Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS SITE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (Terms) on which we supply
services (Services) to you via our website (Our Site). By accessing, browsing or otherwise
using Our Site by any means and via whatever device or registering your details with us, you
confirm that you accept these terms of use, and you agree to abide by the terms and
conditions of these Terms. If you do not agree to these Terms, you must not use Our Site.
1.2 Why you should read them. Please read these Terms carefully before you create an account
via Our Site or use the Services. If you think that there is a mistake in these Terms, please
contact us to discuss and do not use Our Site or the Services.
1.3 These are other terms that may apply to you. The following additional terms also apply to
your use of Our Site:
(a) Our Privacy Notice which sets out information about how we use your personal
information.
(b) Please note that we do not use cookies on Our Site.
1.4 Changes to these Terms. We amend these Terms from time to time. Every time you wish to
use Our Site, please check these Terms to ensure you understand the terms that apply at
that time. These Terms were most recently updated on date.
1.5 Changes to Our Site. We may update and change Our Site from time to time to reflect
changes to the Services, our products, our users&#; needs and our business priorities.
1.6 Our Site is only for users in the United Kingdom. Our Site is directed to people residing in
the United Kingdom. We do not represent that content available on or through Our Site is
appropriate for use or available in other locations.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Coaches in Kind C.I.C. is a company registered in England and Wales. Our
company registration number is 15369404 and our registered office is 18 Ferrers Way,
Derby, England, DE22 2AB.
2.2 How to contact us. You can contact us at rachael@coachesinkind.com .
2.3 How we may contact you. If we have to contact you, we will do so by e-mail or by telephone
at the e-mail address and/or telephone number you have provided which may include by
way of SMS.
2.4 "In writing" includes emails and SMS. When we use the words in writing in these Terms,
this includes emails and SMS.
3. USER ACCOUNT; USER TYPES
3.1 User account. You will be required to set up an account with us (User Account) if you wish
to use Our Site and access the Services. To obtain a User Account, you are required to
complete a registration process. You hereby represent to us that all information submitted
to us during the registration process is accurate
3.2 User types. Each User Account will be one of 3 types of users, namely School or Qualified
Coach or Trainee Coach.
(a) School – We will collect the following information when opening a
User Account:
(i) school name (this will be displayed on Our Site);
(ii) school website address (this will not be displayed on Our Site);
(iii) school physical address (this will not be displayed on Our Site,
however the postcode will be used when a Qualified Coach or
Trainee Coach performs a location search on Our Site);
(iv) school contact details (this will not be displayed on Our Site);
(v) school type (this will be displayed on Our Site);
(vi) age range of pupils (this will be displayed on Our Site);
(vii) the types of support you are looking for from a selection listed
on Our Site (this will be displayed on Our Site);
A School will not be able to open a User Account if it does not
provide all required information to our satisfaction and in our sole
discretion.
(b) Qualified Coach – We will collect the following information when
opening a User Account:
(i) name (this will be displayed on Our Site);
(ii) address (this will not be displayed on Our Site, however the
postcode will be used when a School performs a location
search on Our Site);
(iii) whether services are face-to-face, which can be at the
respective School or at our business premises, or online, or
both (this will be displayed on Our Site);
(iv) where applicable, distance prepared to travel to a School (this
will be displayed on Our Site);
(v) whether services are pure non-advisory coaching/blended
mentoring & coaching/both (this will be displayed on Our
Site);
(vi) age range of children supported (this will be displayed on Our
Site);
(vii) individual or group coaching offered (this will be displayed on
Our Site);
(viii) 100-word profile (this will be displayed on Our Site);
(ix) video profile and profile photograph (this will be displayed on
Our Site);
NB: This information is only required for the ‘Game Changer’
and ‘Gift Bearer’ annual plans (please refer to Clause 4.3
below).
(x) any areas approach supports (this will be displayed on Our
Site);
(xi) any qualifications (this will be displayed on Our Site);
NB. You will be required to upload your coaching qualification
or equivalent documentation to Our Site.
(xii) any pro bono offer (this will be displayed on Our Site);
(xiii) discounted rate which must be at least 25% off your standard
rate (this will be displayed on Our Site); and
(xiv) relevant school experience (this will be displayed on Our Site).
