TERMS AND CONDITIONS

Last modified: 3rd March 2021

The following terms of service (these "Terms of Service"), govern your access to and use of the MY SPORTS COACH platform, Site & Application, including any content, functionality and services offered on or through www.mysportcoach.co.uk (the "Site or website")

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, or Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between MY SPORTS COACH and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify MY SPORTS COACH for any losses, costs or damages, including reasonable legal fees, incurred by MY SPORTS COACH in relation to, or arising out of, such a breach.

2. ACCEPTANCE OF TERMS

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you or your or user” or any coach registered on the platform) and MY SPORTS COACH LIMITED (“MY SPORTS COACH, we,” “us” or “our”), concerning your access to and use of www.mysportscoach.co.uk. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services, the coach refers to the individual who registers to provide coaching services to users on the site. “We”, “us”, or “our” refer to MY SPORTS COACH. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

3. ABOUT MY SPORTS COACH LTD

MY SPORTS COACH LTD is a corporation carrying on its business activities at the United Kingdom. My Sports Coach operates the site, which provides a platform where Athletes are afforded the opportunity to hire a professional coach to help accentuate their sporting career. My Sports Coach is a team dedicated to providing opportunities for athletes looking to take their performance to the next level.

While practice makes perfect, there's only so much you can do if you don't know exactly what it is you should be practicing. Through My Sports Coach you will be able to find qualified coaches who will be able to tailor your coaching sessions to your individual needs.

The services offered on the site ranges from; Individual sessions, Group Sessions & Work Shop presentations.

Why choose us?

(a) REGISTER FOR FREE

My Sport Coach was built by P.E teachers and coaches, so we have firsthand experience. No signup fees, no ongoing fees just a simple commission for every session you do as low as 5%. Click here to find out more about our loyalty program.

(b) Growth

My Sport Coach allows you to easily grow your client base! Let us handle all the marketing costs to promote you and your awesome coaching abilities.

Providing opportunities for athletes to take their performance to the next level is our main priority, so you will be joining a team where your expertise is truly valued.

4. HOW IT WORKS

We have provided an easy to use platform on the site.

Users. Users are expected to register to create an account on the site before using the services. Upon registration and account creation, you would be required to; choose your Sport, Select your Preferred Coach that is listed on the site. We have also provided you with a messenger platform to chat with your Coaches which is secured with an end – to – end encryption, thereafter you begin your seamless journey while using the services we provide.

Coaches. Becoming a coach on My Sports Coach is 100% free and always will be. There are no signup fees or monthly fees. MY SPORTS COACH requires all coaches to have the required working with children checks before being allowed to coach. We also have a ratings system that determines what rank you are as a coach. The more experience and/or qualifications you have the higher your rank. When someone wants to book you they will message you and you will receive an email from the MY SPORTS COACH team when the session has been confirmed.

Our Commission;

My Sports Coach has a commission on each session. This helps cover your payment processing, advertisement and also allows us to run free sessions for the community when we can! The money is then transferred right into your account.

5. COACH LOYALTY AND REWARDS

At My Sports Coach we do everything we can to help you maximise the amount of clients you can help reach. As a result we also expect our coaches to provide the best service possible to all clients. For those coaches who maintain the highest star rating possible you earn a higher percentage of your session rate. We take care of all the payment processing costs so you don't have to.

Your Earnings PER Session Coached?

1. If you charge £50 per session, for you first 8 sessions you would begin on Intermediate Coach Rank and would earn £37.50 by earning 75% of your fee.

2. On completion of your 9th session you will move up to Advanced Coach Rank if you maintained a 3.5 rating (determined by clients feedback after a session) which you would earn £40.

3. If you maintain a 4+ star rating, after your 17th session you will move onto Professional Coach Rank and earn 85% of your session fee (£42.50).

4. If you maintain a 4.5+ star rating after your 25th session you will move to ELITE Coaching Rank which is the highest and earn 90% of your session fee (£45).

The only way you can move down a rank is if your star rating drops. So be sure to deliver the best quality coaching every session!

6. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

(a) The use of any information, pictures, documents and/or other services offered by MY SPORTS COACH via (our “Website”);

(b) The connection and scheduling of Coaching Sessions between Users and Coaches on the Platform.

7. MODIFICATION

MY SPORTS COACH reserves the right, at its sole discretion, to modify the Site, or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User Fourteen (14) days after notice to the User is provided via email from info@mysportscoach.co.uk to your email address on file with MY SPORTS COACH. You agree to keep your email address on file with MY SPORTS COACH up-to-date. By continuing to access or use the Site, or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, and Services.

8. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Site, and Services may contain links to third-party websites or resources. You acknowledge and agree that MY SPORTS COACH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MY SPORTS COACH of such websites or resources or the content, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, or services on or available from such websites or resources.

9. INFORMATION ON THE WEBSITE

The information on the Website is for general information purposes only and does not constitute advice. Even though MY SPORTS COACH has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. MY SPORTS COACH does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.

To the maximum extent permitted under applicable law, MY SPORTS COACH shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of MY SPORTS COACH.

MY SPORTS COACH shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

10. INTELLECTUAL PROPERTY

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of MY SPORTS COACH and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

All brand names, logo, and titles used on the Website are trademarks or trade names of MY SPORTS COACH or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.

The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to MY SPORTS COACH and/or its suppliers and subcontractors.

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

10. DATA PRIVACY

MY SPORTS COACH collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with MY SPORTS COACH’s Privacy policy displayed at the bottom of our webpage.

11. UNSOLICITED IDEAS

In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to MY SPORTS COACH by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.

To the maximum extent permitted under applicable law, you hereby indemnify and hold MY SPORTS COACH harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

12. ACCOUNT

You can access the site either as a guest or by registering an account with us. To use the services, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

13. PAYMENTS

Payments for subscriptions to any of the Coaching sessions offered on the platform can be done with the use of CREDIT CARDS – AMEX, GPAY, APPLEPAY, OPAY, VISA and MASTERCARD. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other services (including any applicable taxes and other charges”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your MY SPORTS COACH account, you can do so at any time by logging into your account and editing your payment information.

14. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and MY SPORTS COACH; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

16. INDEMNIFICATION.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MY SPORTS COACH, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MY SPORTS COACH Parties”), from and against all actual or alleged MY SPORTS COACH Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify MY SPORTS COACH of any third-party Claims and cooperate with the MY SPORTS COACH Parties in defending such Claims. You further agree that the MY SPORTS COACH Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MY SPORTS COACH.

17. DISCLAIMERS

Your access to and use of the Services and content provided on www.mysportscoach.co.uk are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (MY SPORTS COACH ENTITIES are MY SPORTS COACH founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MY SPORTS COACH make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MY SPORTS COACH or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the MY SPORTS COACH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MY SPORTS COACH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY SPORTS COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MY SPORTS COACH EXCEED ZERO POUNDS (£0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MY SPORTS COACHHAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

18. CHANGES

If MY SPORTS COACH decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

19. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.mysportscoach.co.uk is hereby governed by, and constructed and enforced in accordance with the laws of England. The competent courts in England, shall have the exclusive jurisdiction to resolve any dispute between you and MY SPORTS COACH.