Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using CaseCoach, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and CaseCoach (as defined below) governing your access to and use of the CaseCoach website and all associated services (collectively, “CaseCoach Services”).
When these Terms mention “CaseCoach,” “we,” “us,” “our,” or “its,” it refers to CaseCoach Ltd, Centaur House, Ancells Road, Fleet, GU51 2UJ, UK.
1. Scope of CaseCoach Services
1.1. Online Marketplace
1.1.1. CaseCoach operates an online marketplace (“CaseCoach.com”) that enables certain third parties who offer services (“Coaches”) to publish such Coaching Services on CaseCoach (“Coaching Services”) and registered users (“Candidates”) to book such Coaching Services. Coaches and Candidates communicate and transact directly.
1.1.2. Candidates may pay for an individual Coaching Service offered by a Coach (“Single Purchase”).
1.1.3. Candidates may pay for a number of hours of certain eligible Coaching Services as a single transaction (“Package Purchase”). Such Candidates will receive a Coaching Coupon that may be redeemed with eligible Coaches as specified with the Coaching Coupon.
1.1.4. Coaching Services purchased and paid on CaseCoach.com are not owned, created, sold, resold, provided, controlled, managed, offered, delivered or supplied by CaseCoach. When Candidates and Coaches make or accept a booking, they are entering into a contract directly with each other. CaseCoach is not and does not become a party to or other participant in any contractual relationship between Coaches and Candidates. CaseCoach is not acting as an agent in any capacity for any Coach, except as specified in the Payments Terms.
1.1.5. While we may help facilitate the resolution of disputes, CaseCoach has no control over and does not guarantee (i) the quality, safety, suitability, or legality of any Coaching Services, (ii) the truth or accuracy of any Coaching Service descriptions, Ratings, Reviews, or Comments, or (iii) the performance or conduct of any Candidate or Coach.
1.2. Online Courses
1.2.1. CaseCoach sells a variety of online courses (“Online Courses”) that Candidates can purchase.
1.2.2. Upon purchase of a Course by a Candidate, Permission is granted to temporarily download one copy of any downloadable materials on the course’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title.
1.2.3. This license shall automatically terminate if the Candidate violates any of the restrictions outlined in these Terms of Service and may be terminated by CaseCoach at any time. Upon terminating your viewing of these materials or upon the termination of this license, the candidate must destroy any downloaded materials in their possession whether in electronic or printed format.
1.3. Bulk Services
1.3.1. CaseCoach may resell Coaching Services offered by Coaches and Online Courses to institutional clients (“Clients”).
1.3.2. Specific Terms or Contracts applicable to Coaches for the provision of Coaching Services resold by CaseCoach may be agreed with such Coaches. Such Terms supercede the Terms specific for Coaches described in Section 7 of These Terms.
1.3.3. Clients may provide a Coaching Coupon free of charge to a third-party individual (“Coaching Invitation”). Such Coaching Coupon may be redeemed on CaseCoach.com with eligible Coaches for eligible Coaching Services.
2. Eligibility, Using CaseCoach, User Verification
2.1. CaseCoach may make access to and use of CaseCoach.com, or certain areas or features of CaseCoach.com, subject to certain conditions or requirements, such as meeting specific eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.2. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Candidate or Coach’s identity.
3. Modification of these Terms
3.1. CaseCoach reserves the right to modify these Terms at any time. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of CaseCoach will constitute acceptance of the revised Terms.
4. Account Registration
5.1. CaseCoach and CaseCoach Services may in their entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom. You acknowledge and agree that, including all associated intellectual property rights, are the exclusive property of CaseCoach.
5.2. You will not remove, alter or obscure any copyright, trademark, logo, proprietary rights notices or source identifiers in or accompanying CaseCoach content.
5.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit CaseCoach content, except as expressly permitted in these Terms.
5.4. Subject to your compliance with these Terms, CaseCoach grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any content made available on or through CaseCoach and accessible to you, solely for your personal and non-commercial use.
5.5. By uploading, posting or otherwise making available any content on or through CaseCoach, you grant to CaseCoach a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote CaseCoach, in any media or platform.
