Terms and Conditions

GetCoaching Inc. Terms of Service Effective Date: April 1, 2017

The website operated at getcoaching.ca, and any other subsidiary websites, and related services (collectively, the "Platform"), is owned and operated by GetCoaching, Inc. (collectively, “GetCoaching”, “Company”, “we”, “us”, “our”), a company incorporated under the laws of the Province of Ontario, Ontario Corporation Number 002545908.

GetCoaching provides an online platform that connects individuals seeking athletic training (“Client”, “Clients”) with various sports coaches and instructors (“Service Provider”, “Service Providers”) so that Service Providers can offer training services (“Coaching Services”) to Clients.

The Terms constitute an agreement (collectively, the “Agreement”) between GetCoaching and you, the person accessing or using the Platform (Clients and Service Providers collectively, "You" or "User"). By accessing or using the Platform, you are deemed to have read these Terms, and understand and agree to be bound by this Agreement. If you do not accept this Agreement in its entirety, you may not access or use the Platform.

By accessing or using the Platform, you agree that you are at least 13 years old, and that if you are between 13 years and 18 years old, your parent or legal guardian has reviewed this Agreement, and agrees to the Terms on your behalf.

If you are accessing or using the Platform on behalf of another person or entity, you represent and warrant that you have authority to bind such person or entity to this Agreement, and that such person or entity is responsible for any breach of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

 

1. Description of Services
1.1 Overview
GetCoaching provides a venue that enables Clients, based on their location, training preferences and/or needs, to search for appropriate Service Providers and schedule one or more training sessions with them. Service Providers include, but are not limited to, Instructors, Competition Coaches, Registered Coaches, Chartered Professional Coaches, Strength and Conditioning Specialists, and Personal Trainers.

Service Providers must apply to be on the Platform, and in the process, create their professional profiles on the Platform. Once Service Providers have been approved by GetCoaching, their profiles will appear on the Platform for Clients to learn about their Coaching Services. GetCoaching also facilitates communication (initial and ongoing) between Clients and Service Providers through the Platform.

GetCoaching does not in any way endorse or recommend any Users, marketed or otherwise accessible through the Platform. We do not verify, review, evaluate, interview, screen or perform any background checks on any Users or the content posted by Users on the Platform, except as otherwise expressly stated in this Agreement or on the Platform. You should exercise caution and perform your own screening before connecting or meeting with any other User through our Platform, or entering into a contract or agreement with any other User, or selecting a Service Provider and Coaching Service.

1.2 Eligibility

To be eligible to access or use the Platform, you represent and warrant that you are thirteen (13) years of age or older, and that if you are between the ages of 13 and 18, you have obtained the consent of your parent or legal guardian to this Agreement. Make sure you review these terms with your parent or legal guardian so that you both understand all your rights and responsibilities. If necessary, we may ask you for proof of your age. If you are unable to provide proof of your age, we reserve the right, at our sole discretion, to halt your account or usage of the Platform.

1.3 User Accounts
To access or use certain areas and features of our Platform, you will need to register for an account through the Platform (“Account”). You will be asked to provide your full name, a valid email address, phone number, postal code, and any other information indicated as required, as well as to choose a password. In connection with any future use, you may be asked to input your email address and password from time to time. You acknowledge that we will use the email address you provide as the primary method for communication.

As a registered User, you agree to provide us with current, complete and accurate information about you, and to maintain and update such information as necessary to keep it current, complete and accurate. We do not take responsibility for ensuring its accuracy. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you are responsible for all activities and actions that occur under your Account. We will not be liable for any loss or damage arising from your failure to maintain the security of your Account and password. You agree to immediately notify us of any unauthorized use of your or any other breach of security.

You should not register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity). We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

Accounts for Service Providers
In order to join GetCoaching as a Service Provider, you need to register for an Account and create a profile. In addition to providing certain personal information, you must provide profile information regarding your professional qualifications and certifications (if any), post-secondary education (if any), the training services you offer and pricing for such services, and your schedule availability, among other information. Once we have vetted and approved you as a Service Provider on the Platform, your profile will be available for viewing on the Platform for Users who are seeking Coaching Services. Further, you can then provide additional profile information which may be helpful in maximizing the benefit you receive from the Platform.