A Qualified Coach will not be able to open a User Account if he/she/they do not
provide all required information to our satisfaction and in our sole discretion.
(c) Trainee Coach – If you have not met the required qualifications to be a Qualified
Coach, or if you are still qualifying to become a coach, you may still be able to open
a User Account as a Trainee Coach and if so we will collect the same information as
for a Qualified Coach (except for any qualifications information) and in addition we
will need to conduct a suitability review which will be chargeable at the rate of £80
(Suitability Review Fee) or such other amount as specified on Our Site and which
will be payable in advance via Our Site. The suitability review will operate as set out
below:
(i) You should only apply if you can meet the following criteria
(50% of the Suitability Review Fee is non-refundable once the
process has begun):
(A) you are currently on a coach training programme that
includes both theory and practice;
(B) you have mentoring or supervision built into your
programme or accessed with another credible provider;
and
(C) you have experience of working in education or with
children and young people.
(ii) Stage 1:
(A) Each application will be appraised including reviewing
the coach training programme, other relevant
qualifications, educational experience and also
contacting referees.
(B) If we are not satisfied that you are right for Our Site at
this stage, a partial refund of £40 will be paid and you
will be invited to reapply on qualification.
(iii) Stage 2:
(A) If we are happy with the outcome of Stage 1, a Zoom
interview will be arranged (15-30 minutes) with us.
(B) The outcome of Stage 2 will either be:
i. you can join Our Site as a Trainee Coach and offer pro bono
coaching to children, young people and School staff via Our Site;
or
ii. you can join Our Site as a Trainee Coach but only offer pro bono
coaching to School staff via Our Site until qualified.
Please note: Trainee Coaches are not permitted to
charge Fees to Schools and joining Our Site is not a
guarantee of finding pro bono coaching clients and the
Trainee Coach will need to market their services to
individual Schools as appropriate.
A Trainee Coach will not be able to open a User Account if
he/she/they do not provide all required information to our
satisfaction and in our sole discretion.
3.3 Responsibility for your User Account. You are responsible for maintaining the confidentiality
of your User Account and for restricting access to your device, your e-mails and your User
Account. This includes keeping your User Account details secret such as your User Account
ID and password and not allowing anyone to use your User Account or access your e-mails.
You agree to notify us immediately if you have any reason to believe the security of your
User Account has been compromised. You must log off each time at the end of each session.
We shall bear no liability for any harm, loss or damage resulting from your failure to comply
with the requirements of these Terms and you indemnify us against all costs, losses or
expenses that may arise from your failure to protect your User Account in accordance with
these Terms.
accordance with these Terms.
3.4 Responsibility for online activity. You are responsible for all use of your User Account,
including all online conduct (except where such use is directly due to our error). You may be
liable for unauthorised usage of your User Account because of failing to keep your
information secure. If you believe you have been a victim of crime in relation to Our Site
(including any fraudulent activity on your User Account) you should immediately contact us.
3.5 Closure or suspension of your User Account. You acknowledge and agree that we are
entitled to terminate or suspend your User Account at our sole discretion without any notice
to you in the event of your breach of these Terms. You understand that termination of your
User Account may lead to blocking, deletion and limitation of your access to content,
materials, information and files uploaded, shared, submitted and made available in
association with your User Account, as well as access to some or all of the Services. Please
note that:
(a) Schools – We will not remove the User Account of any School based on a complaint
we receive from any Qualified Coach / Trainee Coach.
(b) Qualified Coaches / Trainee Coaches - If a Qualified Coach / Trainee Coach:
(i) has not met the requirements set out in Clause 4.2(b); or
(ii) has received a complaint from a School that has not been resolved as set
out in Clause 4.6; or
(iii) has a Star Rating (as defined in Clause 4.5) of 2-stars or below; then
we may close the User Account of such Qualified Coach / Trainee Coach and not
allow such Qualified Coach / Trainee Coach to open a new User Account in the
future, in each case in our absolute discretion, and refunds (if any) will only be
made in accordance with Clause 4.7 and Clause 6.4.
