Coachys Pty Ltd ACN 602 505 868 (referred to as Coachys) provides a booking platform, payment platform, searchable directory of coaches and their services and an introductory service for people who seek fitness and/or coaching services from fitness professionals and sport coaches for their personal fitness needs and/or their children's fitness needs (Fitness Enthusiasts) and fitness professionals and sport coaches who are able to provide fitness services and/or coaching services (Coaches) (collectively, the Services). The Services are available on the Coachys website at www.coachys.com (Site).
(a) These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Coachys, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Site or Services including but not limited to a Fitness Enthusiast and a Coach (collectively referred to as Users, each a User). By accessing or using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Coachys using the contact details at the end of these Terms.
(b) Each User's use of the Site and the Services indicates that:
(i) the User has had sufficient opportunity to access the Terms and contact Coachys;
(ii) the User has read, accepted and will comply with the Terms;
(iii) the User has legal capacity to enter into a contract for sale; and
(iv) the User is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User should not click to accept these Terms or use the Site and Services.
(c) These Terms may be amended from time to time, without prior notice to a User. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Coachys recommends that each User checks the current Terms, before continuing use of the Services. Coachys's agents, employees and third parties do not have authority to change the Terms.
(d) These Terms supplement and incorporate:
(i) the 'Additional Terms and Conditions for Coaches' set out below;
(ii) the Coachys's policies and terms and conditions including without limitation the Website Terms of Use and Privacy Policy posted on the Site;
(iii) the DigitalOcean terms including without limitation the Privacy Policy;
(iv) the Braintree Payment Services Agreement; and
(v) the PayPal Terms of Service including, without limitation, the User Agreement.
Coachys's Privacy Policy sets out how Coachys collects, uses and protects the personal information of its Users. Coachys's Website Terms of Use govern your use of the Site.
(a) The Site and the Services provide a booking platform, payment platform, searchable directory of Coaches and their coaching and fitness services and an online introductory platform for Fitness Enthusiasts and Coaches.
(b) A User must register on the Site and create an account (Account) to access all Services and features on the Site. Only Users with an Account can create a profile as per information requested on the Site (Profile).
(c) Coaches with a Profile may create listings (Listing) on the Site to advertise the availability of any Coaches' services (Coaching Services). Coaching Services include the provision of training sessions by Coaches to Fitness Enthusiasts (Sessions). Sessions vary in length and cover a range of personal training and fitness related activities.
(d) Fitness Enthusiasts will be able to book and pay for Coaching Services through the Site. When such User books a Coaching Service (Booking), they accept any terms and conditions set out in the relevant Listing. Bookings can be made by a User for (i) themselves; or (ii) as the parent or guardian of their child under the age of 18 (Minor).
(e) A User can browse and view Listings, Profiles and the Site as an unregistered user of the Site or Services. Only Users with an Account can access some Services and features on the Site including making a Listing, creating a Profile and making a Booking.
(f) Each User understands and agrees that the Site is an online introductory platform only, and that Coachys's responsibilities are limited to (i) facilitating the availability of the Site and the Services; and (ii) acting as a limited payment collection agent of each Coach.
(g) Coachys is not a party to any agreement entered into between a Fitness Enthusiast and a Coach. Coachys (i) is not a referrer or booking agent; or (ii) does not provide any Coaching Services or training facilities, and provides no such related services. Coachys has no control over the conduct of Fitness Enthusiasts, Coaches and any other Users of the Site and the Services. Coachys disclaims all liability in this regard, as set out in these Terms.
(h) Any arrangement between a Fitness Enthusiast and a Coach is solely between such Fitness Enthusiast and Coach. It is strictly and expressly not part of the User's agreement with Coachys.
(i) The Sessions, Coaching Services and the Site may include features that promote physical activity or nutritional information. It is a User's responsibility to consider the risks involved in participating in Sessions and Coaching Services and to consult with a medical professional before engaging in Sessions or Coaching Services, if necessary. If a Fitness Enthusiast is booking the Coaching Services for use by a Minor, the Fitness Enthusiast is solely responsible for determining the suitability of Coaching Services for that Minor.
(j) Coachys is an online introductory platform, not a medical advice or weight loss service. Coachys is not responsible or liable for any deaths, injuries, medical or health related issues a User and their unborn child or Minor may sustain as a result of the use of or inability to use the features of this Site, or as a result of participation in Sessions and/or Coaching Services. If the User suffers from any injuries or has any medical or health concerns, it is the User's responsibility to seek medical advice and treatment as soon as possible.
(a) Each User may only have one (1) Account on the Site including a Profile
(b) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
(c) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Coachys reserves the right to suspend or terminate any User's Account and his/her access to the Site and Services if any information provided to proves to be inaccurate, not current or incomplete.
(d) To keep information secure and confidential, Users will be requested Coachys to change their passwords at regular intervals.
(e) It is the User's responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(f) The User will immediately notify Coachys of any unauthorised use of its Account.
(a) Users can access the Site to search for and communicate with Coaches and obtain Coaching Services.
(b) Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Coachys does not provide a User with and cannot guarantee that other Users have genuine intentions.
(c) Each User should report to Coachys any activities or requests of Users which are, or which the User reasonably believes to be:
(i) suspicious;
(ii) inconsistent;
(iii) illegal; or
(iv) likely to have a negative effect on the reputation of Coachys, the Site, Services and/or a User
(d) Each User acknowledges and agrees that while the Site allows Users to communicate with Coaches. Users are not permitted to share the contact information of other Users
(e) Coachys reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Coachys, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services
(a) Fitness Enthusiasts must rate a Profile (Rating) after completing their Session. Ratings determine the popularity of individual Profiles. A Fitness Enthusiast cannot make a Booking until they have submitted a Rating. A Fitness Enthusiast may also provide feedback to Coaches regarding a completed Session (Review)
(b) Ratings and Reviews of a Coach can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Coach's Account, Profile and Listing is removed or terminated.
(c) Fitness Enthusiasts must provide true, fair and accurate information in their Review.
(d) If, in Coachy's reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Coachys may delete the Review or ban the Fitness Enthusiast from posting the Review. Coachys does not undertake to review each Review made by a Fitness Enthusiast.
(e) To the fullest extent permitted by law, Coachys is not responsible for the content of any Reviews
(a) Payments required to be made by Fitness Enthusiasts and Coaches differ. Payments required to be made by Coaches are set out below under 'Additional Terms and Conditions for Coaches'.
(b) Each Fitness Enthusiast acknowledges and agrees that use of the Services may result in charges to them
(i) for the Coaching Service they receive from Coaches (Coaching Service Fee); and
(ii) a booking fee to Coachys for each Session booked (Booking Fee), (collectively the Fees.)
(c) The Fees are charged in Australian Dollars unless otherwise specified (i) for a Coaching Service Fee, in a Listing; or (ii) for a Booking Fee, on the Site.
(d) Goods and Services Tax (GST) will be charged where applicable.
(e) Each Fitness Enthusiast is required to pay upfront the applicable Fees in respect of a Booking.