We recognize the importance of responsible and ethical coaching, and we are committed to ensuring the safety of Clients. Beyond our Service Providers' athletic, coaching and academic qualifications, we require every Service Provider to provide a background check, ensuring that GetCoaching is a safe and secure platform. If a Service Provider does not have a valid and recent background check, we have partnered with Sterling Talent Solutions to provide an online, secure, and convenient way for a Service Provider to obtain an Enhanced Police Information Check (E-PIC) at a low price of CDN$25 (+tax), with results back in 1 business day.

You agree that from time to time, we may (directly or indirectly through a third party chosen by GetCoaching) conduct a periodic audit on the accuracy of your profile or your service offerings, in order to ascertain whether you have complied with, and are complying with, the registration and ongoing requirements of being a Service Provider on GetCoaching.

1.4 Independent Contractor Status
As a Client, you acknowledge and agree that your relationship to GetCoaching is that of an independent contractor and customer receiving professional services, and that (a) you have no authority to act on behalf of GetCoaching; (b) GetCoaching does not, in any way, supervise, direct, or control the performance of the Service Providers or the Coaching Services by Service Providers; and (c) GetCoaching is not a party to any relationship, agreement, contract or transaction you may enter into with Service Providers, and will not have any liability or obligations whatsoever for any controversies, claims, suits, injuries, loss, harm or damages under any such relationship, agreement, contract or transaction. You are ultimately responsible for selecting your own Service Provider. We encourage you to discuss and verify any credentials or profile information directly with a Service Provider before your first session, during your first session, or thereafter.

As a Service Provider, you acknowledge and agree that your relationship to GetCoaching is that of an independent contractor and vendor rendering professional services, and that (a) you have no authority to act on behalf of GetCoaching; (b) GetCoaching does not, in any way, supervise, direct, or control your performance of Coaching Services; and (c) GetCoaching is not a party to any relationship, agreement, contract or transaction you may enter into with Clients, and will not have any liability or obligations whatsoever for any controversies, claims, suits, injuries, loss, harm or damages under any such relationship, agreement, contract or transaction.

GetCoaching does not screen Clients, and we have no control over, or responsibility for, the actions or omissions of Clients. In no event will GetCoaching be liable to you or anyone else for any action or failure to act by a Client, a decision made or action taken by you in reliance on any information obtained or received through the Platform from a Client.

You acknowledge that GetCoaching has no special relationship with, or fiduciary duty to, you. You also acknowledge that GetCoaching has no control over, and no duty to take any action regarding which Users gain access to the Platform, what content you access via the Platform, what effect the information received from the Platform will have on you or others, or how you may interpret or use the content of the Platform.

1.5 Scheduling of Coaching Services
GetCoaching does not provide or perform Coaching Services. We facilitate the scheduling of training sessions for Clients with Service Providers. Not all the available Coaching Services provided by Service Providers through the Platform will be appropriate for Clients, and therefore, GetCoaching makes no claims about the efficacy of any particular Service.

As a Client, when making a request for Coaching Services, you are solely responsible for confirming the accuracy of all information provided, including responses to training questions (if applicable), and the training session type requested. By submitting a session request, you agree you will pay the Service Provider for all Coaching Services requested (including the rate and taxes set by the Service Provider, as applicable). Each request is limited to one Coaching Service. If you wish to obtain training in more than one sport or activity, you must make a separate request. Clients and Service Providers transact solely between themselves, we do not facilitate payment for such sessions. Clients are required to make payments directly (outside of the Platform) to Service Providers for sessions they book through the Platform.

GetCoaching has no control over, and cannot guarantee, the availability or performance of any Service Provider at any particular time, or any aspect whatsoever relating to the identification, request, or provision of Coaching Services related, directly or indirectly, to our Platform. GetCoaching will not be liable for cancelled or otherwise unfulfilled sessions, or any injury resulting therefrom. As well, GetCoaching cannot guarantee or control the availability of any Client at any particular time. GetCoaching will not be liable for cancelled or otherwise unfulfilled sessions, or any damages resulting therefrom, unsuccessful payments or costs of any kind related to cancelled or missed sessions. GetCoaching reserves the right, in its sole discretion, to cancel a session booking made via the Platform.

