General Terms for Coaches
These General Terms set forth the main terms and conditions applying to and governing the usage of Coachtribe Services. In order to provide personal training and sports coaching services using the Coachtribe Platform you must agree to the terms and conditions that are set forth below.
1.1. Coachtribe.com (also referred to as "we", "our" or "us") is the trading name of Global Fitness Group Ltd, a private limited company incorporated and registered under the laws of the United Kingdom with company registration number 12752285, registered office 869 High Road, North Finchley, London N12 8QA. This also refers to all Coachtribe group companies and partners. Coachtribe group shall mean companies over which Coachtribe exercises control (for example subsidiaries of Coachtribe). Coachtribe partners shall mean local representatives, affiliates, agents etc appointed by Coachtribe.
1.2. Coachtribe / Coaching Services – services that Coachtribe provides, including the provision and maintenance of the Coachtribe App, Coachtribe Platform, in-app Payment, customer support, communication between the Coach and the Client and other similar services.
1.3. Coachtribe App – a smartphone application for Coaches and Clients to request and receive Coaching Services
1.4. Client – a person requesting Coaching Services by using the Coachtribe App.
1.5. Coach (also referred to as “you“) – the person providing Coaching Services via the Coachtribe App. Each Coach will get a personal Coachtribe Account to use within the Coachtribe App
1.6. Agreement – this agreement between the Coach and Coachtribe regarding the use of Coachtribe Services which consists of:
1.6.1. these General Terms;
1.6.2. special terms displayed in Coachtribe App, e.g regarding price info or service descriptions;
1.6.3. the Coach guidelines; and
1.6.4. other terms referred to in this Agreement as may be amended from time to time.
1.5 Coaching Fees / Fees for Coaching Services – the fee a Client is obliged to pay a Coach for provision of Coaching Services.
1.6. Coachtribe Subscription – the fee that Coach is obliged to pay to Coachtribe for using the Coachtribe App.
1.7. Coachtribe Commission – a deduction made from the Coaching Fee that the Coach is obliged to pay for taking bookings through the Coachtribe App.
1.8. In-app Payment – cards, carrier billing and other payment methods used by the Client via the Coachtribe App to pay for the Coaching Services.
1.9. Coachtribe Account – access to a website containing information and documents regarding usage of the Coachtribe Services in course of provision of Coaching Services, including accounting documentation. A Coach may access the Coachtribe Account at a http://www.coachtribe.com by entering username and password.
1.10. Tip - a gratuity offered by the Client at their sole discretion in addition to the Coaching Fee paid.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the Coachtribe Services, you must sign up by providing the requested information in the signup application on www.coachtribe.com and uploading necessary documentation as required by us. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the “Sign up" button located at the end of the signup application, you represent and warrant that:
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Coachtribe Platform for providing the Coaching Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
2.1.3. all the information you have presented to us is accurate, correct and complete;
2.1.4. you will keep your Coachtribe Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your Coachtribe Account nor transfer or assign it to any other person;
2.1.6. you will not use the Coachtribe Services for unauthorized or unlawful purposes and impair the proper operation of the Coachtribe Services;
2.1.7. at all times, you fully comply with all laws and regulations applicable in the state you are providing Coaching Services in, including (but not limited to) laws regulating Client Coaching services;
2.2. You are obliged to provide your bank details and the payment details upon registration. In-app payment fees will be transferred to the bank account that you have provided. Coachtribe shall not be held liable for any incorrect money transactions due to the provision of incorrect bank details.
2.3. After registering as a Coach, you will receive an e-mail with additional conditions that must be met in order to use Coachtribe Services. These conditions may include providing proof of a clean criminal record, valid government issued identification, satisfactory coaching qualifications from a recognised body, and any other conditions as described in the pertinent e-mail. Failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Coachtribe Services.
2.4. You agree that in specific cities or countries Coachtribe may assign any of our obligations arising from the General Terms or Agreement to Coachtribe group companies and partners. This includes, but is not limited to, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Coachtribe Subscriptions, Coachtribe Fees, forwarding you any fees due, mediating In-app Payment, licensing the Coachtribe App, etc.
2.5. Registering the account as a corporate entity. You are considered to be a corporate entity if the recipient of the fees is marked as such and the appropriate payment details have been provided (as accessible in the Coachtribe Account). In such case, the entity indicated is considered to be the provider of Coaching Services and a party to these General Terms, Agreement and any further agreements. However, only the individual specified in the signup process may actually provide the Coaching Services. THE CORPORATE ENTITY AND THE INDIVIDUAL SPECIFIED AS PROVIDING THE COACHING SERVICES UNDER THE COACHTRIBE ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THESE GENERAL TERMS AND THIS AGREEMENT
3. RIGHT TO USE COACHTRIBE APP AND COACHTRIBE ACCOUNT
3.1. Subject to your compliance with this Agreement, you are granted a license to use the Coachtribe App and the Coachtribe Account. The license does not grant you the right to sublicense or transfer any rights to any third party.
3.2. In the course of using the Coachtribe App and/or Coachtribe Account you may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Coachtribe App, the Coachtribe Account or other software of Coachtribe;
3.2.2. modify the Coachtribe App or the Coachtribe Account in any manner or form or to use modified versions of the Coachtribe App or Coachtribe Account;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on the Coachtribe platform;
3.2.4. attempt to gain unauthorized access to the Coachtribe App, Coachtribe Account or any other Coachtribe Services.
3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. Upon termination of the Agreement you must immediately stop using the Coachtribe App and the Coachtribe Account and Coachtribe reserve the right to block and/or delete your Account without prior notice.
3.4. Occasionally, we may give you tags, labels, stickers or other merchandise that refer to the Coachtribe brand or otherwise indicate that you are using the Coachtribe platform. The right to use this merchandise is granted on a non-exclusive, non-sublicensable, non-transferable basis and only for the purpose of indicating that you are providing Coaching Services via the Coachtribe platform. After termination of the Agreement you must immediately remove and discard anything that refers to the Coachtribe brand.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Coachtribe and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Coachtribe platform or any other Coachtribe Services you do not acquire any rights of ownership to any intellectual property.
4. PROVIDING COACHING SERVICES
4.1. You hereby guarantee to provide Coaching Services in accordance with the General Terms set out in this Agreement as well as the laws and regulations applicable in the state where you are providing Coaching Services. Please note that you are fully liable for any violation of any local laws and regulations that may arise from providing Coaching Services.
4.2. You must maintain your coaching qualifications and notify Coachtribe of any change in your qualifications immediately as they arise. The upload of a valid coaching certificate from a recognised body is required in order to approve your account.
4.3 You are responsible for obtaining and maintaining all licenses (including a valid coaching license), permits, insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing Coaching Services. It is your obligation to maintain the validity of all aforementioned documentation. Coachtribe reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications at any time.
4.3. You must provide Coaching Services in a professional manner in accordance with the business ethics applicable to providing such services, and endeavour to meet the reasonable needs of your Clients in the best interest of the Client.
4.4. You retain the sole right to determine whether you wish to providing the Coaching Services to any particular client. You reserve the right to accept, decline or ignore Coaching Services requests made by Clients at your own choosing.
4.4.1 Once a booking has been accepted it can only be cancelled by the Client. If you are unable to attend, you should contact the client at the earliest opportunity and attempt to remedy the situation.
4.4.2 If the client is insistent that the booking should you ahead, you must make all reasonable efforts to attend.
4.4.3 Non-attendance will incur a penalty of £10, to be deducted from the balance of your Coach Account before payment is made to you.
4.4.4 Repeated non-attendance may result of the termination of your license as a Coachtribe Coach.
4.5. You are obliged to provide and maintain all equipment and means that are necessary to perform Coaching Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing Coaching Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of your vehicle, insurance, relevant corporate or payroll taxes etc.
4.5.1 If your session with a Client requires entry to third party premises, such as a gym or golf club, this should be by prior agreement with the Client. Coachtribe is not responsible for any entry or membership fees to any such establishment.
4.6. Coaching Fees. You are entitled to charge a fee of your choosing for session that you carry out on the Coachtribe platform. This should be denoted in the calendar/booking area of your profile page on the Coachtribe App.
4.7. Coaches may not, under any circumstances, receive payment for coaching services directly from Clients. This will result in the immediate cancellation of your Coachtribe license.
4.8. Coachtribe may adjust the Coaching Fee for a particular session completed, if we detect a violation (such as taking a separate payment directly from the Client) or in case a technical error affecting the final fee is identified. Coachtribe may also reduce or cancel the Coaching Fee in case we have reasonable cause to suspect a fraud or a complaint by the Client indicates a violation by you. Coachtribe will only exercise its right to reduce or cancel the Coaching Fee in a reasonable and justified manner.
4.9 Tips. In some markets Client may be given the option to tip you after a successful provision of Coaching Services. The Client can Tip you only by means authorised by Coachtribe for Tipping. The Tip will not affect the amount of Coachtribe Fees or Subscriptions and Coachtribe will not collect a commission on the Tip paid by the Client. You are obliged to fully comply with any tax obligations arising from Tipping. Coachtribe may limit the maximum value of a Tip at its sole discretion.
4.10. Receipts. After each successful provision of Coaching Services, Coachtribe shall create and forward a receipt to the Client consisting of some or all of the following information: the company’s business name, the first name and surname of the Coach, the Coach’s Coachtribe license number (if applicable), the date, time, duration and/or location of the session, and the Coaching Fee and Tip paid for the provision of the Coaching Services. The receipt of each provision of Coaching Services is available to you via your Coachtribe Account.
4.11. A Client may cancel a request for Coaching Services that a Coach has accepted via the Coachtribe App. In the event that the session is cancelled less than 48 hours before the session is scheduled to begin, the Coach shall be entitled to the full Coaching Fee for cancelled Coaching Services (Cancellation Fee)
4.12. The Client shall be responsible for the cost of repair for damage to, or necessary cleaning of, the Coach’s equipment and premises in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Coach reports the need for Repair, Replacement or Cleaning, and such Repair, Replacement or Cleaning request is verified by Coachtribe in Coachtribe’s reasonable discretion, Coachtribe reserves the right to facilitate payment for the reasonable cost of such Repair, Replacement or Cleaning on behalf of the Coach using the Client’s payment method. Such amounts will be transferred by Coachtribe to the Coach and are non-refundable.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing Coaching Services, including (i) paying income tax, social security / national insurance or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable state authorities as required by the applicable law. In the event that the local tax authority submits a valid application to Coachtribe to provide information regarding your activities in this regard, we reserve the right to make available to the tax authority the requested information to the extent set forth in under local legislation. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Coaching Services. You hereby agree to compensate Coachtribe all state fees, claims, payments, fines or other tax obligations that Coachtribe incurs in connection with the obligations arising from applicable tax regulations not having been met by you.
4.16. Coachtribe has a right to issue an invoice on your behalf to the Client in order to compensate you for any Coaching Fees, contractual penalties or other applicable charges payable to you. These invoices will be made available to you via your Coachtribe Account.
5. IN-APP PAYMENTS
5.1. Clients must pay for Coaching Services via the Coachtribe App. You hereby authorise us as your commercial agent to receive the Coaching Fees or other fees paid by the Client via In-app Payment and to forward the relevant funds to you. Any payment obligation made by the Client via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
5.2. Payments shall be paid to you via a Stripe account to be set up and maintained by you. Any fees payable to Stripe remain the responsibility of the Coach.
5.3. You may not refuse payment by the Client via the In-app Payment, or influence the Client against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of £10 (ten pounds) for every refusal and/or block your right to use Coachtribe in case of repetitive behaviour.
5.4. Coachtribe reserves the right to distribute promo code to Clients at its discretion on a per promotional basis. You are required to accept the use of promo code only when the Client applies the code in-app to a Coaching session using card payment. If the use of promo codes is suspected as being fraudulent or illegal, and/or is used by a Coach in conflict with our Terms and Conditions relating to promo code use, then the promo code may be cancelled and the outstanding amount will not be reimbursed by Coachtribe to the Coach.
5.5 If the option is available and the Client chooses to Tip you via the Coachtribe App, the Tip will be collected by Coachtribe on your behalf together with the Coaching Fees and other fees paid by the Client via the In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used by a Coach in conflict with our Terms and Conditions and, then the Tip can be withheld by Coachtribe.
5.6. You are entitled to review In-app Payment reports in the Coachtribe App. The reports will show the amounts of the In-app Payments brokered as well as the withheld amounts of the Coachtribe Fee as per Clause 6 of this Agreement. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Coaching Fees paid via In-app Payment.
5.7. We are not obliged to pay you the Coaching Fee due from the Client if the In-app Payment failed because the Client’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Coaching Fee due from the Client and shall transmit it to you once the Client has made the requested payment.
5.8. Before providing Coaching Services, you must verify that the service is being actually provided to the right Client. You must do this by requesting the Client’s SMS code and entering it into your device within 24 hours of the session. If you fail to do so, or make a mistake in identifying the Client, then we shall reimburse the Client for all Coaching Fees paid. In such case you are not entitled to receive the Coaching Fee from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to £10 pounds (ten pounds).
5.9. Please note that we will set off any Coaching Fees or Tip paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Coachtribe Fees and contractual penalties). We may set off any of your financial liabilities against financial liabilities that you may have against us.
5.10. If we are not able to pay the Coaching Fees or Tip to you due to you not including your Stripe account details in your Coach´s account or if the Stripe account details have been entered incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Coaching Fee or Tip not transferred to you shall expire.
6. COACHTRIBE SUBSCRIPTIONS AND FEES
6.1. In order to use the Coachtribe Services, you are obliged to pay:
6.1.1. A subscription fee (i.e. the Coachtribe Subscription). The Coachtribe Subscription is a set fee payable periodically in order for your profile to remain on the Coachtribe website and the Coachtribe App. The amount of the Coachtribe Subscription is made available to you via e-mail, the Coachtribe website, Coachtribe App, Coachtribe Account or other pertinent means. You acknowledge that the Coachtribe Subscription may change from time to time. We shall send you a prior notification of each such change.
188.8.131.52. Different subscription plans are available and you will be given a choice of plan when you sign up.
184.108.40.206. You may also switch between plans as convenient for you. Your new plan will commence when any prepaid subscription comes to an end.
220.127.116.11. Subscription fees are non-refundable. No refunds will be made for any unused subscription, including but to exclusive to when a Coach switches between plans.
18.104.22.168. In the event that your payment for your Coachtribe Subscription fails, your Coachtribe account will be suspended and you will be removed from the Coachtribe website and Coachtribe App. In this instance, you are obliged to attend any outstanding bookings that you made before your account was suspended and you will be paid for these bookings as normal as per 6.3 below.
22.214.171.124. In the event that payment of your Coachtribe Subscription has not been paid within 28 days of its due date, your Coachtribe account will be terminated and you will be permanently removed from the Coachtribe website and Coachtribe App. In this instance, all outstanding bookings that you made before your account was terminated will be cancelled and Clients will be refunded as appropriate.
6.1.2 The Coachtribe Fee. This is paid based on the Fee of each Coaching Service order that you have completed. The amount of the Coachtribe Fee is made available to you via e-mail, the Coachtribe website, Coachtribe App, Coachtribe Account or other pertinent means. You acknowledge that the Coachtribe Fee may change from time to time. We shall send you a prior notification of each such change.
126.96.36.199. The Coachtribe Fee, inclusive of any taxes payable, will be deducted from Coaching Fees accumulated by you, before payment is made to your Stripe account as per clause 5 of this Agreement.
188.8.131.52. Payment of amounts due for each calendar month will be made to your Stripe account on the 10th day of the following month.
6.2. In the event that we uncover any reason why you may need to return funds to us, including but not exclusive to fraud, any illegal activity, misuse of the Coachtribe website or Coachtribe app, or incorrect processing, and we are unable to offset this against outstanding Coaching Fees due to you, we reserve the right to employ a debt collection agency in order to collect these funds. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
7. RATINGS AND ACTIVITY
7.1. In order to guarantee a high-quality service and provide additional reassurance to Clients, you hereby acknowledge that the Clients may provide you a rating and leave feedback regarding the quality of the Coaching Services that you have provided. Your average rating will be linked to your Coach´s account and will be available to Clients via the Coachtribe website and the Coachtribe App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
7.2. In addition to the rating, we may measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Coaching Service requests.
7.3. In order to provide reliable services to Clients, we may determine a minimum average rating and a minimum activity score that Coaches must establish and maintain. If, after a notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Coach´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
8. MARKET OVERVIEWS AND CAMPAIGNS
8.1. Market overviews. We may send you, via the Coachtribe App, Coachtribe Coach Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Clients is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
8.2. Campaigns for Clients. We may also occasionally arrange various campaigns to Clients in order to promote the Coachtribe platform. If the Fee paid by the Clients is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Clients. We may set off the marketing compensation against the Coachtribe Fee.
9. RELATIONSHIP BETWEEN COACHTRIBE, COACHERS AND CLIENTS
9.1. You hereby acknowledge and agree that we provide an information society service and do not provide Coaching Services. By providing the Coachtribe platform and Coachtribe Services, we act as marketplace connecting Clients with Coaches to help them locate and book Coaching Services more efficiently. You acknowledge that you are providing the Coaching Services either independently or via a company as a commercial and professional activity. Coachtribe, as the operator of the Coachtribe website and Coachtribe App, acts as the commercial agent of the Coaches for the mediation of conclusion of contracts between the Coach and the Client, and thus, among other things, accepts payments from the Clients and forwards the payments to the Coach.
9.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
9.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
10. PROCESSING OF PERSONAL DATA, ACCESS TO DATA
10.1. Your personal data will be processed in accordance with the Privacy Notice, available at http://www.coachtribe.com.
10.2. Coachtribe has access to all personal data and other data provided or generated in connection with your use of Coachtribe Services. Coachtribe shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Coachtribe maintains access to such data also after the Agreement between you and Coachtribe is terminated.
10.3. You have access to personal and other data provided by you or generated in connection with your use of the Coachtribe Services to the extent that is made available to you under your Coachtribe Coach Account through Coachtribe App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Clients.
11. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
11.1 Coachtribe disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Coachtribe makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Coachtribe does not guarantee the quality, suitability, safety or ability of Clients. You agree that the entire risk arising out of your use of Coachtribe’s services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
11.3. The Coachtribe Platform is provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to Coachtribe Platform will be uninterrupted or error free. As the usage of the Coachtribe platform for requesting Coaching services depends on the behaviour of Clients, we do not guarantee that your usage of the Coachtribe platform will result in any Coaching Service requests.
11.4. To the maximum extent permitted under the applicable law, we, nor Coachtribe’s representatives, directors and employees are liable for any loss or damage that you may incur as a result of using Coachtribe Services, including but not limited to:
11.4.1. any direct or indirect property damage or monetary loss;
11.4.2. loss of profit or anticipated savings;
11.4.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
11.4.4. loss or inaccuracy of data; and
11.4.5. any other type of loss or damage.
11.5. The financial liability of us in connection with violating the General Terms or Agreement will be limited to £100 (one hundred pounds). You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.
11.6. We shall not be liable for the actions or non-actions of the Client and shall not be liable for any loss or damage that may incur to you, your vehicle, your equipment or your premises as a result of actions or non-actions of the Client.
11.7. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Client presents any claims against us in connection with your provision of Coaching Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us for any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
11.8. You agree to indemnify and hold Coachtribe and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
11.8.1. your use of the Services or services or goods obtained through your use of the Services;
11.8.2. your breach or violation of any of these Terms;
11.8.3. Coachtribe’s use of your User Content; or
11.8.4. your violation of the rights of any third party, including Third Party Providers.
12. TERM, SUSPENSION AND TERMINATION
12.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Coaching Services on the Coachtribe platform.
12.2. You may terminate the Agreement at any time by notifying Coachtribe at least 7 (seven) days in advance, after which your right to use the Coachtribe platform and Coachtribe Services shall terminate. Coachtribe may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
12.3. Coachtribe is entitled to immediately terminate the Agreement and block your access to the Coachtribe Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Coachtribe, or cause harm to Coachtribe’s brand, reputation or business as determined by Coachtribe at our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Coach account.
12.4. We may also immediately suspend (block) your access to the Coachtribe platform and to the Coachtribe Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
12.5. We are aiming to provide the highest quality service to all Clients, therefore we reserve the right to monitor the activity of all Coaches on the Coachtribe platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
12.6. Additional requirements and safeguards provided in Regulation (EU) 2019/1150 (Regulation) shall apply where the termination of the Agreement or blocking of the access to the Coachtribe platform affects the rights of the Coach in the member state of the European Union or European Economic Area (Member State).
12.7. The Coach referred to in section 12.6 (Business User Operating in the Member State) has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of Coachtribe with the Regulation, in accordance with the Internal Complaint-Handling System Rules for users of Coachtribe.
13.1. Coachtribe reserves the right to amend these General Terms anytime by uploading the revised version on its website (http://www.coachtribe.com) and notifying you (e.g. via e-mail, the Coachtribe website, the Coachtribe App or your Coachtribe Account) whenever, in the reasonable opinion of Coachtribe, such amendments are material.
13.2. Coachtribe shall provide at least 15 days advance notice (via e-mail, the Coachtribe website, the Coachtribe App or your Coachtribe Account) about the amendments that affect the rights of users of Coachtribe operating in the Member State, unless:
13.2.1. Coachtribe is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period;
13.2.2. an immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Coachtribe Services, Clients or Coaches from fraud, malware, spam or data breaches;
13.2.3. you have elected to waive the advance notice period (e.g. you continue to use Coachtribe Services after receipt of the notice of amendment); or
13.2.4. in the reasonable opinion of Coachtribe, amendments are beneficial for the Coaches and do not require technical adjustments from them.
13.3. If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Coachtribe Services and providing notice of termination to Coachtribe. In this event, the termination of the Agreement shall take effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of Coachtribe Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
14. APPLICABLE LAW AND COURT JURISDICTION
14.1. Except as otherwise set forth in this Agreement, the Terms contained in this Agreement shall be exclusively governed by and construed in accordance with the laws of The United Kingdom, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, the United Kingdom. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
15.1. You are obliged to immediately notify us of any changes to your contact information.
15.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
15.2.1. delivered personally,
15.2.2. sent by courier with proof of delivery,
15.2.3. sent by registered mail,
15.2.4. sent by e-mail or
15.2.5. made available via the Coachtribe website, Coachtribe App or your Coachtribe Account.
15.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
15.3.1. if delivered personally, at the time of delivery to the party;
15.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
15.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
15.3.4. if made available via the Coachtribe website, Coachtribe App or your Coachtribe Account, or
15.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
16. FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms: 19.10.2020.