Terms of Use
These “Terms” (hereinafter – the “Terms”) constitute the agreement between you as the user (hereinafter – the “user” or “you”) and CoachCamp Inc. (“CoachCamp”, “we”, “us”, “our”), regarding your use of and access to the website www.thecoachcamp.com (hereinafter - the “Website”), including any resources, features, tools or services available on Website (hereinafter - the “Service”).
Acceptance of Terms by the user
- Your access and use of Website means that you agree to be bound by these Terms (irrespective of your registration on Website and completion of your profile) and undertake to act in compliance with Terms and our Policies. Users and CoachCamp together agree that Terms are the complete and exclusive statement of the mutual understanding and undertakings between you and CoachCamp, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
- CoachCamp reserves the right to amend these Terms from time to time, without liability or any notice, and your continued use of the Website constitutes your acceptance and agreement with any and all such changes. It is your responsibility to regularly check the current version of Terms and to review such changes. If you do not agree with these or any future, please do not access or use (or continue to access or use) Website and/or Service. Unless explicitly stated | otherwise, any new feature or tool that enhances the current Service, shall be subject to these Terms.
- If any provision of Terms appears to be invalid, it shall be considered as eliminated and the rest of Terms remains in full force and effect and fully enforceable.
How you can use Website & Services
- CoachCamp provides the software for Webiste aiming to connect the most relevant users with each other (mentors and mentees) based on their experience, education, expertise, skillset, jurisdiction and other relevance criteria. CoachCamp is not directly involved in the communication between the mentor and mentee and itself does not provide the advisory, educational, therapeutic, legal, investment, medical or any other kind of advice and/or services.
The Service includes providing the software, that enables users of Website to communicate, the maintenance of the underlying software, providing the video conference tools for users, providing various media sharing and communication tools, providing content that might be helpful for users, providing personalized and other content for users. You understand and agree that the Service may include advertisements and that these advertisements help enable CoachCamp to provide the Service. You also understand and agree that the Service may include certain communications from CoachCamp. By using the Website or Service, you will be automatically deemed to have opted in to receive e-mail communication from us and agreed that CoachCamp Inc., registration number (SR): 20204785082, registered address: Jennifer R. Watson, 203 North LaSalle Street, Chicago, Illinois, 60601-1262 (USA), and/or any other subsidiary or division of CoachCamp, shall be entitled to obtain and process any of your personal data (including sensitive data if applicable) and/or any other such information for the purposes of enabling Service. - CoachCamp is not involved in the transactions and communications between users (mentors and mentees) and any complaint that you may have in respect of the mentor and mentee shall be addressed to them directly. CoachCamp might act as an agent for the purposes of processing payments, chargebacks, refunds, quality control, customer service and adjustments for transactions between mentors and mentees, etc. Chargebacks related to users and associated with fraud related risks shall be investigated by CoachCamp and payment service providers in accordance with their mutual contractual obligations.
- In case you experience any problems while you use Service, please feel free to contact our support directly from your account. Alternatively, you can send an email at support@thecoachcamp.com with any questions or concerns.
- CoachCamp provides the software for Webiste aiming to connect the most relevant users with each other (mentors and mentees) based on their experience, education, expertise, skillset, jurisdiction and other relevance criteria. CoachCamp is not directly involved in the communication between the mentor and mentee and itself does not provide the advisory, educational, therapeutic, legal, investment, medical or any other kind of advice and/or services.
Our Policies
- By accepting the Terms and using the Services each user undertakes to comply with the following principles and obligations (together referred to as the “Principles”).
Any information you post and communicate (orally or in written form) shall:- be true, accurate, lawful;
- not be false, misleading or deceptive;
- not contain information that is confidential, defamatory, threatening or harassing, obscene, offensive, sexually explicit or disrespectful;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate any of CoachCamp’s Policies or any other terms.
- Privacy Policy and Cookies Policy are a part of Terms. By using Website or Service or becoming a registered user, you agree to be subject to our Privacy Policy & Cookies Policy.
- Each user warrants and agrees:
- while communicating with other users and/or posting the information on Website, you act in compliance with any applicable contractual obligations and restrictions, laws and regulations;
- you are not allowed to record and/or publish your communication with user or the third party unless this user or the third party has clearly and explicitly agreed with such communication being recorded and published: each communication between the users is considered as a private communication and shall be treated accordingly;
- not use the Service to defraud any person or entity (including without limitation disclosure of any sensitive, insider or confidential information, use of stolen credit/debit cards, etc.);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate the Service various proprietary directories, databases and listings;
- not involve any computer viruses, chatbots or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by CoachCamp and/or the Service or gain unauthorized access to such data, systems or networks;
- not engage in any activities that would otherwise create any liability for CoachCamp or our affiliates / service providers and users.
