terms of service

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).

1. About us

1.1 MyKoach Limited (company number 14320351) (we / us) is a company registered in England and Wales and our registered office is at C/O Inteckltd, Lakeview 600 Lakeview 600, Centre Park Square, Warrington, United Kingdom, WA1 1RW. We operate the website https://www.mykoach.co.uk/ (Website).

1.2 To contact us, telephone our customer service team at 07725209316 or email us at info@mykoach.co.uk

1.3 How to give us formal notice of any matter under the Contract is set out in clause 15.2.

2. Our contract with you

2.1 These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 These Terms and the Contract are made only in the English language.

2.3 You should print off a copy of these Terms or save them to your computer for future reference.

3. Placing an order and its acceptance

3.1 Please follow the onscreen prompts to subscribe to our services. You may only submit a subscription for our services using the method set out on the site. Subject to these Terms, each subscription is an offer by you to buy a subscription to:

(a) access the koach area on our Website;

(b) create and manage a koach profile on our Website

(c) have your koach profile publicly available on our Website for users to see;

(d) if selected (and paid for), have your identification documents verified by us; and

(e) receive emails from us in connection with introductions to other users of our Website who may wish to engage you directly for sports coaching services, together hereinafter referred to as the Services.

3.2 Our online process allows you to check and amend any errors before submitting your subscription order to us. Please check the details carefully before confirming. You are responsible for ensuring that your subscription order is complete and accurate.

3.3 After you subscribe for our services, you will receive an email from us acknowledging that we have received and accepted your subscription.

3.4 If we are unable to supply you with the Services for any reason, we will inform you of this by email. If you have already paid for the Services, we will refund you the full amount.

4. The Services

4.1 The Services do not include any contract for the purchase of sports coaching services, whether by us or by any user of our Website. Any contract made between you and a user of our Website shall be by way of direct contract between you and that third party user of our Website and we shall have no liability or responsibility to you or any user of our Website in connection with the same.

4.2 Any descriptions on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

4.3 We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

4.4 We warrant to you that the Services will be provided using reasonable care and skill.

4.5 Any performance dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

5. Your obligations

5.1 It is your responsibility to ensure that:

(a) the terms of your order are complete and accurate;

(b) you cooperate with us in all matters relating to the Services;

(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

(d) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and

(e) you comply with all applicable laws, including health and safety laws.

5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):

(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 12 (Termination);

(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

5.3 We are unable to perform the Services at addresses outside the UK.

6. Charges

6.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6.

6.2 The Charges are the prices quoted on our site at the time you submit your order.

6.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.

6.4 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 6.7 for what happens if we discover an error in the price of the Services you ordered.

6.5 Our Charges may change from time to time, but changes will not affect any order you have already placed.

6.6 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

6.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.

7. How to pay

7.1 Payment for the Services is in advance. We will take your first payment upon acceptance of your subscription order and will take subsequent payments monthly in advance.

7.2 You can pay for the Services using a debit card or credit card or by direct debit. Your designated bank account will be charged automatically each month.

7.3 For any failed or cancelled payments, a £20 administration fee will be levied.

7.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 12 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7.5 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. Intellectual property rights

8.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.

8.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

9. How we may use your personal information

9.1 We will use any personal information you provide to us to:

(a) provide the Services;

(b) process your payment for the Services; and

(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.

9.2 We will process your personal information in accordance with our Privacy Policy, the terms of which are incorporated into this Contract.

10. Limitation of liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

10.1 Subject to clause 10.5, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, for any losses suffered by you as a result of any contract made by you directly with any user, prospective user or former user of our website https://www.mykoach.co.uk/.

10.2 Subject to clause 10.5, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the lower of £100 or 100% of the total Charges paid under the Contract in the preceding 12-month period.

10.3 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

10.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

10.5 This clause 10 will survive termination of the Contract.

11. Confidentiality

11.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.

11.2 We each may disclose the other's confidential information:

(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

12. Termination, consequences of termination and survival

12.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract on the due date for payment;

(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

12.2 Consequences of termination

(a) On termination of the Contract you must return all of Our Materials and any deliverables specified in your order which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.

(b) Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 45 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

14. Non-solicitation

You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.

15. Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email.

15.2 Any notice given under or in connection with the Contract must be in writing and be delivered personally or sent by pre-paid first class post or other next working day delivery service.

15.3 A notice or other communication is deemed to have been received:

(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; or

(b) if sent by pre-paid first class post or other next working day delivery service, at 9:00 am on the second working day after posting.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 A notice shall not be valid if served by fax, email, SMS/text message, instant message or via any online or mobile phone application.

15.6 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

16. General

16.1 Assignment and transfer

(a) We may assign or transfer our rights and obligations under the Contract to another entity.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Entire Agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

16.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.4 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.5 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.6 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.7 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.