Service Provider Rates
Pricing of Coaching Services for Clients is set by Service Providers, and is not the responsibility of GetCoaching. As a Service Provider, you agree that the rates charged to Clients for your Coaching Services on the Platform will be equal to, or less than, the rates for the same or very similar services you charge other clients who did not, or do not come to you initially through GetCoaching. The correct application of the appropriate taxes is the sole responsibility of the Service Provider.

2. Fees and Payment Terms
2.1 Client Fees
As a Client, your use of the Platform is free of charge. However, we reserve the right to introduce a fee for the use of the Platform, or implement charges for features of the Platform upon no less than 30 days’ notice. If we decide to introduce such a fee, we will inform you accordingly in advance, and allow you to either continue or terminate your use of the Platform. Any revised fees will take effect 30 days from the date of posting to the Platform, or notification to your Account. If you choose to terminate your Account after notification of any new or additional fees, you must do so before the 30 day period, after which such charges will be applied to your Account, if applicable.

2.2 Service Provider Fees
As a Service Provider, in order to be listed on the Platform and retain the benefits of your professional profile, you will pay an annual membership fee to GetCoaching (“Membership Fee”, “Membership Fees”, “Fees”). The Membership Fee supports the Platform, including costs related to marketing, customer support, and other related services provided to you by GetCoaching. Unless otherwise indicated, all Fees are in Canadian dollars. The Membership Fee is exclusive of all applicable taxes. You are responsible for all applicable taxes, and we will charge taxes in addition to the fees for the Platform when required to do so.

The first Membership Fee payment is made when you register for an Account on the Platform, and it will be billed on a yearly basis (“Billing Date”). You must keep a valid credit card on file with us, or use PayPal or any other payment mechanism specified by GetCoaching, to pay for all incurred and recurring Fees. We will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), or other payment mechanism you select (“Authorized Payment Processor”). You agree that the fee shall be automatically renewed annually, unless the membership is thereby terminated by either Party. Membership Fees are subject to change upon 30 days notice from GetCoaching. Such notice may be provided at any time by posting the changes to the Platform.

You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor, and that our Terms do not govern and that we have no liability arising from your use of or access to the Payment Processor. We are not responsible for any arrears by the Payment Processor.

2.3 Promotional Credits
We may, from time to time and in our sole discretion, provide certain promotional credits ("Promotional Credits") to Users. There is no guarantee of, or right to, receive any such Promotional Credits. We reserve the right to activate, modify, or delete any such Promotional Credits at any time, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your Account.

2.4 Refunds
GetCoaching offers Service Providers a 100% Money-Back Guarantee on their first year of paid Membership Fees. If, after one year of membership, payments received from Client(s) who hire you via GetCoaching do not match the amount paid for your Membership Fee, we will refund you 100% of said Fees. Our 100% fee refund can be claimed only once per lifetime per Service Provider. If you obtain a refund and sign up for one or more additional years of membership, the additional fees are not subject to a refund. If you wish to claim your refund, you must do so by contacting GetCoaching within 30 working days after your 1st year membership ends.

Coaching Services booked by Clients on GetCoaching are not covered by this policy, and are non-refundable unless otherwise stated.

3. Codes of Conduct
We believe that a healthy Coach-Athlete relationship is a crucial factor in successful training results and as such, GetCoaching is predicated on a productive environment for Clients and Service Providers to interact. To promote this, we prohibit certain kinds of conduct (“Conduct Code”, “Conduct Codes”) that may be harmful to other Users or to GetCoaching. Our Conduct Codes are designed to ensure a shared and understood standard between Clients and Service Providers for safety, accountability, mutual respect and common courtesy.