5.6. You are solely responsible for all content that you make available on or through CaseCoach. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all content that you make available on or through CaseCoach; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7. You will not post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, or misleading (directly or by failure to update information); (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is threatening to any other person; (v) promotes illegal or harmful activities; or (vi) violates any CaseCoach policy.
5.8. You acknowledge that CaseCoach has no general obligation to monitor Coach content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any content made available on CaseCoach.
5.9. CaseCoach respects copyright law and expects its Coaches and Candidates to do the same. If you believe that any content on CaseCoach infringes copyrights you own, please notify us.
6. Service Fees applicable to Single Purchases and Package Purchases
6.1. CaseCoach may charge fees to Coaches (“Intermediation Fees”) and/or Candidates (“Booking Fees”) (collectively, “Service Fees”) in consideration for the use of CaseCoach.com.
6.2. Any applicable Service Fees will be displayed to a Coach or Candidate prior to publishing or booking a Coaching Service. CaseCoach reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3. You are responsible for paying any Service Fees that you owe to CaseCoach. The applicable Service Fees (including any applicable Taxes) are collected by CaseCoach. CaseCoach will deduct any Intermediation Fees before remitting the payout to the Coach. Any Booking Fees are included in the Total Price collected by CaseCoach. Except as otherwise provided on CaseCoach, Booking Fees are non-refundable.
7. Terms specific for Coaches
7.1. If you choose to use CaseCoach.com as a Coach, your relationship with CaseCoach is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of CaseCoach for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of CaseCoach. CaseCoach does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Coaching Services. You acknowledge that you have complete discretion whether to request the listing of your Coaching Services or otherwise engage in other business or employment activities.
7.2. When listing a Coaching Service through CaseCoach you must provide complete and accurate information (such as service description, instructions and calendar availability), and disclose any restrictions and requirements that apply. You are responsible for keeping your Coaching Service information (including calendar availability) up-to-date at all times.
7.3. Coaching Price
7.3.1. You are responsible for setting a price for your Coaching Service (“Coaching Price”) applicable to Single Purchases. You can do so in your CaseCoach Account. CaseCoach may set a minimum Coaching Price for each Coaching Service.
7.3.2. CaseCoach is responsible for setting a price for your Coaching Service (“Coaching Price”) applicable to Package Purchases. Such Coaching Price will be shared with a Coach before such Coach’s Coaching Services are published.
7.3.3. Once a Candidate requests a booking of your Coaching Service, you may not request that the Candidate pays a higher price than the Coaching Price.
7.4. When you confirm a booking requested by a Candidate, you are entering into a legally binding agreement with the Candidate and are required to provide your Coaching Service to the Candidate as described when the booking request is made. You also agree to pay the applicable Intermediation Fee and any applicable Taxes.
7.5. Payment Terms
7.5.1. You hereby appoints CaseCoach as your payment collection agent solely for the limited purpose of accepting funds from Candidates making Single Purchases or Package Purchases.
7.5.2. You are responsible for providing your payment account details, billing information and the currency in which you want to be paid (“Coach Currency”) in your CaseCoach Account, and for keeping such details and information up-to-date and accurate at all times.
7.5.3. You will receive one payment for all your Coaching Services that have been completed in a given month by the end of the following month (“Monthly Payout”). You will receive your Monthly Payout on the bank account you provided and in the currency you chose in your CaseCoach Account.
7.5.4. The amount paid out to the Coach (“Payout”) for one Coaching Service is calculated as follows: Payout = Coaching Price * (1 – Intermediation fee). Example: Coaching Service with Candidate A, Coaching Price of £300, Intermediation fee of 33%. Payout = £300* (1 – 0.33) = £201
7.5.5. The Coaching Prices applicable to Package Purchases are set in GBP. If your Coach Currency is not GBP, such Coaching Prices will be converted to the Coach Currency at the exchange rate at the moment when the Package Purchase was paid. Exchange rates are set by CaseCoach.