3.6 Children. If you are under the age of 16 you may not use Our Site.
THE SERVICES
4.1 Services. Within Our Site, we aim to connect Schools with Qualified Coaches / Trainee
Coaches so that such Qualified Coaches / Trainee Coaches can provide their services to such
Schools on a pro bono or paid basis. We accept no liability of any kind for the outcome of
such interactions, whether online within Our Site or in the real world, including any
interactions of any kind between Qualified Coaches / Trainee
4.2 Obligations of Schools and Qualified Coaches / Trainee Coaches.
Before any arrangement
for services is made between a School and a Qualified Coach / Trainee Coach:
(a) such parties must agree and sign terms and conditions of service which must
include a complaints procedure (Complaints Procedure);
(b) the School must verify the respective Qualified Coach / Trainee Coach, we
recommend at a minimum that the School verifies:
(i) Safeguarding Level 1 or above;
(ii) Up-to-date Enhanced DBS;
(iii) Professional qualification certificates;
(iv) Public Liability and Professional Indemnity insurance;
(v) Original photographic ID;
(vi) Referee details; and
(vii) Terms that clearly state methods used.
4.3 Fees. Fees. The following fees (Fees) are payable for using our Services:
(a) Schools – Schools are not required to pay any Fees for using our Services.
(b) Qualified Coaches / Trainee Coaches – there are 3 annual plans as below:
(i) The Ground Breaker – there are no Fees for this tier, but the Qualified
Coach / Trainee Coach must deliver at least 9x face to face coaching
sessions (Sessions) annually on a pro-bono basis.
(ii) The Game Changer – the Fees for this Tier may be paid monthly or annually
in advance, payment will be initiated via our 3rd party payment gateway
via Our Site, and such Fees will be stated on Our Site. Fees may change
from time to time and where updated to Our Site. To maintain this tier, the
Qualified Coach / Trainee Coach must deliver at least 6x Sessions annually
on a pro-bono basis. This tier starts when you have paid for a subscription
period until the end of that period or renewal or until cancelled.
(iii) The Gift Bearer – the Fees for this Tier may be paid monthly or annually in
advance, payment will be initiated via our 3rd party payment gateway via
Our Site, and such Fees will be stated on Our Site. Fees may change from
time to time and where updated to Our Site. There are no pro-bono
requirements for this tier, we will use these Fees for our own sponsored
coaching. This tier starts when you have paid for a subscription period until
the end of that period or renewal or until cancelled.
Please note: Each Session must (1) last at least 30 minutes, (2) be delivered
on a different day and (3) be delivered by the same Qualified Coach /
Trainee Coach. A Programme will consist of at least 3x Sessions and which
must be delivered within a maximum of 12 months. Therefore, ‘The
Ground Breaker’ tier equates to a minimum of 9x Sessions per annum on a
pro-bono basis and ‘The Game Changer’ tier equates to a minimum of 6x
Sessions per annum on a pro-bono basis.
Please note: For ‘The Ground Breaker’ and ‘The Game Changer’ tiers, every
time a Session is completed, the Qualified Coach / Trainee Coach must (1)
update their profile within Our Site to reflect this and (2) must create a
post on their own social media using the hashtag #coachesinkind
referencing the same.
Please note. There are monthly or annual subscription options and
payments will be initiated via our 3rd party payment gateway
(https://stripe.com/) (Stripe). A subscription starts when you have paid for
a subscription period until the end of that period or renewal period or until
cancelled. You can upgrade/downgrade/cancel subscriptions via Stripe.
Please note: Refunds of Fees (if any) will only be made in accordance with
Clause 4.7 and Clause 6.4.
4.4 Online interactions Online
written interactions between Schools and Qualified Coaches / Trainee Coaches within Our
Site are viewable by our internal administrators and therefore should not be treated as
private. In any such online interactions, you must not disclose any information that is
private, confidential, sensitive or contains personal information. Please also refer
4.5 Sponsorship. If we are sponsoring any Sessions or Programmes, then at our sole discretion
we are permitted to choose the respective Schools / Qualified Coaches / Trainee Coaches.
4.6 Star Rating: Schools will be required to rate the services of any Qualified Coach / Trainee
Coach they interact with on Our Site by allocating a rating of 1-star (worst) to 5-stars (best)
(Star Rating). The Star Rating will be visible on the profile page of each Qualified Coach /
Trainee Coach. Schools agree to give a Star Rating that is fair and reasonable and not
unjustified and/or malicious. A Qualified Coach / Trainee Coach may not edit the Star Rating
on their profile.
