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. Coaching services
1.1.1. CaseCoach sells a variety of Coaching Services (“Coaching Services”) that registered users (“Candidates”) can purchase on CaseCoach.com.
1.1.2. Coaching Services are delivered by certain third parties (“Coaches”) on behalf of CaseCoach.
1.1.3. Candidates may purchase an individual Coaching Service with a specific Coach (“Single Purchase”) or for a number of hours of certain eligible Coaching Services as a single transaction (“Package Purchase”) by following the respective purchasing process.
1.1.4. The Total Price will be presented to the Candidate prior to the purchase. The Candidate agrees to pay the Total Price for purchase made in connection with their CaseCoach Account.
1.1.5. Upon receipt of purchase receipt from CaseCoach, a legally binding agreement is formed between the Candidate and CaseCoach. CaseCoach will collect the Total Price at the time of purchase.
1.1.6. Candidates who made a Package Purchase will receive a Coaching Coupon that may be redeemed with eligible Coaches as specified with the Coaching Coupon.
1.1.7.CaseCoach does not guarantee (i) the availability, quality, or suitability of any Coaching Services, (ii) the truth or accuracy of any Ratings, Reviews, or Comments, or (iii) the performance or conduct of any Coach.
1.1.8. If you choose to use CaseCoach.com as a Coach, you must agree to specific terms or contracts for the provision of Coaching Services with CaseCoach. Where the provisions of such terms and contracts are inconsistent with these Terms, such terms and contracts shall prevail.
1.2. Online Courses
1.2.1. CaseCoach sells a variety of online courses (“Online Courses”) that Candidates can purchase on CaseCoach.com.
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 the termination or expiry of this license, the candidate must destroy any downloaded materials in their possession whether in electronic or printed format.
1.3. Institutional Services
1.3.1. CaseCoach may sell Coaching Services and Online Courses to institutional clients (“Clients”).
1.3.2. Specific terms or contracts applicable to Institutional Clients may be agreed upon. Where the provisions of such terms and contracts are inconsistent with these Terms, such terms and contracts shall prevail.
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
4.1. You must create an account (“CaseCoach Account”) to access and use certain features of CaseCoach.com, such as publishing or booking a Coaching Service, or purchasing a Course.
4.2. You must provide accurate, current, and complete information during the registration process and keep your CaseCoach Account information up-to-date at all times.
4.3. You may not register more than one (1) CaseCoach Account unless CaseCoach authorizes you to do so. You may not assign or otherwise transfer your CaseCoach Account to another party.
4.4. You are responsible for maintaining the confidentiality and security of your CaseCoach Account credentials and may not disclose your credentials to any third party. You must immediately notify CaseCoach if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised. You are liable for any and all activities conducted through your CaseCoach Account.
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 content made available by Coaches or Candidates on CaseCoach nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit such content.
5.9. CaseCoach respects copyright law and expects Coaches and Candidates to do the same. If you believe that any content on CaseCoach infringes copyrights you own, please notify us.
6. Booking Rescheduling, Cancellation, and Refund Policy
6.1. Candidates and Coaches may cancel or ask to reschedule a confirmed Coaching Service at any time.
6.2. 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.
6.3. Cancellation and Refund Policies for Candidates
6.3.1. 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.
6.3.2. 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.
6.3.3. You can request a refund for unused Coaching Coupon(s), within 12 months of purchase. For a Single Purchase, the amount of the refund will equal the Total Price paid by the Candidate. For a Package Purchase, the amount of the refund will equal the Total Price paid by the candidate minus the Total Price that the candidate would have paid to purchase the Coaching Services already completed.
7. Refund Policy applicable to CaseCoach’s Online Courses
7.1. Candidates who purchased Online Course(s) can ask for a full refund if they are not satisfied with the Course(s) and have downloaded less than 12 of our PDF cases. Candidates must do this request by emailing firstname.lastname@example.org within 24 hours after completing the purchase.
7.2. CaseCoach may ask the Candidates to give reasons for such a request.
7.3. As per clause 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.
8. Ratings and Reviews
8.1. Candidates can leave a public review (“Review”) and submit a star rating (“Rating”) about Coaching Services and Online Courses. 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.
8.2. Ratings and Reviews by Candidates must be accurate and may not contain any offensive or defamatory language.
8.3. 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.
8.4. 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.
9. Prohibited Activities
9.1. 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:
9.1.1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
9.1.2. unless CaseCoach explicitly permits otherwise, book any Coaching Service if you will not actually be using the Coaching Services yourself;
9.1.3. 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;
9.1.4. use CaseCoach to request, make or accept a booking independent of CaseCoach;
9.1.5. request, accept or make any payment for Coaching Services outside of CaseCoach;
9.1.6. 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;
9.1.7. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CaseCoach or to protect CaseCoach;
9.1.8. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of CaseCoach.
9.2. If you feel that any Coach or Candidate you interact with 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).
10. Term and Termination, Suspension and other Measures
10.1. This Agreement shall be effective until such time when you or CaseCoach terminate the Agreement in accordance with this provision.
10.2. 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.
10.3. 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.
10.4. In addition, CaseCoach may take any of the following measures:
10.4.1. refuse to surface, delete or delay any Coaching Services, Ratings, Reviews, or other Member Content;
10.4.2. cancel any pending or confirmed bookings;
10.4.3. limit your access to or use of CaseCoach;
10.4.4. temporarily or permanently revoke any special status associated with your CaseCoach Account.
11.1. 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.
12.1. 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.
13. Applicable Law and Jurisdiction
13.1. These Terms are governed by and construed in accordance with the laws of England and Wales.
14. General Provisions
14.1. Except as per clauses 1.1.8 and 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.
14.2. No joint venture, partnership, employment, or agency relationship exists between you and CaseCoach as a result of this Agreement or your use of CaseCoach.
14.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
14.4. 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.
14.5. 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.
14.6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CaseCoach’s prior written consent.