3.1 User Conduct
Without restricting anything else in this Agreement, you acknowledge and agree that at all times, you must comply with the following Conduct Codes, and you will not: a. Use GetCoaching for any illegal or unauthorized purpose nor will you, in the use of the Platform, violate any applicable local, provincial, territorial, or national law or regulation, including privacy and personal information laws;
b. Use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Platform, or that could damage, disable, overburden, circumvent or impair the functionality of the Platform in any manner;
c. Use any data mining, robot, iframe, spider, crawler, scraper or other similar data gathering or extraction method not provided or authorized by GetCoaching to access our Platform, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Platform;
d Refuse to provide or accept Coaching Services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal, provincial, or municipal law (GetCoaching maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse);
e. Reproduce, copy, sell, resell or exploit any portion of the Platform without the express written permission of GetCoaching;
f. Upload, post, send, share or otherwise make available on the Platform any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial electronic message;
g. Submit, post, send, use, share, provide, transmit, or display any violent, discriminatory, illegal, infringing, hateful, pornographic, obscene or sexually suggestive photos, or other content via the Platform;
h. Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GetCoaching or GetCoaching trademarks and/or variations and misspellings thereof;
i. Engage in any offensive, indecent, physically dangerous, or otherwise objectionable conduct;
j. Harvest, or otherwise collect or store any content or personally identifiable information, including email addresses, about any other User other than for purposes of transacting a Coaching Service;
k. Access, use, or attempt to access or use another User's Account without authorization from such User and GetCoaching;
l. Violate, infringe, or misappropriate another User’s intellectual property, privacy, publicity, or other legal rights;
m. Remove any copyright or other proprietary rights’ notice contained or included in the Platform;
n. Recruit or otherwise solicit any User to join third party services or websites that are competitive to GetCoaching, or use our Platform to obtain business or Coaching Services outside the provision of our Platform;
o. Permit any third party to engage in any of the foregoing, or develop a third party application that interacts with User content or our Platform without GetCoaching’s prior written consent.

You are solely responsible for your interaction with other Users found using the Platform, whether online or offline. You agree that GetCoaching is not responsible or liable for the conduct of any Service Provider or any other User of GetCoaching. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. If you violate any of the rules in these Conduct Codes, we may take appropriate action, including suspending your ability to use the Platform and, at our discretion, terminating this Agreement.

3.2 Client Conduct
As a Client, you agree that when you first come to a Service Provider through GetCoaching, you will not schedule a training session with said Service Provider except through the Platform. You acknowledge and agree that you will:
a. Use GetCoaching as your exclusive method of booking Coaching Services with a Service Provider for a period of twelve (12) months from the time you, as a Client, identify said Service Provider through the Platform (“Exclusivity Period”). Once the Exclusivity Period expires, you are free to directly deal with the applicable Service Provider outside of the Platform and independently from this Agreement;
b. Fully disclose context (e.g. age, development stage) in the request process that is relevant to a Service Provider’s ability to successfully fulfil a Coaching Services request;
c. Not submit a Coaching Services request via the Platform that you do not intend to have completed by a Service Provider, or that you do not intend to pay for.

3.3 Service Provider Conduct
As a Service Provider, you agree that when a Client first comes to you through GetCoaching, you will not schedule a training session with said Client except through the Platform. You agree to use GetCoaching as your exclusive method of receiving bookings for Coaching Services with a Client for a period of twelve (12) months from the time you, as a Service Provider, are identified by said Client through the Platform (“Exclusivity Period”). Once the Exclusivity Period expires, you are free to directly deal with the applicable Client outside of the Platform and independently from this Agreement.

You also acknowledge and agree that you will not use the GetCoaching Platform to:
a. View, access or otherwise use (directly or indirectly) price, availability, or other information for any purpose other than the provision of your Coaching services;
b. Accept a Coaching Services request that you do not actually wish to accept or complete, or that you are not qualified to complete;
c. Offer Coaching Services from more than one GetCoaching Account without our express permission;
d. Provide false or inaccurate profile information, including post-secondary education, certifications, coaching experience, and employment history;
e. Contest any ratings or reviews of you or your Coaching Services that Clients may post on the Platform;
f. Engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws or regulations or any laws related to the regulation of sports coaching professionals or strength and fitness professionals.

You acknowledge and agree that you will secure and maintain, at its expense, all registrations, permits, licenses, consents required by law or necessary to operate a business of the nature in which you offer your Coaching Services. If you are governed by a licensing or similar body or standard (e.g. Coaching Association of Canada’s National Coaching Certification Program), you must at all times be a member in good standing with such organization. You will ensure that any person who performs your Coaching Services at all times maintains and abides by all statutory, regulatory, ministerial and municipal approvals, registrations, permits, licenses, orders and by-laws that are now or in the future applicable or are required to perform your Coaching Services, and that your Coaching Services are performed in a manner that complies with all applicable laws, regulations and codes of conduct of any professional organization.