4.7 Complaints procedures. We will not become involved in any complaint’s procedures
between Schools and Qualified Coaches / Trainee Coaches. If we are notified of any
complaint, we will refer the complaining party back to these Terms and the requirements of
Clause 4.2(a), however if the complaint involves a safeguarding breach that the School has
reported to the proper authorities, the User Account of such Qualified Coach / Trainee
Coach and their profile will be removed from Our Site and no new User Account can be set
up unless the complaint has been resolved in writing by the respective investigation body
and in which case such Qualified Coach / Trainee Coach can request that either their User
Account is re-instated for the remainder of the subscription term or they can request a
refund of any Fees paid up to a maximum of 1 years’ worth of Fees (if applicable).
4.8 Third party websites. Our Site or the Services may contain links to other independent
websites which are not provided by us. Such independent sites are not under our control,
and we are not responsible for and have not checked and approved their content or their
privacy policies (if any). You will need to make your own independent judgement about
whether to use any such independent sites, including whether to buy any products or
services offered by them. Such links should not be interpreted as approval by us of those
linked websites or information you may obtain from them.
4.9 Marketing. You will receive marketing communications from us unless you have opted out
of receiving marketing. To keep the Services free for Schools and affordable for Qualified
Coach / Trainee Coach, and to help our sponsored coaching programmes, we will share with
you carefully chosen offers from other organisations that we think may be of interest which
you will receive to your hub inbox, you can unsubscribe at any time. Please refer to our
Privacy Notice for more information on our marketing policy.
4.10 Academic research. We may contact you to request participation in academic research and
in doing so we may also collect, use and share aggregated data such as statistical or
demographic data for any purpose. Aggregated data may be derived from personal data but
is not considered personal data in law as this data does not directly or indirectly identity a
person. Please refer to our Privacy Notice for more information on our use of aggregated
data.
4.11 Circumstances beyond the control of us or you. If the event of any failure by either of us
due to something outside of the respective party’s reasonable control, then that party willadvise the other party as soon as reasonably practicable, and the party's obligations will be
suspended so far as is reasonable, provided that that party will act reasonably, and the party
will not be liable for any failure which it could not reasonably avoid.
5. INTELLECTUAL PROPERTY; ACCEPTABLE USE
5.1 How you may use material on Our Site. We are the owner or the licensee of all intellectual
property rights in Our Site, and in the material published on it. Those works are protected by
copyright laws and treaties around the world. All such rights are reserved. You may print off
one copy, and may download extracts, of any page(s) from Our Site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text. Our status (and that of
any identified contributors) as the authors of content on Our Site must always be
acknowledged. You must not use any part of the content on Our Site for commercial
purposes without obtaining a licence to do so from us or our licensors. If you print off, copy
or download any part of Our Site in breach of these Terms, your right to use Our Site will
cease immediately and you must, at our option, return or destroy any copies of the
materials you have made.
5.2 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use Our Site in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with these Terms, or act fraudulently or maliciously, for example, by
hacking into or inserting malicious code, such as viruses, or harmful data, into Our
Site or the Services;
(b) infringe our intellectual property rights or those of any third party in relation to
your use of Our Site, including by the submission of any content or material (to the
extent that such use is not licensed by these Terms);
(c) post any content to Our Site, or treat, interact with, or communicate with any user
and/or our staff, in a way which is unlawful, or can reasonably be considered to be
offensive, harmful, threatening, intimidating, abusive, harassing, menacing,
hateful, or racially or ethnically offensive, discriminatory or inflammatory;
(d) use Our Site in a way that could damage, disable, overburden, impair or
compromise Our Site or our systems or security or interfere with other users of Our
Site; or
(e) collect or harvest any information or data from Our Site or attempt to decipher any
transmissions to or from the servers running Our Site.
5.3 We do not guarantee availability of Our Site. We will use reasonable skill and care to
provide Our Site to you and to keep Our Site safe, secure, virus-free and error-free but we
do not guarantee that your use of Our Site will be safe, secure, uninterrupted, virus-free or
error-free. We will use reasonable endeavours to maintain the availability of Our Site to you,
but we do not guarantee 100% availability. For example, Our Site may become temporarily
unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our
Site and the Services, we make no representations, warranties or guarantees, whether
express or implied, that such information is accurate, complete or up to date. You are
responsible for configuring your information technology, computer programmes and
platform to access Our Site. You should use your own virus protection software.
