Terms & Conditions for Coaches

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact ushttps://yes.coach/ is a website (Site) operated by Yes Coach Sports Limited (“We”, “us”, “Yes Coach”). We are registered in England and Wales under company number 15982170 and have our registered office at 10 Milton Court, Ravenshead, Nottingham, Nottinghamshire, England NG15 9BD.
2. Background and these termsYes Coach provides a service which allows Coaches to advertise their coaching services and for Users to search for Coaches in a specified location and field and connect with them with the aim of engaging their services either for themselves or for a third-party participant (the “Search Services”).
  The Use of the Site by a Coach and the ability for the Coach to advertise on the Site is subject to these terms and conditions and you hereby agree to these terms and conditions if you use the Site.
  
  Definitions:
  
  A “Coach” (“you”) is anyone who is a subscriber of the Subscription Services and who is offering sports coaching services to Users. Please note that all Coaches are not employees, agents or contactors of, and are entirely independent from, Yes Coach. Yes Coach acts purely as a source of introduction between you and Users.
  A “User” is anyone who uses Search Services on our site.
  A “Registered User” is any User who has registered for a User Account on our site.
  Any Reference to “User” shall include both Users and Registered Users.
  Any Reference to “Registered User” shall only mean Registered User and does not include User.
  A Participant is anyone, other than the Registered User, who receives, or will prospectively receive, coaching from a Coach following a Registered User’s use of the Search Services on their behalf.
  
  To contact us, please fill in the contact form on our website: https://yes.coach/contact-us/
3. There are other terms that may apply to you
  1. These terms of service refer to the following additional terms, which also apply to your use of our site:
    - Our Privacy Policy https://yes.coach/privacy-policy/ which explains how we collect, use and store your personal data.
    - Our Cookie Policy https://yes.coach/cookie-policy/, which sets out information about the cookies on our site.
    - Our Acceptable Use Policy https://yes.coach/acceptable-use-policy/, which sets out what amounts to acceptable use of our website.
4. Registering a Coach Account
  1. Coaches will be required to register a Coach Account (“account”) with Yes Coach.
  2. This will require
    1. General information relating to the Coach comprising:
      - Business name (if applicable);
      - Status of business – is it a company, partnership or sole trader (if applicable);
      - Name of directors or proprietors of the Business (if applicable);
      - Address of Business (if applicable);
      - A Mobile Number;
      - An Email Address;
      - VAT number (if applicable);
      - Details of Individual coaches:
        
        Name and address of individual coach(es)
        
        Mobile number of individual coach(es)
        
