The Online Coach Terms and Conditions

Background

This agreement applies as between you, the User of this Web Site and The Online Coach, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"The Online Coach Limited"

means The Online Coach Limited, 3rd Floor, 14 Hanover Street, London, W1S 1YH

"Service"

means collectively any online facilities, tools, services or information that The Online Coach makes available through the Web Site either now or in the future;

"Services"

means the services available to you through this Web Site, specifically the provision of self-coaching content.

"Payment Information"

means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises"

means our place(s) of business located at 3rd Floor, 14 Hanover Street, London, W1S 1YH;

"System"

means any online communications infrastructure that The Online Coach Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Web Site and is not employed by The Online Coach Limited and acting in the course of their employment; and

"Web Site"

means the website that you are currently using https://www.theonlinecoach.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.

Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3.

Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4.

Intellectual Property

4.1

Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Online Coach Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Online Coach Limited.

5.

Third Party Intellectual Property

5.1

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.

Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Online Coach Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://www.theonlinecoach.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Online Coach Limited. To find out more please contact us by email at enquiries@theonlinecoach.co.uk

9.

Use of Communications Facilities

9.1

When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1

You must not use obscene or vulgar language;

9.1.2

You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3

You must not submit Content that is intended to promote or incite violence;

9.1.4

It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

9.1.5

The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6

You must not impersonate other people, particularly employees and representatives of The Online Coach Limited or our affiliates; and

9.1.7

You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

9.2

You acknowledge that The Online Coach Limited reserves the right to monitor any and all communications made to us or using our System.

10

Accounts

10.1

In order to procure Services on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

10.1.1

all information you submit is accurate and truthful;

10.1.2

you have permission to submit Payment Information where permission may be required; and

10.1.3

you will keep this information accurate and up-to-date.

10.2

It is recommended that you do not share your Account details, particularly your username and password. The Online Coach Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3

If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Online Coach Limited immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, [The Online Coach Limited accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR The Online Coach Limited will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment].

10.4

When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11

Termination and Cancellation

11.1

Either The Online Coach Limited or you may terminate your Account. If The Online Coach Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2

If The Online Coach Limited terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

11.3

The Online Coach Limited reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

11.4

If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases

11.5

If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

12

Services, Pricing and Availability

12.1

Whilst every effort has been made to ensure that all descriptions of Services available from The Online Coach Limited correspond to the actual Services, The Online Coach Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

12.2

Where appropriate, you may be required to select the required package of Services.

12.3

The Online Coach Limited does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site.

12.4

All pricing information on the Web Site is correct at the time of going online. The Online Coach Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5

In the event that prices are changed during the period between an order being placed for Services and The Online Coach Limited processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.

12.6

All prices on the Web Site do not include VAT.

13

Provision of Services

13.1

Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

13.2

The Online Coach Limited shall use its best endeavours to provide the Services with reasonable skill and care.

13.3

Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

13.4

In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. The Online Coach Limited will ensure that any necessary corrections to the Services provided are made within 7 working days.

13.5

The Online Coach Limited reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

13.5.1

Any use or enjoyment that you may have already derived from the Services;

13.5.2

Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of The Online Coach Limited.

Such discretion to be exercised only within the confines of the law.

14

Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

15

Disclaimers

15.1

The Online Coach Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

15.2

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

15.3

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

16

Changes to the Service and these Terms and Conditions

The Online Coach Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The Online Coach Limited is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Online Coach Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18

Limitation of Liability

18.1

To the maximum extent permitted by law, The Online Coach Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

18.2

Nothing in these Terms and Conditions excludes or restricts The Onine Coach Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of The Online Coach Limited.

18.3

Nothing in these Terms and Conditions excludes or restricts The Online Coach Limited’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

18.4

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@theonlinecoach.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22

Law and Jurisdiction

These terms and conditions and the relationship between you and The Online Coach Limited shall be governed by and construed in accordance with the Law of England and Wales and The Online Coach Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

The Online Coach Disclaimer

Information Provider (Commercial) Suitable for online information providers supplying information for commercial purposes / for use in the course of business.

1.1

The Online Coach Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

1.2

Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, The Online Coach Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

1.3

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

1.4

Commercial use of the information on this Web Site is permitted, however The Online Coach Limited makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

1.5

Whilst every effort has been made to ensure that all descriptions of services available from The Online Coach Limited correspond to the actual services available, The Online Coach Limited is not responsible for any variations from these descriptions.

The Online Coach Refunds Policy

1.

The Online Coach Limited aims to always provide high quality Material that is fault free. On occasion however, Material may contain faults. Refunds are governed by these Terms and Conditions:

1.1

These Terms and Conditions cover only faults that impair the use of the Material. This includes, but is not limited to, data corruption.

1.2

These Terms and Conditions do not cover use difficulties arsing out of issues such as file incompatibility or minor mistakes in the Material itself such as spelling errors or graphical faults that do not result from data corruption.

1.3

If Material contains faults on download, you should inform The Online Coach Limited immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of The Online Coach Limited’s management.

1.4

If you change your mind and decide that you no longer require the Material you have purchased, refunds will be available at the exclusive discretion of The Online Coach Limited’s management.

1.5

In the event that the incorrect Material is downloaded due to an error on the part of The Online Coach Limited, you should inform us immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of The Online Coach Limited’s management.

1.6

Where any refund is issued, you are required to delete and / or destroy any copies of the Material, electronic or otherwise. Any other works into which the Material has been integrated must have the Material removed from them or, where this is not possible, be deleted and / or destroyed themselves. Failure to do so will result in you being in breach of the Licence under which you purchased the Material.

1.7

If you wish to request a refund for any of the above reasons, please contact us at enquiries@theonlinecoach.co.uk to make the appropriate arrangements.

The Online Coach Terms of Busness

1.

Use of Communications Facilities and Content Submission

1.1

When using the The Online Coach Limited website Forum and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:

1.1.1

you must not use obscene or vulgar language;

1.1.2

you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

1.1.3

you must not submit Content that is intended to promote or incite violence;

1.1.4

it is advised that posts on message boards, chat facilities or similar and communications with The Online Coach Limited are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

1.1.5

content submissions are required to be made using the English language. Content in any other language may be removed at our sole discretion;

1.1.6

you must not post links to other web sites containing any of the above types of Content;

1.1.7

the means by which you identify yourself must not violate these terms of use or any applicable laws;

1.1.8

you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

1.1.9

you must not impersonate other people, particularly employees and representatives of The Online Coach Limited or our affiliates;

1.1.10

you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

1.1.11

you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

1.2

You acknowledge that The Online Coach Limited reserves the right to monitor any and all communications made to us or using our System.

1.3

In order to use the Online Coach Limited forums and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:

1.3.12

any information you submit is accurate and truthful; and

1.3.13

you will keep this information accurate and up-to-date.

1.4

By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant The Online Coach Limited a licence to modify the Content as necessary for its inclusion on the Web Site. The Online Coach Limited accepts no responsibility or liability for any infringement of third party rights by such Content

1.5

Unless a User informs The Online Coach Limited otherwise, in advance of posting, in writing, and The Online Coach Limited agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as The Online Coach Limited may deem appropriate under a royalty-free, perpetual basis.

1.6

The Online Coach Limited will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.

1.7

1.7 Content submitted by Users is not screened by The Online coach Limited prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to enquiries@theonlinecoach.co.uk This does not constitute an undertaking to explain our actions.