Terms & Conditions
Please read this agreement carefully as it contains important information.
The following terms of service and conditions of use (the agreement) govern your use of the website The Coaching Exchange). Please read the agreement carefully. By viewing, visiting, using, registering, or interacting with this website, you accept the terms of the agreement whether you are a visitor or a registered user. If you are not willing to be bound by all the terms you must discontinue use of the site and/or network.
Welcome to The Coaching Exchange, a website dedicated to providing a platform for the provision and receipt of coaching services.
The Coaching Exchange Site and related services (collectively, the Network) are provided to you on the condition of your acceptance of this Agreement. Additional terms, including any Privacy Policies and other agreements, may apply to registered users. This Agreement supplements any agreement you may have previously executed with The Coaching Exchange, and to the extent that any terms and conditions set forth in this Agreement conflict with those set forth in any prior agreements, this Agreement shall supersede and the conflicting term(s) will have no force or effect.
The definitions that follow apply to this Agreement:
Authorised User means an individual is eligible and registered to use the Network. Authorised Users are required to provide their real name, address, postal code, a valid email address, and any other information that is requested by the Network. Authorised Users may also be referred to as Members.
Coach means a Life Coach or any other Coach or person authorised to use The Coaching Exchange and specifically refers to that person providing coaching services.
Coachee means a Life Coach or any other Coach or person authorised to use The Coaching Exchange and specifically refers to that person receiving coaching services.
Network means the The Coaching Exchange website and/or any related services offered by The Coaching Exchange.
You means the individual that is registering with The Coaching Exchange.
3. REGISTRATION AND USE
Registration and participation on the Network is void where prohibited. By using, interacting, or registering with the Network you agree and warrant that: (a) you are 18 years of age or older; (b) that your use of the Network does not void any applicable law; and (c) you will provide truthful and accurate information at all times.
In order to use certain features of the Network you must be an Authorised User. To be an Authorised User, you will need to register for a Network account. Unless granted a waiver by contacting one of The Coaching Exchange's agents, you may only have one account per person or entity. In doing so, you agree that you will provide and maintain complete information about yourself as prompted by the registration process. Information that you may be required to provide includes, but may not be limited to: contact information consisting of legal name, postal address, email address, and any other information deemed appropriate by The Coaching Exchange.
In providing this information you agree that it is true and accurate and that you, or your username, are not impersonating any person, entity, or company or misrepresenting your identity or affiliation with any other person or entity, including using another person's username, password or other information. In addition, you agree that The Coaching Exchange may cancel any Network account which uses a username deemed by The Coaching Exchange to be unlawful or otherwise objectionable.
3.3 Accepted Use
By becoming an Authorised User you represent that your use of the Network will not violate this Agreement, the rights of any other persons, or any applicable law.
3.4 Terms for Members (as Coaches and Coachees)
3.4.1 You understand and agree that The Coaching Exchange is not a party to any agreements formed between Coaches, and that The Coaching Exchange is not liable for any breach of contract, tort, or other disagreement that Coaches may have with each other.
3.4.2 The Coaching Exchange makes no claims about the quality of service, or accuracy of credentials or experience of Coaches in the system. You agree to release The Coaching Exchange from any liability relating to any aspect of your experience with any of the coaches you interact with as a result of using the services provided by The Coaching Exchange.
3.4.3 The Coaching Exchange offers a service where it offers members in the role of “Coachee” a selection of profiles of Coaches that may meet the Coachees’ needs. The Coaching Exchange makes no claim as to the appropriateness of the matched Coachees and Coaches or the nature or success of the coaching relationship that may or may not ensue. You agree to release The Coaching Exchange from any liability relating to the use of such a matching service.
3.4.4 You agree to abide by the principle of ‘client confidentiality’ in all of your dealings with other members of The Coaching Exchange and to adhere to the Code of Ethics and Good Practice as laid out by the Association for Coaching here: http://www.associationforcoaching.com/pages/about/code-ethics-good-practice
3.5 Unauthorised Use
3.5.1 As an Authorised User you agree to notify The Coaching Exchange immediately of any unauthorised use or access to your account.
3.5.2 The Coaching Exchange is not responsible for any unauthorised use of your account, including the protection of your password.
3.6 Prohibited Use
The Coaching Exchange reserves the right, in its sole discretion, to determine whether anyone or their use of The Coaching Exchange has violated this Agreement.
4. TERM AND TERMINATION
The term of this Agreement, as well as any modifications or revisions of the Agreement by The Coaching Exchange, shall commence upon the date of acceptance of this Agreement and shall remain in effect throughout the duration of your registration, participation, or use until terminated.
The Coaching Exchange may terminate this Agreement immediately and without prior notice in the event of: (1) violation(s) of any provision of this Agreement or any other agreement into which you have entered with The Coaching Exchange, as may be amended; (2) use of the Network in a way that The Coaching Exchange believes, at its sole discretion, is in an unlawful manner, or in such a way that a reasonable person would believe likely to result in injury or damage to any other person or property; and (3) dissolution or insolvency of any party to this agreement. In the event of termination, you will be notified by The Coaching Exchange via email or mail at the last known address listed with The Coaching Exchange.
You hereby warrant to The Coaching Exchange as follows:
5.1.1 All the information provided to The Coaching Exchange that is required to register with the Network, and all information provided hereafter, is true and correct;
5.1.2 You have the full right and capacity to enter into this agreement, and are eligible to do so, as determined by the terms of this Agreement and in The Coaching Exchange's sole discretion;
5.1.3 This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and you agree not to contest the validity or enforceability of this Agreement under the provisions of applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby;
5.1.5 You will continue to abide by the terms and standards of eligibility found in Section 3 as if fully set forth herein;
5.1.6 You will not send any unsolicited email, or otherwise violate any provisions of Spam Act 2003, or any other anti-unsolicited e-mail legislation in any applicable jurisdiction;
5.1.7 You will remain in compliance with any applicable policies or rules established by The Coaching Exchange;
5.1.8 You will not post any disparaging messages to outside newsgroups, chat rooms, bulletin boards, or Internet forums about The Coaching Exchange or any of its users;
5.1.9 You acknowledge and accept that The Coaching Exchange does not make any representations, warranties, or any specific or implied promise as to the successful outcome of your use or participation in the Network;
5.1.10 You agree that if any undesirable results occur in connection with using, interacting, or otherwise participating with the Network service, due to no fault of The Coaching Exchange, that The Coaching Exchange will not be responsible for any associated losses.
6. GENERAL TERMS
Your continued use of the Network must be in full accordance with this Agreement and any modifications to it by The Coaching Exchange. The Coaching Exchange reserves the right to make changes to the Network and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorised User and you must notify The Coaching Exchange immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
6.3 Governing Law
This Agreement, and any and all tort claims that may arise in connection with the Network or Agreement and any related services, will be governed by the substantive laws of the United Kingdom.
6.4 Entire Agreement
The parties acknowledge that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof, and that this Agreement supersedes any and all prior and contemporaneous communications, whether oral or written.
The Coaching Exchange reserves the right in its sole discretion to change, modify, add, or remove any part of this Agreement, in whole or in part, at any time and as provided for in section 6.1 of this Agreement. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise. Amendments to this Agreement will take effect immediately upon being posted on the Site and your continued use of the Site will be deemed as your acceptance thereof.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall be taken together and constitute one and the same instrument.