in any field allied to medicine, dentistry, optometry, alternative medicine, homeopathy, or Traditional Chinese Medicine;
5) professional financial and/or banking advice and/or services;
6) professional investment advice and/or services;
7) professional asset management advice and/or services;
8) real estate investment, sale or purchase, letting or sub-letting or management advice and/or services;
9) any services that Coachub, at its sole and exclusive discretion, adjudges from time to time not to provide, to make available for request, to supported, make available to, through or by the Software or to discontinue offering or allowing a Coach to offer. Coachub hereby disclaims any and all liability for any decision to discontinue offering of any previously offered Coaching Service.
SCHEDULE C
The transaction process for coaching services is as follows:
Overview
Upon confirmation of the Coaching Offer or Coaching Transaction, Coach and User looking for coaching will receive confirmation and details of the Transaction;
Student/User looking for coaches is then is redirected to a free, private conversation with Coach and is sent a notification including Coaching Service Transaction and is able to enter the free conversation to finalise the Coaching Transaction to Acceptance; and
Once the Coach has provided the service and Completed the coaching, subject to the provisions of clause Coaching Services herein, The user who has received the coaching services clicks the “Complete” button in the transaction record, ending the free conversation, and transaction is deemed Accepted and Complete.
Coach Offers
Users that are looking for coaches can posts a coach request. in the users personal portal of app and/or website for a Coaching Service, requesting a coach to provide a coaching services within a defined period and price range.
Coaches make an Offer for the requrested coaching service.
The user looking for a coach then elects to accept the offer by the coach at the given at the offer provided and the details provided in the offier including price, location and other detailed information within.
Coachub will hold the Payment value, subject to an administration fee surcharge to User looking for a coach (Student) of 5.0% (five per cent only) of the transaction value, from users credit card via Stripe or Paypal, in accordance with the provisions of clause 8. of the T&Cs.
Coach agrees to provide the Coaching Service at the Offered price and time. Prior to Coach agreeing to provide the Coaching Service at the Offered price, Coach is informed by the Coachub system that 20.0% (twenty per cent only) commission will be deducted from Offered price and the actual amount Coach will earn from the given Completed and Accepted Transaction. In the event that Coach, at the full, sole and exclusive discretion, of Coach refuses to provide the Coaching Service at the Offered price, the User looking for a coach may select another the Offer of another Coach.
Upon Coach’s agreement to fulfill the Transaction at the Offered price, the agreed amount will be settled into Coachub’s bank account after deduction of the processing charge by the payment processor, Stripe.
Coach contacts the user (Student) and Coach and Student mutually agree the particulars of the Transaction (which may include, but be not limited to date, time, place and duration) and what is expected to be delivered at Completion and Acceptance.
Coach will receive Payment for Completed Transaction upon Acceptance by the Student, subject to the deductions hereinabove defined.
The Coach may, at any time, and at his/her sole discretion request Coachub to redeem a defined amount or the balance of earned cash from Coach’s User Account.
Upon receipt of any such redemption request, Coachub will transfer the defined amount or balance directly to Coach’s designated bank account, or PayPal account, in accordance with Coach’s instructions.
Coaching Requests
Student or Parent of a student can post a coaching request on the app and/or website for a defined and specific Custom request at a predefined price.
Coachub will hold the Payment value, subject to an administration fee surcharge to Student equivalent to 5.0% (five per cent only) of the Transaction value, from Student/User looking for coaches credit card via Stripe, in accordance with the provisions of clause 8. of the T&Cs.
The advertised request is visible to all potential Coaches on the app and/or website and they are able to apply to Student to fulfill the advertised request as a Coaching Service. Prior to the request being agreed between Student and Coach, the Coachub system informs Coach that a 20.0% (twenty per cent only) commission will be deducted from the advertised value of the Coaching Request Transaction and actual amount Coach can expect to earn.
Upon placement of confirmation of Custom request by the student to the coach, Coaching Request Transaction value previously held by Coachub will be settled into Coachub’s bank account after deduction of processing charge by the payment processor, Stripe.
Coach contacts the user (Student) and Coach and Student mutually agree the particulars of the Transaction (which may include, but be not limited to date, time, place and duration) and what is expected to be delivered at Completion and Acceptance.
6. Coach will receive Payment for Completed Coaching Transactionupon Acceptance by Student/User looking for coaches, subject to the deductions hereinabove defined.
SCHEDULE D
CODE OF CONDUCT AND OPERATIONAL RULES
This CODE OF CONDUCT AND OPERATIONAL RULES (hereinafter the “Rules”) is to be read in accordance with the TERMS AND CONDITIONS OF USE (hereinafter “T&Cs”) for the Coachub app and website and is the suggested and preferred operating procedure for anyone wishing to operate as a Coach to provide Coaching Services through the app and/or website. Unless specifically stated otherwise words defined in the T&Cs have the same meaning and construction herein. In the context of these Rules the Coach to whom these Rules apply and must be followed is referred to as “you”, “You”, “your” or “Your”. By agreeing to the Rules you hereby agree that any wilful or negligent breach of them by you may result in the closure of your Coachub User Account in accordance with the operating policies of Coachub Pty Limited.
You hereby affirm that
- You are at least 18 years of age and possess all the legal rights, authorities and prerogatives necessary to lawfully commit yourself to abiding by the terms of the Rules on your own behalf.
- You will endeavour to abide strictly by all Law currently and in future in force in Australia, which may have a bearing on your provision of the Coaching Services.
- You will only accept requests that have been contracted to be made through the Coachub app and/or website.
- In receiving a request and request details you will receive personal information belonging to the user/student who has placed the request. You should use any such personal information you receive in accordance with the Coachub Privacy Policy and Australian federal and State Personal Data and Privacy Protection laws. Please make yourself aware of, and ensure you operate in accordance with, the Coachub Privacy Policy and any relevant Australian federal and State Personal Data and Privacy Protection laws.
- Please make every effort to Complete any request you have received, unless you have a legitimate reason for not doing so. Be aware that this could impact your overall performance rating, therefore only take requests that you are certain you can complete. Failure to deliver an accepted request may harm your reputation and that of Coachub and Coachub Pty Limited and Coachub reserves the right to terminate your access to your Coachub Account for repeated poor performance, in accordance with the provisions of these T&Cs.
- While providing your Coaching Service placed through the Coachub app and/or website, please do fairly in accordance with federal and State laws operating in Australia and refrain from discriminating or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.