7.6. You are solely responsible for determining your obligations to report, collect, remit or include in your Coaching Prices any applicable VAT or other indirect sales taxes or income taxes (“Taxes”).
7.7. You authorize CaseCoach to issue invoice for your Coaching Services on your behalf.
7.8. For a Coaching Service delivered in person and booked as part of a Coaching Package, you will be entitled to claim reimbursement for non-alcoholic beverage expenses incurred during the delivery of the Coaching Service, for 12.5% of the Coaching Price (including any applicable Taxes). You will need to invoice CaseCoach for those expenses.
7.9. CaseCoach recommends that Coaches obtain appropriate insurance for their Coaching Services. Please review whether or not your insurance policy will cover the actions or inactions of Candidates while participating in your Coaching Service.
8. Terms specific for Candidates
8.1. You can book a Coaching Service available on CaseCoach by following the respective booking process. The Total Price, inclusive of the Coaching Price, Booking Fee and any applicable Taxes will be presented to you prior to booking a Coaching Service. You agree to pay the Total Price for any booking requested in connection with your CaseCoach Account.
8.2. Upon receipt of a booking confirmation from CaseCoach, a legally binding agreement is formed between you and your Coach. CaseCoach will collect the Total Price at the time of purchase.
9. Booking Rescheduling, Cancellation and Refund Policy
9.1. Candidates and Coaches may cancel or ask to reschedule a confirmed Coaching Service at any time.
9.2. If a Candidate or a Coach asks to reschedule a Coaching Service but a new time and date are not confirmed, such Service is deemed to have been canceled by the Candidate or Coach who requested the rescheduling.
9.3. Cancellation and Refund Policies for Candidates
9.3.1. If you cancel a confirmed booking within the hour before the Coaching Service is due to be delivered, you won’t receive a refund and the Coaching Service will be deemed completed.
9.3.2. If you cancel a Coaching Service more than one hour before such Coaching Service is due to be delivered, you will receive a Coaching Coupon that may be redeemed for eligible bookings via CaseCoach as specified with the Coaching Coupon.
9.3.3. You can request a refund for unused Coaching Coupon(s).
18.104.22.168. For a Single Purchase, the amount of the refund will equal to the Coaching Price paid by the Candidate. Booking Fees are non-refundable.
22.214.171.124. For a Package Purchase, the amount of the refund will equal to the Total Price paid by the candidate minus the Total Price that the candidate would have paid to purchase the Coaching Services already completed outside of the Package Purchase.
9.4. Cancellation Policy for Coaches
9.4.1. If a Coach cancels a confirmed booking, the Candidate will receive a Coaching Coupon that may be redeemed for eligible bookings via CaseCoach as specified with the Coaching Coupon. In some instances, CaseCoach may allow a full refund for such booking. Further, CaseCoach may publish a review on the Coaching Service cancelled by the Coach indicating that a booking was cancelled.
9.4.2. CaseCoach may impose a cancellation fee of 50% of the Coaching Price if a Coach cancels a Coaching Service less than an hour before such Coaching Service is due to be delivered or fails to deliver the Coaching Service as confirmed. CaseCoach may subtract such cancellation fee from any future Monthly Payouts due to the Coach.
9.5. CaseCoach may cancel a pending or confirmed booking on behalf of a Coach or Candidate and initiate corresponding refunds and payouts.
9.6. CaseCoach may decide, for any reason, to refund a completed Coaching Service to a Candidate. CaseCoach will be entitled to recover the amount of any such refund from the Coach, including by subtracting such refund amount out from any future Monthly Payouts due to the Coach.
9.7. If a Candidate receives a refund after the Coach has already been paid, CaseCoach will be entitled to recover the amount of any such refund from the Coach, including by subtracting such refund amount out from any future Monthly Payouts due to the Coach.
10. Refund Policy applicable to CaseCoach’s Online Courses
10.1. Candidates who purchased Online Course(s) and have downloaded less than 12 PDF cases from the Course(s) can ask for a full refund if they are not satisfied with the Course(s). Candidates must do this request by emailing firstname.lastname@example.org within 24 hours after completing the purchase.