- CoachCamp reserves the right at any time and upon its sole discretion to modify or suspend (temporarily or permanently) your access to Website or Service (or any part thereof) with or without any notice. You agree that CoachCamp shall not be liable to you or to any third party for any claim or loss related and arising out of such modification or suspension.
- By registering as a user, you certify that you are at least 18 (eighteen) years old: users under this age may not become Website users. If you are a resident of a state, province or country that imposes higher age requirements for use of Service, by using Website or Service, you hereby represent that your use of Website and provision of your personal data to us, and our use of such personal data as stated in our Privacy Policy, does not violate the applicable laws | or regulations of such state, province or country.
- By accepting the Terms and using the Services each user undertakes to comply with the following principles and obligations (together referred to as the “Principles”).
Communication with users
- CoachCamp reserves the right to monitor, moderate, decline, edit or remove all or a portion of any postings or content of Website.
- By using Website or Service you consent to receive communications from CoachCamp, including emails and text messages. You also agree not to misuse the communication tools by spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
- You are not allowed to record and/or publish your communication with another user or the third party unless this user or the third party has clearly and explicitly agreed with such communication being recorded and published: each communication between the users is considered as a private communication and shall be treated accordingly.
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Ownership
- Website and its content (including all sorts of materials, information and the content, downloaded by users, or provided external links) and all the intellectual property rights included in or associated with Website, including, but not limited to patents, copyrights, trademarks, service marks, logos, (hereinafter - the “content”) are owned either by CoachCamp or by the users, who are the owners of such content, in which case they provide the license to CoachCamp on such content (in accordance with the provisions set out in section 7).
- You agree not to access or benefit from Website or Service by any means other than declared and explicitly stated by CoachCamp. Your use of Website or Service does not grant you any right, license or permission of any kind to reproduce, copy, benefit or use CoachCamp’s or the third parties’ content and intellectual property.
- Content of Website or generated by users within Service is provided for general information purposes and does not, and is not intended to, constitute any sort of advice on which you can rely, therefore CoachCamp or its users shall not be deemed liable for any damages, losses or harm of any kind caused by use of such content. Information on Website and information that you accrue within Service may not constitute up-to-date, accurate or reliable information. Website contains links to other third-party websites: such links are only for the convenience of user or browser; CoachCamp does not endorse the contents of the third-party sites.
- You must obtain professional advice before taking, or refraining from, any action on the basis of content of our Website or Service. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that content on our site is accurate, complete or up to date.
Content Submissions by users
- Generation of content by users shall be done in strict compliance with our Policies and Terms. We welcome your content, posts, feedback, but if you send us or post content on Website or via any part of Service, any feedback, messages or comments, your concepts or ideas, any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to CoachCamp that you either own the Submission or have the right to grant CoachCamp the license set out below.
- You agree that in using all or part of a Submission, CoachCamp shall not be required to compensate you for any such license or Submission or third parties’ rights in addition to the provided possibility to use Service, that any such Submission shall not be considered confidential once submitted to CoachCamp, and that CoachCamp alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via Service, you acknowledge and agree that Submission and its content becomes publicly available and, as set forth below, can be used by others.
- Further, by providing a Submission to CoachCamp via Website or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms, Principles and Policies or which includes Inappropriate content as defined below; (b) automatically grant CoachCamp a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.
- CoachCamp reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, material infringing the third parties rights and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any CoachCamp’ employee, contributor, service provider, officer, partner or customer may result in immediate termination of your accounts.
- We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them while using Website or Service.
- This Website may include information and materials uploaded by users while they use Website and/or Service. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our Principles, views or values.
- Website and Service may contain links to third parties’ websites not under our control or operation. CoachCamp or users may provide any such links only as a convenience; CoachCamp does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. Website and Service may contain news, advertisements, content, image and information published by various third—party providers. Use of any such third party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting your data, your device, and your systems viruses and any other harmful content.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content requirements as applicable.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
Termination
CoachCamp shall have the right to terminate your use of the Website, Service and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, CoachCamp shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that CoachCamp terminates your use rights, CoachCamp shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
Copyright Infringements and IP rights protection
We respect content ownership rights, therefore we consider notices of alleged infringements.