4. Content Policy
In this Agreement, "Platform Content" means all materials and content of any type, including, but not limited to data (including Account information, Coaching Services requests, location), photos, graphics, images, profiles, messages, ratings, videos, links, articles, and software.

4.1 User Content and Your License to GetCoaching
GetCoaching permits you to make available, post, upload, publish, submit, display or transmit content on or via the Platform (collectively, "User Content"). You hereby grant GetCoaching a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, transferable and irrevocable license to use, host, store, copy, distribute, publicly display, perform, reproduce, publish, license, sell, transfer, translate, transmit, stream, broadcast, adapt, modify, and create derivative works of your User Content in connection with the operation and promotion of the Platform (the "User License"), but excluding non-public messages you send through GetCoaching to another User.

4.2 User Content Responsibility
We do not claim ownership or control over any User Content, nor the responsibility to monitor any User Content, except as otherwise expressly provided in this Agreement, or a separate agreement between you and GetCoaching. You acknowledge and agree that you are solely responsible for all of your User Content, and not to upload any User Content prohibited by applicable law or the restrictions in this Section. We are not liable in any manner for any User Content available on the Platform, whether made available or caused to be made available by Users or by any of the technology associated with, or utilized in, the Platform.

Accordingly, you represent and warrant that: (a) such User Content is non-confidential; (b) you own or otherwise have the right, title and interest to grant the User License; (c) you have the permission to post all information you post about yourself or others; (d) the User Content is accurate and not misleading, libellous, defamatory, or harmful in any manner; and (e) the User Content does not violate or infringe on any other person's rights, including, but not limited to, copyrights, trade-marks, proprietary interests, trade secrets, privacy rights, publicity rights, or other intellectual property rights. Further, you hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person's rights. We reserve the right to investigate and take appropriate legal action against any Users who violate this Section.

4.3 Third Party Websites and Content
GetCoaching may include links to third party websites, services, or content, including, but not limited to, advertisements, promotional offers, and social widgets (collectively, “Third Party Content”), which are provided for your reference and convenience. Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We have no control over, are not responsible for, and do not endorse any such Third Party Content, and we are not liable for any damages or losses you incur by visiting or using such Third Party Content. Your access and viewing of any Third Party Content is entirely at your own risk and discretion. If you decide to leave the Platform and access any Third Party Sites, you acknowledge and agree that our Terms no longer govern, and the terms and policies of those Third Party Sites now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from our Website.

5. Intellectual Property and Limited License
5.1 Intellectual Property and Ownership
The GetCoaching Platform, including, without limitation, its design (e.g. logos, graphics, images), text, information, and other materials (collectively, the “Company Content”), is the proprietary property of us, and protected under intellectual property laws. Company Content excludes User Content, which we have a right to use, as described in Section 4.1 above. You acknowledge and agree that GetCoaching (and its licensors or Users, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Platform, and you agree not to take any action(s) inconsistent with such ownership interests.

Any use of the Platform or Company Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.

5.2 Trademark Use
The service marks and trademarks of GetCoaching, including without limitation, the GetCoaching company name and website names, logos, and all brand elements are registered and unregistered service marks owned by GetCoaching. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owners. You may not copy, imitate or use any of the marks, logos or trade names appearing on the Platform without the express prior written consent of GetCoaching or the applicable trademark owner. You agree not to take any action(s) inconsistent with such ownership interests.

5.3 Our License Grant to You
Subject to your compliance with these Terms, GetCoaching hereby grants you a personal, limited, non-exclusive, non-transferable, revocable (at any time with or without notice or cause) license to access and use the Platform for authorized purposes permitted by this Agreement, subject to this Agreement, and provided you keep all copyright or other proprietary notices intact. You have no right to sublicense or assign the license rights granted in this section.