10.2. CaseCoach may ask the Candidates to give reasons for such a request.
10.3. As per the Term 1.2.3 of these Terms, Candidates who obtained a full refund must destroy any downloaded materials in their possession whether in electronic or printed format.
11. Ratings and Reviews
11.1. After completing a Coaching Service, Candidates can leave a public review (“Review”) and submit a star rating (“Rating”) about Coaches. Ratings or Reviews reflect the opinions of individual Candidates and do not reflect the opinion of CaseCoach. Ratings and Reviews are not verified by CaseCoach for accuracy and may be incorrect or misleading.
11.2. Ratings and Reviews by Candidates must be accurate and may not contain any offensive or defamatory language.
11.3. Coaches and Candidates are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about a Coach.
11.4. Ratings and Reviews are part of a Coach’s public profile and may also be surfaced elsewhere on CaseCoach together with other relevant information such as number of bookings, number of cancellations, and other information.
12. Prohibited Activities
12.1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of CaseCoach. In connection with your use of CaseCoach, you will not and will not assist or enable others to:
12.1.1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
12.1.2. unless CaseCoach explicitly permits otherwise, book any Coaching Service if you will not actually be using the Coaching Services yourself;
12.1.3. contact a Coach or a Candidate for any purpose other than asking a question related to your own booking or Coaching Service, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
12.1.4. use CaseCoach to request, make or accept a booking independent of CaseCoach, to circumvent any Service Fees or for any other reason;
12.1.5. request, accept or make any payment for Coaching Services outside of CaseCoach.
12.1.6. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
12.1.7. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CaseCoach or to protect CaseCoach;
12.1.8. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of CaseCoach.
12.2. If you feel that any Coach or Candidate you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CaseCoach by contacting us on email@example.com. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1. This Agreement shall be effective until such time when you or CaseCoach terminate the Agreement in accordance with this provision.
13.2. You may terminate this Agreement at any time by sending us an email. If you cancel your CaseCoach Account as a Coach, any confirmed booking(s) will be automatically cancelled and the corresponding Candidates will receive a full refund. If you cancel your CaseCoach Account as a Candidate, any confirmed booking(s) will be automatically cancelled and you will receive refunds as described in the Cancellation and Refund Policies.
13.3. CaseCoach may terminate this Agreement /or stop providing access to CaseCoach for convenience at any time, without notice, via email to your registered email address.
13.4. In addition, CaseCoach may take any of the following measures:
13.4.1. refuse to surface, delete or delay any Coaching Services, Ratings, Reviews, or other Member Content;
13.4.2. cancel any pending or confirmed bookings;
13.4.3. limit your access to or use of CaseCoach;
13.4.4. temporarily or permanently revoke any special status associated with your CaseCoach Account.
13.5. If we take any of the measures described above (i) we may refund Candidates in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.1. CaseCoach is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service. The liability of CaseCoach to any Candidate or Coach for any claim arising out of or in connection with this agreement will not exceed the Service Fees retained by CaseCoach with respect to Coaching Services in which Candidate or Coach was involved during the six-month period preceding the date of the claim.
15.1. To the maximum extent permitted by applicable law, you agree to release, defend (at CaseCoach’s option), indemnify, and hold CaseCoach, including but not limited to, CaseCoach, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of CaseCoach or any CaseCoach Services, (iii) your interaction with any Candidate or Coach, participation in a Coaching Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or participation (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
16. Applicable Law and Jurisdiction
16.1. These Terms are governed by and construed in accordance with the laws of England and Wales.
17. General Provisions
17.1. Except as per the Term 1.3.2 of these Terms and as they may be supplemented by additional terms, policies or guidelines, these Terms constitute the entire Agreement between CaseCoach and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CaseCoach and you in relation to the access to and use of CaseCoach.
17.2. No joint venture, partnership, employment, or agency relationship exists between you and CaseCoach as a result of this Agreement or your use of CaseCoach.
17.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17.4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.5. CaseCoach’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CaseCoach’s prior written consent.
17.7. If you have any questions about these Terms please email us at firstname.lastname@example.org.