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| TERMS AND CONDITIONS |
(Relating to the use of the CoachMeWebsite)
You must take the time to read and understand it before using the Coachme website. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions. Visitors to Coachme who do not register to become a Member similarly affirm that they are bound by these Terms and Conditions each time they access the Coachme website. You should be aware that these Terms and Conditions may change from time to time in accordance with Clause 5.18 below.
Important: You must ensure that the e-mail address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change e-mail address, then you must inform us of the new address through your "My details/profile" page.
Note that we are not an internet service provider. In order to avail of the Coachme service, you must have internet access and all the software (and skills) required for e-mail and web usage. |
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| 1. Interpretation |
1.1 In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
1.1.1 "Coachme" means Allsportsonesite Ltd
1.1.2 "Website" means the website operated by Coachme.
1.1.3 "Members" means Coaches,Players/Parents & Organisations
1.1.4 "Parent/Player" means persons utilizing the Website with a view to find a sports coach
1.1.5 "Coach" means a person advertising their Coching services in the areas of expertise advertised by the Coach on the Website with a view to providing tuition to the Player or the Guardians nominee.
1.1.6 "Organisations" means a social arrangement which pursues collective goals, controls its own performance, and has a boundary separating it from its environment. eg: Sports Club, Schools, Leisure centre etc
1.1.7 "Abuse" means, but is not limited to, breach of the Terms and the use of the Website in such a way as is, in the opinion of Coachme, unreasonable.
1.2 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
1.3 All and any business undertaken by Coachme, a Coach and/or a Player/Parent and an organisation is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing. No variation of these Terms shall be valid if made without the written consent of First Tutors.
1.4 The use of the Website by a Coach and/or a Player/Parent and an organisation shall be deemed acceptance of and agreement to these Terms.
1.5 These Terms supersede all previous terms of business. |
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| 2. Obligations of Coachme |
2.1 The Website has been established to allow Players/Parents/Organisations to contact Coaches and to view their profiles.
2.2 Coachme will take all reasonable precautions to keep the details of Coachs,Players/Parents and an organisations secure but will not be liable for unauthorised access to the information provided by Coaches and/or a Player/Parent and an organisation |
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| 3. Obligations of a Coach |
3.1 A Tutor warrants that he/she is of at least sixteen years of age, has the necessary qualifications and/or experience to provide tuition in the sports specified by the Coach on the Website.
3.2 A Coach shall indemnify Coachme from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the Coach of the Website.
3.3 A Coach shall accept full responsibility for the prices quoted for his/her services on the Website and for collection of all fees due to the Coach from any Players,Parents & organisations.
3.4 A Coach will not include identifying information such as telephone number e-mail address message services identifiers voIP identifiers postal address website address or name, company name, tuition agency or organisation through which the Coach can be contacted or any other contact information on the website or in any messages sent to other Members whether through the Website or by any other means of communication. If there is a preponderance of evidence to suggest a Coach has successfully broken term 3.4 they will be permanently removed from our system.
3.5 In responding to feedback of Players posted on the Website a Coach shall not be personally abusive about a Player,Parent or organisation.
3.6 A Coach accepts full responsibility for all information published by him/her on the Website and shall indemnify Coachme in relation to any liability incurred by them as a result of such information.
3.7 A Coach shall secure payment from a Player,Parent or organisation for services provided and shall not seek to recover any payment from Coachme.
3.8 A Coach acknowledges that he/she is not an employee of Coachme and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated.
3.9 A Coaches details may be provided to a Player,Parent or organisation.immediately via our quick release system, however, they are under no commitment to undertake the Coaching arrangement.
3.10 A Coach undertakes to register for the Coachme service using accurate and current information about himself - including his correct name, address, telephone number, qualifications and any other requested details.A Coach understands details entered by the coach on the website will be publicly visible and may appear in search engine results. |
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| 4. Obligations of Player,Parent or organisation. |
4.1 A Player,Parent or organisation acknowledges that it is his responsibility to verify the credentials expertise references CRB checks and qualifications of any Coach.
4.2 A Player,Parent or organisation shall indemnify Coachme in relation to any liability arising from a Player,Parent or organisation use of the Website and all matters arising from such use.
4.3 A Player,Parent or organisation shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers postal address website address company names or any other contact information in messages posted by the Player,Parent or organisation on the Website or in messages sent to other Members.
4.4 A Player,Parent or organisation must not publish any defamatory or derogatory comments concerning a Coach on the Website or in any communications with other Members whether on the Website or through any other medium.
4.5 A Player,Parent or organisation acknowledges that an agreement is between a Coach and Player,Parent or organisation and Coachme are not a party to such Contract and are not responsible for the performance of the Coaches obligations nor for collecting and distributing payments from a Player,Parent or organisation to a Coach.
4.6 A Player,Parent or organisation hereby confirms that he is not less than eighteen years of age. Player,Parent or organisation who are less than 16 years of age may have their tuition requests closed and their membership terminated. |
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| 5 Miscellaneous |
5.1 The Members acknowledge the data supplied on the Website concerning distances between postcodes is calculated "as the crow flies" and no warranty is given concerning the same.
5.2 The Members acknowledge that Coachme may use data for statistical analysis and may provide this to interested third parties.
5.3 Members acknowledge the right of Coachme to restrict their access to the website for any period and if necessary permanently at the sole discretion of Coachme and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
5.4 The Members acknowledge that Coachme may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
5.5 No Member may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.
5.6 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
5.7 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
5.8 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
5.9 Members acknowledge that Coachme are not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
5.10 Members acknowledge that Coachme give no guarantee that the Website is free of viruses worms or any other form of harmful components.
5.11 The code, brand and intellectual property of the Coachme Website cannot be reused without AllsportsonesteLtd's written permission. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Coachme service (including the material which is contributed by Members) are owned by First Tutors. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Coachme service, or any of the material which is found on the Coachme service unless properly licensed to do so by us. Please see our Copyright Notice, which forms part of these Terms and Conditions.
_ By submitting any material to the content to the Coachme service, you:
_ are representing that you are fully entitled to do so;
_ grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
_ authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
5.12 Coachme do not guarantee to secure a Coach for a Player,Parent or organisation.
5.13 Coachme assume no responsibility for examination entry which is the sole responsibility of the Player,Parent or organisation.
5.14 Coachme accept no responsibility for any grade received by a Player,Parent or organisation or any consequence that examination grades entail.
5.15 The total liability in contract tort (including negligence or breach of statutory duty), in misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the price paid by the Member to Coachme under a Contract.
5.16 Non-excluded Liabilities. Nothing in these Terms and Conditions limits Coachme liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
5.17 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the Coachme service.
5.18 All Members acknowledge the right of Coachme at their discretion to vary the features of the Website and the Terms of use at anytime. Coachme reserves the right to change these Terms and Conditions with its Members from time to time, and post the new version on the Coachme service. When we do so, we notify Members of the fact that there are changed terms in the News section and post a link to the new Terms and Conditions there. These Terms and Conditions, and any new version of it in the future, takes effect immediately.
5.19. If a Coach or Player,Parent or organisation is asked for, and provides, details of a credit, debit or charge card, he/she must ensure that he is fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
5.20 As part of the registration process for the Coachme service, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow.
5.21 Privacy policy. Coachme's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Coachme service (including any which contain personal information) is, of course, accessible to internet users around the world.
5.22 Coachme's Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Coachme's service or outside of it. We only provide a venue where the Coachme Service may be accessed. In particular, you should be aware that Coachedoes not generally pre-screen or monitor the material contributed by Members.
5.23 Operation of Coachme services. Coachme reserves the right to withdraw or modify aspects of the Coachme service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Coachme service becomes inaccessible as a result of technical difficulties experienced by Coachme or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
5.24 Misuse of Coachme service. We reserve the right (a) to suspend or terminate any Member's access to the Coachme service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Coachme service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of these Terms and Conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Coachme service without our prior consent. You are responsible for everything which is done on or through the Coachme service while your Membership account is logged on to the Coachme service, or through your e-mail address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Coachme service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member or our staff and directors, whether or not through the Coachme service. For completeness, where we reserve a right in these Terms and Conditions, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Coachme service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
5.25 Alerting Coachme . If you see anything on the Coachme which appears to infringe these Terms and Conditions, then please contact us to inform us of it. We do not generally monitor material contributed by Members before it is placed on the Coachme service and so we are reliant upon users to point out any which infringes these Terms and Conditions.
5.26 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Coachme service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Coachme service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Coachme service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach these Terms and Conditions, using the notification techniques which are made available on the Coachme service.
5.27 Disclaimer and Release. Coachme has no control over or responsibility for the truth or accuracy of any material available on the Coachme service, whether provided by Members or others.
_ If any third party sites are linked to from the Coachme service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
_ You should exercise no lesser degree of caution in appraising what you see on the Coachme service than you do offline.
_ Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
_ Your use of the Coachme service is entirely at your own risk.
_ Accordingly, to the extent that the law permits, you release Coachme its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Coachme service and the material included here by Members and other third parties.
5.28 Entire Terms and Conditions. These Terms and Conditions include our privacy policy, website disclaimer and copyright notice. Together they contain the whole of the agreement between us and you concerning the Coachme service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
_ 5.29 Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
_ 5.30 These Terms will be subject to English Law and the jurisdiction of English Courts. |
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