        Email address of individual coach(es)
      - A Password.
    2. General information relating to the Coach comprising:
      - The sport(s) that each Coach is offering to coach;
      - The primary location of where you coach;
      - The radial area, in miles, around your primary location of work where you can coach.
    3. Supporting documents, comprising:
      - Photo identification of each Coach (e.g. valid passport or driver’s license);
      - A valid Basic, Standard or Enhanced DBS Check Number of each Coach (optional);
      - Your Coaching Qualifications of each Coach (optional);
      - Current First Aid Certificate of each Coach (optional).
      (Note if you provide the optional elements above you will be entitled to a Yes Coach Verification Blue Tick. Please see clause 5.2 below for details)
  3. We will review all of the information that you provide in the process of registering an account. Only once we are satisfied that the information provided is true, and that any provided documents are valid, will you be able to utilise the Subscription Services to advertise your coaching services.
  4. In addition to our verification of your information and documents, you will also be required to complete an online identity check with a third party identity checker of our choice, currently Veriff (https://www.veriff.com/). By registering an account, you confirm that you and each Coach consents to us providing each person’s contact information to Veriff for them to send you and the coach (as appropriate) an online identity check to complete.
  5. By registering an account, you confirm that you accept these terms of service and that you agree to comply with them.
  6. We will use the information provided for the purposes of providing the services and in accordance with our Privacy Policy.
  7. We reserve the right to refuse your registration of a Coach Account, or to subsequently terminate the Coach account at our discretion, but particularly where:
    - You have provided information (including supporting documentary evidence) that is insufficient, false or inaccurate;
    - The information you have provided does not match the Identity Check provided by Veriff.
5. Verification Badges
  1. 1. A Coach’s profile will display different badges depending on the supporting documents that the Coach provides pursuant to clause 4.2.3
      Badges visible only to Registered Users
      1. A Coach who has provided valid First Aid Certificate will be granted the First Aid badge to be displayed on their profile.
      2. A Coach who has provided valid Coaching Qualifications will be granted Coaching Qualification badges matching their qualifications to be displayed on their profile.
      Badges visible to all Users
      1. A Coach who has provided a valid Basic, Standard or Enhanced DBS Check Number along with supporting evidence of their documentation (copy or photo) will be granted a Basic, Standard or Enhanced (whichever applies) DBS Check badge to be displayed on the Coach’s overview should they appear in search results following a Users’ usage of the Search Services.
  Yes Coach Verification
  1. Coaches can be granted a Yes Coach Verified Blue Tick (being the highest form of verification that Yes Coach will display on a Coach’s profile) to display on their profile where they provide evidence (which can be a copy or a photo of) of all of the following documents:
    - An Enhanced DBS Check Number, along with supporting documentation;
    - A recognised Coaching Qualification;
    - A current in date Basic (or Higher) First Aid Certificate.
  2. Only once these have been verified by Yes Coach to be true and valid will the Yes Coach Verified Blue Tick be granted to a Coach.
  3. A Yes Coach Verified Blue Tick displayed on a Coach’s profile will be visible to all Users.
  4. We reserve the right to request, at our discretion, that you provide us with up to date evidence of any of the supporting documents listed in clause 4.2.3 and that you obtain and provide to us a further DBS check to retain your Yes Coach Verified status.
6. Coach Profiles
  1. A Coach Profile (“profile”) is the profile that a Coach can create for the purposes of advertising their coaching services on the Site.
  2. A Coach who is subscribed to the Pro or Elite packages will be able to create an Individual Coach Profile, being a Coach Profile for an individual Coach. This includes a business where the Coach is a sole trader. Such profiles must not be used for any more than one individual Coach.
    1. You must not use your Individual Coach Profile to advertise for any coaching business, including displaying their name or logos, other than your own where you are the sole trader. Logos must never be used as a profile photo for Individual Coach Profiles.
    2. You must not choose your profile’s display name as your business trading name. The profile name must be your own name, but you are permitted to display your business’s trading name in your profile’s bio where you are a sole trader.
  3. A Coach who is subscribed to an Enterprise package will be able to create an Enterprise Coach Profile, being a Coach Profile for multiple Coaches belonging to the same enterprise.
  4. You warrant that all information that you display in your profile, or that you provide to us to display in your profile, is true and accurate and complies in all respects with the Acceptable Use Policy.
  5. You agree that you will indemnify us in respect of any claims that any Users or Participants, with whom you have a contract of service, may bring as a result of the information that you display on your profile or as a consequence of the services you provide the User or the Participant.
  6. We reserve the right to monitor any information that you display on your profile.
  7. We reserve the right to suspend your access to, and ultimately delete, your profile in the event that it breaches any of our terms and conditions, and particularly our acceptable use policy. This is especially the case where we receive User or Participant complaints about your profile.
7. The Search Services
  1. The Search Services comprise the identification and display of Coaches deemed potentially relevant to the User’s search criteria, and access to such Coaches’ profiles.
  2. Users will have access to general details of coaches who have registered with this site but not their contact details. Registered Users will have access to more details about the Coaches including contact details as indicated in paragraph 7.3 below.
  3. Where a search is accepted and valid, Yes Coach will display an overview of Coaches relevant to the User’s search criteria. Registered Users will additionally be provided with access to the profiles of the displayed Coaches.
  4. Users will then be able to fill out a contact form which will provide the Coach with the identity and contact details of the User, general information of the Participant, and a message from the User to the Coach.
  5. Should you enter into an agreement with a User following their use of the Search Services, such agreement shall be solely between you and the User. Yes Coach shall not be a party to, nor shall it have any liability or responsibility in respect of, any such agreement or the services provided by you thereunder.
8. The Subscription Services
  1. 1. The Subscription Services comprise the access provided to a Coach to create a profile to advertise their coaching services, as well as the display of a Coach’s profile to Users when our site’s algorithm determines that a User’s search criteria match the details that the Coach has provided on their profile.
    2. The Subscription Services additionally grant Coaches access to Yes Coach’s membership events, which provide opportunities for Coaches to further promote their coaching businesses.
    3. The Subscription Services will be provided under three different packages (the “Subscription Package”), namely:
      - Pro – Monthly Package;
      - Pro – Yearly Package;
      - Elite – Monthly Package;
      - Elite – Yearly Package;
      - Enterprise Package (TBC).
  Yes Coach Verification
  1. 1. Where you subscribe to a monthly package, your subscription will begin on the date you first subscribe to the Subscription Services and will continue for 1 calendar month (the “Monthly Subscription Term”). For example, a subscription beginning on the 31st December will renew on 31st January, then 28th/29th February, then 31st March and so on. You will be deemed to have subscribed to the Subscription Services when you make payment for the first Monthly Subscription Term of your chosen Subscription Package. Your subscription will automatically renew in accordance with the above, subject to paying for the next calendar month in advance (see clause 9) unless it is terminated, either by us or by you cancelling it, or paused.
  Yearly Packages
  1. 1. Where you subscribe to a yearly package, your subscription will begin on the date you first subscribe to the Subscription Services and will continue for 1 year (the “Yearly Subscription Term”). You will be deemed to have subscribed to the Subscription Services when you make the annual payment for the Yearly Subscription Term of your chosen Subscription Package. Your subscription will automatically renew every year subject to paying for the next year in advance (see clause 9) unless it is terminated, either by us or by you cancelling it, or paused.
  Changing your Subscription Package
  1. You can change your Subscription Package by going into your account settings, going to My Subscription, and changing to the Subscription Package you want.
    1. Where you choose upgrade the tier of your Subscription Package (i.e. Pro to Elite), the change will take effect immediately. Where you upgrade your Subscription Package, the fee for the upgraded package will be prorated according to the number of days remaining in the current Subscription Term, and the prorated amount will be due immediately. Your account will be changed on payment of the prorated fee. You will then be charged your new subscription fee as usual in advance of your next renewal.
    2. Where you choose to downgrade the tier of your Subscription Package (i.e. Elite to Pro), there will be no prorating of your subscription fee, and therefore no refund or credit. You will simply pay the lower subscription fee in advance of your next renewal.
    3. Where you choose to change your Subscription Term (i.e. from Monthly to Yearly and vice versa), the change will only take effect from the beginning of your next renewal.
  2. Where you have signed up for the free trial, you will be able to use the Subscription Service free of charge for the period of time for which you signed up to (the “Trial Term”). The availability of a free trial, and the duration of the Trial Term, may be subject to future change. Following the Trial Term, a new Monthly Subscription Term or Yearly Subscription Term (whichever you chose to subscribe to) will begin for which you will automatically be charged, unless your subscription is terminated, before the end of the Trial Term, either by us or by you cancelling it. You can also pause the free trial in the same way that you can pause the Subscription Services. Upon the expiration of your Trial Term, if you have not provided us with any credit or debit card details with which to pay for a Subscription Package, your profile will automatically cease to be shown in any Search Services.
  3. Each Coach will only be eligible to receive and make use of 1 free trial. Any attempts to obtain more than one free trial, such as creating another Coach Account and registering for a free trial, will result in the suspension and potential termination of all Coach Accounts of the Coach in question.
  4. You may cancel your subscription at any time through your account settings. Where you cancel the Subscription Services before the end of the relevant Monthly Subscription Term or Yearly Subscription Term, you will continue to have access to the Subscription Services until said term expires, but you will not receive any refund for any unused portion of it.
  5. You may pause your subscription at any time through your account settings. You can pause your subscription for ay length of time without cancelling it, and you can resume your subscription at any time thereafter. You will not be charged for the duration that your subscription is paused, but upon resuming your subscription, you will be charged as usual should your subscription automatically renew.
  6. A Coach who subscribes to the Elite packages will be recognised by our site as a featured Coach, meaning that you may be promoted at the top of search results for searches that have been determined by our algorithm to match your profile. Only one featured Coach will be promoted per search. Where there are multiple Coaches who have subscribed to an Elite package, and who match the search criteria, the featured Coach profile is randomised and will change every time the search is refreshed or made anew.
  7. We do not guarantee that you will be hired by Users for your coaching services should you subscribe to the Subscription Services. Our role is solely to provide you with a platform on which to advertise your coaching services, and to connect with Users who are interested in said services.
  8. Coaching services that you provide to Users who have hired you pursuant to your use of the Subscription Services shall be provided by you under your own name or business name.
9. Payment
  1. To subscribe to the Subscription Services, you must pay the subscription fee relevant to the package that you choose on our site in advance.
  2. You may be required to provide details of a payment card upon signing up for the Subscription Services. This will require valid credit or debit card details (these will only be used to take payment for your choice of subscription, when you choose to subscribe). We do not accept charge cards such as American Express.
  3. By subscribing to the Subscription Services or where there is deemed subscription, you consent to us charging your payment card for the applicable subscription fees at the beginning of the Subscription Term and the beginning of any renewal thereof.
10. User Complaints
  1. Users are able to submit complaints regarding any Coaches that they have engaged for services. Whether or not a User has engaged a Coach for services, they may make a complaint regarding the contents of the Coach’s profile where they have reason to believe that any information contained therein is false or misleading. Our purpose in collecting these complaints is purely for us to obtain information regarding the Coach in order to assess the suitability of a Coach’s continued advertisement on our site, and to determine whether or not to suspend or terminate their Coaching Account.
11. Termination of our agreement
  1. You may terminate your subscription at any time pursuant to clause 7.7.
  2. You may terminate your registration of a Coach Account with us at any time by logging into your account, selecting “delete account” in the account settings, and providing your password to confirm deletion of the account.
  3. We may revoke your registration as a Coach on our site with immediate effect by giving you notice if:
    1. You default on any payment of sums due to us during the relevant subscription term;
    2. There are complaints, and / or negative reviews, on our site from Users against you, whether in respect of your services or your general interactions with them;
    3. You breach any of our Terms and Conditions, including any policies mentioned therein.
  4. Termination of your agreement with us does not terminate any contractual relationship that you may have with any User(s)that have been formed following your use of the Subscription Services.

General provisions

We may make changes to these terms
1. 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.
We may make changes to our site
1. We may update and change our site from time to time to reflect changes to our services, our Users’ needs and our business priorities.
We may suspend or withdraw our site
1. Our site is made available free of charge to Users. We reserve the right to charge Users for access in the future.
2. 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 operations reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this agreement to someone else
1. 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.
We may terminate your access to our site
1. We reserve the right at any time without notice to terminate your access to our site if you do not comply with these terms and conditions or if, in our opinion, your use of the site is contrary to our acceptable use policy or to protect the security of our site or to protect the content on this site or for any other reason in our reasonable discretion.
Our site is only for people resident in the UK
1. 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.
You must keep your account details safe
1. If you choose a username or password or any other piece of information as part of our registration and log in security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2. We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of services, or where, in our opinion, your username or password has been compromised or may be compromised.
3. If you know or suspect anyone other than you knows your username or password, you must promptly notify us using our contact form: https://yes.coach/contact-us/, and you must (where permitted) change your password.
How you may use material on our site
1. 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.
2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
3. 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.
4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. 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
6. If you print off, copy, download, share or repost any part of our site in breach of these terms of service, 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 (except that you are permitted to print off a copy of these terms of service).
No text or data mining, or web scraping
1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
  - Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
  - Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). Any breach by you of the provisions of this clause 20 shall entitle us to terminate your use of this website and any subscriptions and we shall be entitled to seek damages against you or other equitable remedy available to us through the courts or otherwise, and in our discretion to claim the sum of £20,000 in connection with any breach and in the event of each subsequent breach.
3. This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Uploading content to our site
1. Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, provide us with content to upload to our site, (including but not limited to coach profiles) or to make contact with other Users of our site, you must comply with the standards set out in our Acceptable Use Policy.
2. You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3. We will consider any content you upload to our site, or ask us to upload to our site, to be non-confidential and not protected by any trade mark, patent or copyright (“non-proprietary”), that is, in the public domain. You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to others.
4. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you or us upon your request to our site violates their intellectual property rights or their right to privacy.
5. We have the right to remove any posting you make or ask us to make on our site if, in our opinion, the post does not comply with the acceptable use standards set out in our Acceptable Use Policy.
6. If you wish to contact us in relation to content you have uploaded or asked us to upload to our site and that we have taken down, please use the contact form https://yes.coach/contact-us/.
Rights you are giving us to use material you upload
1. When you upload or post content to our site, you grant us the following rights to use that content:
  - A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service to expire when the User deletes the content from our site.
  - A worldwide, non-exclusive, royalty-free, transferable licence for other Users, partners or advertisers to use the content in accordance with the functionality of our site to expire when the User deletes the content from our site.
User-generated content is not approved by us
1. Our site may include information and materials uploaded by Coaches or Users. This information and these materials have not been verified or approved by us. The views expressed by other Coaches or Users on our site do not represent our views or values.
Do not rely on information on this site
1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
2. We have no control over the contents of those sites or resources.
We are not responsible for viruses
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not introduce viruses
1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it.
2. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site.
3. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way.
4. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
5. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Our responsibility for loss or damage suffered by you
- Whether you are a consumer or a business User:
  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, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Whether you are a business User:
  - We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  - We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    - Use of, or inability to use, our site; or
    - Use of or reliance on any content displayed on our site.
  - In particular, we will not be liable for:
    - Loss of profits, sales, business or revenue;
    - Business interruption; loss of anticipated savings;
    - Loss of business opportunity, goodwill or reputation; or
    - Any indirect or consequential loss or damage.
- Whether you are a consumer User:
  We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
1. We will only use your personal information as set out in our Privacy Policy.
Which country’s laws apply to any disputes?
1. If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English and Welsh law. We both agree that the courts of England will have exclusive jurisdiction, except that if you are a resident in a country other than England, you may also bring proceedings in your country of residence.
2. If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English and Welsh law. We both agree to the exclusive jurisdiction of the courts of England.