5.4 We may suspend or withdraw Our Site. We do not guarantee that Our Site, or any content
on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict
the availability of all or any part of Our Site for business and operational reasons. We will
take all reasonable steps to give you reasonable notice of any suspension or withdrawal.
5.5 Check that Our Site and the Services are suitable for you. Our Site and the Services have
not been developed to meet your individual requirements. Please check that the facilities
and functions of the Our Site and the Services meet your requirements.
5.6 Rules about linking to Our Site. You may link to Our Site, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of it.
6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 Our liability and limits on our liability. If we fail to comply with these Terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our breaking these
Terms or our failing to use reasonable care and skill, but we are not responsible for any loss
or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it
will happen or if, at the time you accepted these Terms, both we and you knew it might
happen. We shall not be liable to you, whether in contract, tort (including negligence),
misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or
consequential loss, arising under or in connection with Our Site and the Services. Our total
liability to you for all losses arising under or in connection with Our Site and the Services,
whether in contract, tort (including negligence), misrepresentation, restitution or otherwise,
shall not exceed the total sums paid by you to us in the 12 months immediately preceding
your claim.
6.2 We do not exclude or limit in any way our liability to you where it
would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees,
6.3 We are not liable for business losses. If you use Our Site for any commercial, business or re-
sale purpose, we will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
6.4 We are not responsible for events outside our control. If our provision of the Services or
support for Our Site or the Services is delayed by an event outside our control, then we will
contact you as soon as possible to let you know and we will take steps to minimise the effect
of the delay. Provided we do this we will not be liable for delays caused by the event but ifthere is a risk of substantial delay you may contact us to end your contract with us and
receive a refund for any Services you have paid for but not received (if relevant).
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
7.1 How we may use your personal information. Under data protection legislation, we are
required to provide you with certain information including who we are, how we process
your personal data and for what purposes and your rights in relation to your personal data
and how to exercise them. This information is provided in
https://coachesinkind.com/privacy-notice and we will only use your personal information as
set out in such privacy notice.
7.2 Internet transmissions are never completely secure. Please be aware that internet
transmissions are never completely private or secure and that any message or information
you send using Our Site may be read or intercepted by others, even if there is a special
notice that a particular transmission is encrypted.
8. TERMINATION
8.1 You ending our contract. You may stop using Our Site at any time without giving us notice
and request that we delete your User Account and profile from Our Site. Refunds of Fees (if
any) will only be made in accordance with Clause 4.7 and Clause 6.4.
8.2 We ending our contract. We may end your rights to use Our Site and to access the Services
at any time by contacting you if you have broken these Terms in a serious way. If what you
have done can be put right, we will give you a reasonable opportunity to do so. If we end
your rights to use Our Site and to access the Services, then you must stop all activities
authorised by these Terms, including your use of Our Site and any Services. Refunds of Fees
(if any) will only be made in accordance with Clause 4.7 and Clause 6.4.
9. OTHER IMPORTANT TERMS
9.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these Terms to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not affect your rights under the
contract.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your
rights or your obligations under these Terms to another person if we agree to this in writing.
9.3 Nobody else has any rights under this contract. This contract is between you and us. No
other person shall have any rights to enforce any of these Terms.
9.4 If a court finds part of this contract illegal, Each of the
paragraphs of these Terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5 Even if we delay in enforcing this contract, If we do not insist
immediately that you do anything you are required to do under these Terms, or if we delay
in taking steps against you in respect of your breaking this contract, that will not mean that
you do not have to do those things and it will not prevent us taking steps against you at a
later date.
9.6 Which laws apply to this contract and where you may bring legal
proceedings. These Terms are governed by English law, and you can bring legal proceedings in the English courts.
9.7 Alternative dispute resolution. Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it, without you
having to go to court. If you are not happy with how we have handled any complaint, you
may want to contact the alternative dispute resolution provider we use. You can submit a
complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at
https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not
satisfied with the outcome, you can still bring legal proceedings.