We reserve any and all rights not expressly granted to you pursuant to this Agreement. The limited rights granted to you to access and use the Platform comprise a limited license, and do not constitute the sale of any software program or other intellectual property. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Platform. You further agree not to change, translate, or otherwise create any derivative works of the Platform.

GetCoaching my terminate this license at any time for any reason whatsoever. If we revoke our license to you, you agree to remove any content infringing the Terms of this Agreement, and that the Terms of this Agreement will survive such revocation and continue to bind you.

5.4 Feedback & Revisions
GetCoaching welcomes your comments on our Platform. Any and all: (a) suggestions for correction, change and modification to the Platform and other feedback, information and reports you provide to GetCoaching (collectively “Feedback”); and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by GetCoaching or otherwise relating to the Platform (collectively, “Revisions”), are non-confidential and will remain the sole and exclusive property of GetCoaching. You agree that we may freely use and disclose Feedback and Revisions in any manner and for any purpose whatsoever, without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You agree to hereby assign to GetCoaching all right, title and interest, including all intellectual property rights, that you may have in and to such Feedback and Revisions.

5.5 Intellectual Property Complaints
We respect the intellectual property of others and ask that you do too. Our policy is to respond to all notices of alleged intellectual property infringement. If you believe that any Platform Content infringes on your copyright or other intellectual property rights, or if you otherwise object to any User Content you find on the Platform, you can send a written notification to our designated agent by (i) email: info@getcoaching.ca or (ii) regular mail: Attention: IP Complaints, GetCoaching Inc., 497 St. Clements Avenue, Toronto, ON, M5N 1M3.

The notification must include the following: a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; a description of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements; a description of material that you are objecting to and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted; a statement that the information in the notification is accurate; and a statement under penalty of perjury that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.

It is our policy to, at our sole discretion, limit access to the Platform, and in appropriate circumstances, terminate the Accounts of Users who repeatedly infringe, or are believed to be repeatedly infringing the rights of intellectual property holders.

6. Disclaimers
6.1 Warranty
Your access to and use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. We cannot guarantee and do not promise any specific results from use of the Platform or any Coaching Service, or make any warranty or representation that the Platform will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. To the extent permitted by law, GetCoaching disclaims all warranties, representations and conditions, either express or implied, statutory or otherwise, including, but not limited to, implied warranties of title, merchantability, non-infringement, satisfactory quality, or fitness for a particular purpose.

6.2 No Exclusivity
You acknowledge that GetCoaching can sign up and otherwise work with an unlimited number of other Service Providers, including but not limited to Service Providers who directly and indirectly compete with your Coaching Services. We make no promise of exclusivity in any particular market segment.

6.3. Platform Modification
GetCoaching reserves the right to modify, suspend, remove, disable access to, or discontinue the Platform (or any part thereof) at any time with or without notice. You agree that we shall not be liable in any manner to you or to any third party for any such modification, suspension, removal, or discontinuance.

7. Indemnification
You agree you will indemnify and hold harmless GetCoaching and its Service Providers, consultants, affiliates, officers, employees, representatives and agents (collectively, “Indemnified Parties”) from all claims, threats, actions, demands, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees), arising from or relating to your use of the Platform, your Content, your conduct in connection with the Platform or other Platform Users, any Coaching Services you provide, or any violation of (a) this Agreement, (b) any applicable law or regulation, or (c) any right of any User or third party.

8. Limitation of Liability
Under no circumstances will GetCoaching be liable with respect to any claims arising out of your use of, or your inability to use the Platform, however caused, for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, personal injury, loss of profits, revenue, data, goodwill, property damage, or other intangible losses resulting from your use of or inability to use the Platform, however caused. These limitations apply to any form of action or theory of liability, whether based on warranty, contract, tort including negligence, strict liability or otherwise, whether or not GetCoaching has been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.

Notwithstanding anything to the contrary contained herein, GetCoaching’s aggregate liability to you for any claim arising from or related to this Agreement or Platform or the use thereof will at all times be limited to the greater of (i) the amount you paid to GetCoaching in the twelve (12) months immediately preceding the event that gave rise to the claim (for example, if you are a Service Provider, the amount of your annual Membership Fee), or (ii) fifty Canadian dollars CAD$50.00, if no such payment has been made, even if a claim is a continuing one. You acknowledge that the Platform is free for Clients.

Some jurisdictions do not allow limitations on liability for personal injury, or other type of damages, so these limitations may not apply to you, and you may have additional rights but only to the extent of such exclusion by applicable law. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

9. Privacy
We care about the privacy of our Users. You can view our privacy policy at (insert link). Without limiting that, you acknowledge that we may (but have no obligation to) access, preserve and disclose your User Account data and any User Content if, in good faith, we believe that same is reasonably needed to (a) comply with applicable law or legal process, (b) enforce this Agreement, (c) protect against imminent harm to any person, any safety of any person, or any property of any person, or (d) such access, preservation, or disclosure is permitted under applicable law. You further acknowledge that the Platform uses the Internet and other third party networks, and that, accordingly, any information processed using the Platform may be processed or transmitted over various networks (including those outside of our control).

10. Termination
We reserve the right, in our sole discretion, to suspend, limit or terminate your Account or access to the Platform at any time and for any reason, including, without limiting any other remedies, for violation of these Terms and/or the Conduct Code. You agree that any termination of your Account or access to the Platform may be effected without prior notice, and that GetCoaching will not be liable to you. Upon termination of your Account, you will no longer be able to access your Account, and you agree to immediately cease all use of the Platform and any Platform Content licensed to you in Section 5.3 of this Agreement. Unless otherwise provided in these Terms, you will not be entitled to any refunds of any Fees, pro rata or otherwise.

You may terminate this Agreement at any time by ceasing all use of the Platform and requesting GetCoaching via email to info@getcoaching.ca to cancel your account.

11. Governing Law, Dispute Resolution & Arbitration
11.1 Governing Law
This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You irrevocably and unconditionally attorn to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute or claim arising out of or related to this Agreement.

11.2 Dispute Resolution & Arbitration
The Platform is only a venue for connecting Users. We are not involved in the actual contact between Users or in the provision of Coaching Services, and you are solely responsible for your interactions with other Users. If you have a dispute with one or more Users, you release GetCoaching (and our officers, directors, agents, investors, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect, arising out of or in any way connected with such disputes.

You agree that in the event of any dispute between you and GetCoaching arising out of or relating to this Agreement, you will first contact us at info@getcoaching.ca and attempt in good faith to resolve the dispute. You agree that if a dispute is not resolved informally within 15 working days of your submission, such dispute will be settled by binding arbitration ("Arbitration"). Further, the parties specifically agree that, in the event there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Arbitration will take place in Toronto, Ontario, Canada. The language of the Arbitration will be English. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. You hereby agree that any claim under this Agreement must be brought within one year of the act giving rise to the claim.

12. General
12.1 Assignment
You may not assign these Terms, or any rights or licenses granted hereunder, without GetCoaching’s prior written consent. We may assign these Terms to anyone at any time without your consent.

12.2 Entire Agreement, No Waiver, Severability
This Agreement constitutes the entire agreement between you and GetCoaching relating to the Platform, and supersedes and replaces any prior agreements between you and us relating to your use of the Platform. This Agreement creates no third party beneficiary rights. Our failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision in that or any other instance, unless acknowledged and agreed to in writing by GetCoaching. If any provision of these Terms is held to be illegal, invalid, or unenforceable under any applicable law, such provision will be deemed severable from these Terms, and the remaining Terms of this Agreement will remain valid and enforceable to the fullest extent under law.

12.3 Agreement Modification
GetCoaching reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of the Platform signifies your acceptance of the updated or modified Terms. If we modify these Terms, we will update the "Last Updated" date at the top of these Terms. By continuing to access or use the Platform, you are indicating you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please do not use the Platform.

12.4 Consent and Electronic Communications
By visiting the Platform or creating an Account, you are communicating with us electronically and you consent to the use of electronic means to receive notices pursuant to these Terms via email or by postings on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12.5 No Agency
You and GetCoaching are independent contractors, and you acknowledge and agree that no joint venture, partnership, employment, or agency relationship is intended or created by this Agreement.

12.6 Language
It is the express will of GetCoaching that these Terms and all related materials on the Platform are in English.

13. Contact Information
Should you have any questions, please contact us at info@getcoaching.ca.