If you believe that your copyrighted or confidential material has been published or disclosed on Website or within Services in a way that constitutes a breach of your rights and/or law, please notify us at support@thecoachcamp.com. When filing your report, please provide the following information:
- Contact information (email, phone number, mail address) and copy of ID of the owner of such material/data/information;
- Identification of the copyrighted or confidential work that you claim has been infringed; Reference on where this material or information has been published on Website or within Service;
- A proof and statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner, owner or are authorized to act on behalf of the owner.
Sales, Taxes and Value-added taxes
In an effort to comply with local legislation, we strongly encourage our users to maintain good standing with respect to taxes, duties, or value-added taxes where applicable. Due to separate and applicable tax jurisdictions, users’ payments paid or accumulated by the users while they use Services, may be subject to specific taxes and duties (and it is your responsibility to pay and report these, if applicable). When ordering a session with certain mentor on Website or when you coach some user of Website and get paid for such session or sessions, you undertake to fully comply with all laws and regulations that may apply to you in connection therewith. CoachCamp is not liable for any payments that the users get or pay while they use Website and/or Service.
Payment for Services, Cancellation Policy and Refunds
- Mentee picks the mentor and if the available information about this mentor is sufficient to apply for a 1-hour video conference call with this mentor at the price indicated therein, mentee thus undertakes to pay the price indicated (for a 1 hour session or a package of sessions). When the mentor confirms suggested time slot or suggests another time slot, which mentee accepts – both users will get the messages confirming the date and time of the session. Each of the users might cancel or postpone the session no later than 24 hours before the session. In case you do this later – the session will be automatically paid and will not be refunded. Each user shall value the other users’ time and efforts and this is one the key values of CoachCamp.
- Price of the session or a package of sessions will be reserved on the account of mentee within 24 hours before the session (or the first session in the package) begins and will be automatically transferred to the account of mentor after 24 hours since the session is completed. Price of the session displayed for the mentees comprises also the commission that CoachCamp charges for each session: the commission amounts 5% from the price, indicated by the mentor. CoachCamp reserves the right to change the commission at any time without any notice.
- Mentee shall address his or her concerns to CoachCamp (at support@thecoachcamp.com or directly to contact support from your profile) within 8 hours after the session is completed in case the mentor was violating our Policies and/or Terms, we will investigate and refund you fully or partially (depending on the circumstances) the price of this session in case it was a negative and unprofessional experience. In case a number of concerns are addressed by the mentees in relation to a certain mentor, CoachCamp reserves the right to suspend his or her account: the reason why CoachCamp does that is to ensure that users observe the Policies and Principles.
- Bank account information shall be provided by users directly to Stripe or any other payment processing providers, CoachCamp is not involved in such transactions and processing thereof. Refunded amount is transferred only to the card, that you have while making an order. We aim to complete the refund process for valid claims within less than 14 days.
Warranty Disclaimer
CoachCamp does not representat or warrants about accuracy of any content or Submissions contained in or accessed through Website/Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Website/Service. We make no representations or warranties regarding suggestions or recommendations of services offered or purchased through Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through Service are provided “as is” and without any warranty of any kind from CoachCamp or its users. When using Website and /or Service you are responsible for compliance with laws and regulations, that apply to you in connection therewith.
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Limitation of liability
- CoachCamp is not liable to users and any third parties for any damages resulting from your use or inability to use Website and/or Service, its content, Submissions, tools; for any consequential damages of any kind, including damages out of loss of profits, business or revenue, goodwill or reputation claims and any other matters beyond our control.
- Each user agrees to indemnify and hold CoachCamp, its affiliates, service providers, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to your use of Website and/or Service (including any actions taken by a third party using your account), and your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You may not assign or transfer your account, your rights or obligations hereunder, to any third party without CoachCamp’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice Of Law & Jurisdiction
- These Terms or the provision or use of Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of Delaware, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Service (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Santa Clara County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
- Before initiating an arbitration, you and CoachCamp each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to CopachCamp by mail and also by email at support@thecoachcamp.com. CoachCamp will provide a Notice of Dispute to you via the email address that you provided. You and CoachCamp agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or CoachCamp may commence an arbitratio proceeding.
- If your claim does not exceed USD5,000, you and CoachCamp agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and CoachCamp submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or CoachCamp, or deemed necessary by the arbitrator, you and CopachCamp agree that the hearing will be conducted telephonically or videographically.
- An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding.