Terms of Service
Last updated: 10 MAY 2024
1. Introduction
Coaching.net (“the Marketplace”, or “we”), is a Marketplace for coaching and training services. These Terms and Conditions govern your access to and use of Coaching.net, including any content, functionality, and services offered on or through the Marketplace.
By accessing or using Coaching.net, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not access or use the Marketplace. We reserve the right to modify these Terms and Conditions at any time without prior notice. Your continued use of Coaching.net following any such modifications constitutes your acceptance of the new terms.
2. Definitions
In these Terms and Conditions document, the following terms shall have the following meanings:
- "User" refers to any individual or entity that accesses or uses the Coaching.net marketplace, including both coaches and clients.
- "Coach" refers to an individual or entity who provides paid professional consulting services through the Marketplace.
- "Client" refers to an individual or entity that seeks and engages in coaching services through the Marketplace.
- "Coaching" refers to the professional paid or unpaid consulting and training services offered by coaches through the Marketplace.
- "Directory" refers to the searchable listing of Coaches and Coaching’s.
- "Content" refers to any text, images, videos, audio, or other materials uploaded or posted by users on the Marketplace.
- "Rates": The monetary charges, fees, or remuneration stipulated for services by the Coach, rendered through the Marketplace.
3. User Eligibility
To access or use Coaching.net, you must be at least 18 years of age and possess the legal capacity to enter into these Terms and Conditions. By using the Marketplace, you represent and warrant that you meet these eligibility requirements.
Users who register for an account are required to provide accurate and complete information during the registration process and are also responsible to keep their information up to date.
Coaching.net reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion, without prior notice or liability, for any reason or no reason, including but not limited to violations of our Terms of Service, abusive conduct, fraudulent activity, illegal activity, or content that we determine in our sole discretion to be inappropriate, offensive, or harmful.
We may exercise these rights at any time and in any manner that we deem necessary to protect the integrity of the Marketplace, ensure compliance with applicable laws and regulations, maintain a safe and positive user experience, or protect the rights and interests of our users, our company, or third parties. Any decision to refuse service, terminate accounts, or remove or edit content shall be final and binding.
4. Services Offered
Coaching.net serves as a marketplace where clients can find and interact with coaches to receive coaching and training services.
Clients can explore the Directory, discover the right coach, and directly engage with coaching programs on the Marketplace's user-friendly web interface.
The Marketplace allows coaches to create custom profiles and offer custom coaching units, including online, offline, phone, and group coaching sessions to potential or actual Clients.
Coaching.net acts merely as a broker in facilitating transactions between clients and coaches and is not directly involved in the transaction or provision of coaching services.
5. User Responsibilities
5.1 User Obligations
Users agree to use Coaching.net in compliance with all applicable laws and regulations and in a manner that does not infringe on the rights of others.
Users are prohibited from engaging in any activity that is harmful, fraudulent, deceptive, or disruptive to the operation of the Marketplace or the provision of Services.
Users must maintain the confidentiality of their account information and are responsible for all activities that occur under their account.
Users affirm that any Content they upload is either their original work or they possess the appropriate copyright or license to share such content on the Marketplace. Users must not upload any content sourced from external entities, such as images found via search engines or text copied from other publications, without proper authorization. Furthermore, content in a foreign language must be clearly marked as such and accompanied by the original source attribution to ensure transparency and respect for intellectual property rights.
Users are responsible for maintaining the confidentiality of their account information, including their username and password. Users should take appropriate measures to ensure the security of their account and notify Coaching.net immediately of any unauthorized use or security breach. Coaching.net implements reasonable security measures to protect user information but cannot guarantee the absolute security of user accounts or personal information.
5.2 Coach Obligations
Accurate Representation: Coaches must provide truthful and precise descriptions of their services, accurately reflecting their qualifications, skills, and areas of expertise. Misrepresentation of services may result in disciplinary action, including warnings or removal from the Marketplace.
Professional Conduct: Coaches shall maintain professionalism in all interactions with clients, adhering to relevant ethical codes and industry standards.
Service Delivery: Coaches are responsible for providing coaching services in a timely and effective manner, in accordance with the agreements made with their clients.
Pricing Transparency: Coaches must honour the rates they advertise. Any changes to their fees must be communicated to clients promptly and with clear notice. While the Marketplace may offer pricing guidance, Coaches ultimately determine their own rates.
5.3 Client Obligations
Clients are responsible for providing accurate and complete information when requesting coaching services and for communicating their needs and expectations clearly and early to the Coach.
Clients must respect the time and expertise of coaches and adhere to any agreed-upon terms and conditions for the coaching sessions.
Clients are responsible for paying for the coaching services received in accordance with the terms agreed upon with the coach in a timely manner and by using the payment methods provided by the Coach.
The fee to be applied is the one advertised by the Coach in his/her Coaching offer at the time of first interaction.
6. Dispute Resolution and Limitation of Liability
6.1 Dispute Resolution and Limitation of Liability
Coaching.net explicitly disclaims responsibility for the following: incomplete or untimely payments; payments made in error; misleading, unclear, or ambiguous communications; no-show appointments; requests for refunds; cancellations; and any misunderstanding arising from the use of the Marketplace.
In the event of a conflict between a client and a coach, both parties shall first seek to resolve the issue through direct communication and negotiation in good faith. Clients and coaches are mutually responsible for facilitating this initial step towards dispute resolution.
Should these efforts fail, Coaching.net may, at its sole discretion, offer mediation services to assist in the resolution of the dispute. However, Coaching.net is under no obligation to undertake any form of intervention or resolution activities and the availability of such mediation services shall not be construed as an assumption of responsibility for the dispute.
Users agree that, in the rare case of a dispute escalating beyond the internal resolution mechanisms provided by Coaching.net, any legal proceedings will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. All users of the Marketplace hereby consent to the exclusive jurisdiction and venue of courts in Germany for all disputes arising out of or relating to the use of the Marketplace or these Terms and Conditions.
6.2. Limitation of Liability
Coaching.net shall not be liable for any indirect, incidental, special, consequential, or punitive damages of coaches and clients, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use of the Marketplace, regardless of whether such damages were foreseeable and whether Coaching.net has been advised of the possibility of such damages.
The total liability of Coaching.net to any user for any claim arising out of or related to these Terms and Conditions or the use of the Marketplace shall not exceed the amount paid by the user to Coaching.net in the six months preceding the claim.
6.3. Indemnification
Users agree to indemnify and hold harmless Coaching.net, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with their use of the Marketplace, violation of these Terms and Conditions, or violation of any rights of a third party.
7. Coach Membership
Coaching.net offers two distinct membership models for coaches to offer and deliver their services to clients:
7.1 FLEX Coach Membership (Credits-Based)
- Initial Credits: Coaches receive a complimentary initial credit balance upon registration to familiarize themselves with the service.
- Credit Deduction: Client requests result in deductions from the coach’s credit balance, calculated based on the coach’s fee at the time of the request, as detailed on the “/about/provide-coaching” page.
- Refund Policy: Coaches may request a refund for credits if a client discontinues the chat after the initial message and does not respond for one week. Refunds are not available once a dialogue is established.
- Credit Recharge: Coaches can replenish their credit balance through recharging via the Coaching.net Webshop.
- Profile Visibility: Insufficient credits will result in the temporary removal of the coach’s profile and coaching units from the Directory.
- Minimum Balance: Insufficient credits for more than one month will lead to deactivation of the coach’s profile and offerings until the credits balance is recharged.
7.2 PRO Coach Membership (Subscription-Based)
- Unlimited Requests: The subscription allows for an unlimited number of client requests within the subscribed membership period (1-24 months).
- Subscription Purchase: Subscriptions are available for purchase through the Coaching.net Webshop. Subscriptions are eligible for refunds only for remaining full months of the subscription.
