The Growing Coaches Limited
We create connections and inspire change
Agreed General Terms and Conditions
1.1 Agreed General Terms and Conditions
You agree that by setting up an account, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding Agreed General Terms and Conditions with The Growing Coaches Ltd (even if you are using our Services on behalf of a company). If you do not agree to these Agreed General Terms and Conditions (or “User Agreement”), do not click “continue” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate these Agreed General Terms and Conditions at any time you can do so by closing your account and no longer accessing or using our Services.
These Agreed General Terms and Conditions apply to http://www.thegrowingcoaches.com and other The Growing Coaches-related sites, apps, communications and other services that state that they are offered under these Agreed General Terms and Conditions (“Services”), including the offsite collection of data for those Services.
The Growing Coaches Ltd
You are entering into these Agreed General Terms and Conditions with The Growing Coaches Ltd (also referred to as “we”, “us” and “our”).
You are entering into these Agreed General Terms and Conditions with us and we will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
1.2 User agreement
Coaches joining the platform agree to abide by the User Agreement: Coach as well as by these Agreed General Terms and Conditions with The Growing Coaches Ltd.
Coachees joining the platform agree to abide by the User Agreement: Coachee as well as by these Agreed General Terms and Conditions with The Growing Coaches Ltd.
2.1 Service Eligibility
Here are some promises that you make to us in these Agreed General Terms and Conditions:
You are eligible to enter into these Agreed General Terms and Conditions and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one account, which must be in your real name; and (3) you are not already restricted by us from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 18 years old. However, if law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including use of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. access bought by your employer), the party paying for such Service has the right to get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.3 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
3. Rights and Limits
3.1. Your License to The Growing Coaches Ltd
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honour the choices you make about who gets to see your information and content. As between you and us, you own the content and information that you submit or post to the Services, and you are only granting us and our affiliates the following non-exclusive license:
A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
By submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our users or others. You agree that we are not responsible for others’ (including other Users) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
We may help connect users offering their services with users seeking services. We do not perform nor employ individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that we do not supervise, direct, control or monitor the performance of these services and agree that (1) We are not responsible for the offering, performance or procurement of these services, (2) We do not endorse any particular offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between us and any user offering services. If you are offering services, you represent and warrant that you have all the required licenses and/or insurances and will provide services consistent with the International Coaching Federation (ICF), European Mentoring & Coaching Council (EMCC) or Association of Coaching (AC) code of ethics. Similarly, we may help you register for and/or attend meetings or events organised by users and connect with other users who are attendees at such meetings or events. You agree that (1) we are not responsible for the conduct of any of the users or other attendees at such meetings or events, (2) We do not endorse any particular event listed on our Services, (3) We do not review and/or vet any of these meetings or events, and (4) that you will adhere to these Agreed General Terms and Conditions that apply to such meetings and events.
We have the right to limit how you connect and interact on our Services.
We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other users. We reserve the right to restrict, suspend, or terminate your account if you breach these Agreed General Terms and Conditions or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts).
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
We reserve all intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. The Growing Coaches, and other The Growing Coaches trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of The Growing Coaches.
The Growing Coaches is a technology enabled platform which works with coaches who have either previously or are currently undergoing accredited coach training and matches, connects and facilitates the relationship between coaches and coachees. In accessing or using this Service you warrant that you will not, either directly or indirectly via any 3rd party, engage in the provision of a similar service, either now or at any point in the future so long as we continue to provide such Services.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Users to make recommendations for connections. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
THE GROWING COACHES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE GROWING COACHES AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE AGREED GENERAL TERMS AND CONDITIONS), THE GROWING COACHES, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THESE AGREED GENERAL TERMS AND CONDITIONS FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
THE GROWING COACHES AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE AGREED GENERAL TERMS AND CONDITIONS FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE GROWING COACHES FOR THE SERVICES DURING THE TERM OF THESE AGREED GENERAL TERMS AND CONDITIONS, IF ANY.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, Agreed General Terms and Conditions and law) even if The Growing Coaches or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
5. General Terms
Here are some important details about these Agreed General Terms and Conditions.
If a court with authority over these Agreed General Terms and Conditions finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Agreed General Terms and Conditions.
These Agreed General Terms and Conditions (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
We will enter into individual agreements with coaches and subscribers to the Service(s) and provide a template for the coach, coachee and sponsor (where one exists) to reach a written agreement. All such documents are subject to and supplemented by these Agreed General Terms and Conditions. In the event of any inconsistency between those agreements and these Agreed General Terms and Conditions, these Agreed General Terms and Conditions will prevail.
If we don't act to enforce a breach of these Agreed General Terms and Conditions that does not mean that we have waived our right to enforce these Agreed General Terms and Conditions. You may not assign or transfer these Agreed General Terms and Conditions (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign these Agreed General Terms and Conditions to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to these Agreed General Terms and Conditions.
You agree that the only way to provide us legal notice is at the addresses provided in Section 8.
6. The Growing Coaches “Dos and Don’ts”
We are a community of professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
- As a coach, use The Growing Coaches ‘Coaching – Our Guide to Working Together’ agreement for all coach/coachee assignments, with copies to be signed by the coach, coachee and sponsor (where one exists) prior to engaging in the first coaching session.
- As a coach, and only on a request from the Growing Coaches to do so, submit a copy of the signed ‘Coaching – Our Guide to Working Together’ agreement to firstname.lastname@example.org prior to engaging in the first coaching session.
You agree that you will not:
- Create a false identity, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Harass, abuse or send inappropriate messages to other users or to anyone whose contact details you have acquired whilst being a user.
- Publish in any form or through any medium any derogatory or disparaging comments about The Growing Coaches.
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
- Violate the intellectual property or other rights of The Growing Coaches, including, without limitation, (i) copying or distributing our learning material or videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “The Growing Coaches” or our logos in any business name, email, or URL.
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by The Growing Coaches without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our express consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our express consent;
- Deep-link from our Services for any purpose. For the avoidance of doubt this precludes Users from including any form of contact details including phone numbers, email addresses or website addresses within their Bio’s.
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, if applicable.
7. Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by users be accurate and not in violation of the intellectual property rights or other rights of third parties. It is not ok to harass, abuse, or send other unwelcome communications to other users. Contact email@example.com for complaints concerning content posted by our users.
8. How to Contact Us
Our Contact information: firstname.lastname@example.org .
Postal address: The Growing Coaches, 4a Pine Road, Edlesborough, LU6 2EJ
We can each end these Agreed General Terms and Conditions, but some rights and obligations survive.
Both you and we may terminate these Agreed General Terms and Conditions at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 5, 6.2 and 10 of these Agreed General Terms and Conditions;
- Any amounts owed by either party prior to termination remain owed after termination.
10. Governing Law and Dispute Resolution
This agreement shall be governed by English law. The English courts shall have exclusive jurisdiction in relation to any provisions which are covered by this agreement.
This policy is effective as of 12 November 2020.