- Preferred Listing: The PRO Coach membership includes a preferred listing of Coach profile and Coaching units in the Directory. Preferred listing enhances Coaches’ visibility, however it does not guarantee top placement in the Directory or placement on every client query to the Directory.
- Number of Coaching units: PRO Coaches can create and list more than one Coaching unit. Additional Coaching units are required to be substantially different / distinct in terms of title, description and image, from the Coaches’ existing units but also from other Coaches Coaching units. Failure to follow the rules will result in a warning and, if not corrected, exclusion of the Coach from the marketplace.
- Transition to FLEX: Upon expiration of the subscription, coaches revert to the FLEX Coach membership terms.
8. Feedback and Ratings
Clients may be asked to rate and provide feedback on the coaching services they receive. Numeric Ratings and written feedback can be published on the coach's public profile using the Clients first name, last name initial, and avatar image.
Coaches are encouraged to invite clients to provide feedback to help build their reputation and credibility on Coaching.net. The Marketplace reserves the right to remove or moderate feedback that is deemed inappropriate or violates these Terms and Conditions.
Clients’ feedback can be removed from public display upon request to the Coach or the Marketplace.
9. Intellectual Property Rights
All content and materials on Coaching.net, including but not limited to text, graphics, logos, and software, are the property of Coaching.net or its licensors and are protected by intellectual property laws.
Users are granted a limited, non-exclusive license to access and use Coaching.net for personal or professional purposes in accordance with these Terms and Conditions. Users may not reproduce, distribute, modify, or create derivative works of any content on the Marketplace without written permission of Coaching.net.
We are not responsible for verifying the copyright ownership of images and text uploaded and displayed by users on the Marketplace. By uploading and displaying content on our platform, users represent and warrant that they have obtained all necessary permissions, licenses, or rights to use and display the content. Users agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of or related to the use or display of copyrighted materials without proper authorization. The marketplace will disable and hide any Coach Profile or Coaching Unit that is accused of copyright dispute until matter are resolved. To file a copyright dispute, please user our contact form (/about/contact).
10. Privacy and Data Protection
Coaching.net upholds the utmost respect for user privacy and the integrity of personal information. The comprehensive Privacy Policy elucidates the methods of data collection, utilization, and safeguarding measures in place.
By engaging with the Marketplace, users consent to the gathering and application of their personal data as outlined in the Privacy Policy. They recognize that such processing of personal information is integral to the Marketplace functioning.
Furthermore, it is explicitly assured that no personal data will be shared with third parties without the user’s express consent, ensuring our commitment to confidentiality and data protection.
Coaching.net uses cookies and other tracking technologies to improve the user experience and to analyse the Marketplace usage. Our Cookie Policy provides detailed information on the types of cookies used and the purposes for which they are used.
Users can manage their cookie preferences through their browser settings. Disabling cookies may, however, limit the functionality of the Marketplace.
11. Termination and Suspension of User Accounts
Coaching.net reserves the right to terminate or suspend a user's account and access to the Marketplace at any time, without notice or liability, for any reason, including but not limited to breach of these Terms and Conditions.
Upon termination or suspension, the user's right to access and use the Marketplace will immediately cease, and Coaching.net may delete the user's account and any related content.
12. Administration
These Terms and Conditions and any disputes arising out of or related to the Marketplace shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
These Terms and Conditions constitute the entire agreement between the User and Coaching.net regarding the use of the Marketplace and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding such use.
The failure of Coaching.net to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Coaching.net.
Coaching.net reserves the right to modify these Terms and Conditions at any time. Users will be notified of any changes through the Marketplace or via email. Continued use of the Marketplace after any such changes constitutes acceptance of the new Terms and Conditions.
All notices and communications to Coaching.net should be sent to the contact information provided on the Marketplace. Users agree to receive electronic communications from Coaching.net, which may include notices about their account, updates to the Marketplace, and other information related to their use of the Marketplace.
For any questions or concerns regarding these Terms and Conditions or the use of the Marketplace, users can contact us at here.