Terms & Conditions for Users

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us
  https://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.Definitions:
  
  A “User” (“you”) is anyone who uses Search Services on our site.
  A “Registered User” is any User who has registered for a User Account (“account”) on our site.
  Any Reference to “User” or “you” 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 said Registered User’s use of the Search Services on their behalf.
  
  Yes Coach provides a service which allows Users to search for sports coaches (“Coach”) in a specified location and connect with them with the aim of engaging their services (the “Search Services”). Please note that all Coaches are not employees agents or contractors of, and are entirely independent from, Yes Coach. Yes Coach acts purely as a source of introduction between you and Coaches.
  
  To contact us, please fill in the contact form on our website: https://yes.coach/contact-us/
2. By using our site you accept these terms
  1. By using our site, you confirm that you accept these terms of service and that you agree to comply with them. We reserve the right to amend these terms from time to time (see clause 9.1), your continued use of this Site shall be subject to the current terms appearing on the Site.
  2. If you do not agree to these terms, you must not use our site.
  3. We recommend that you save a copy of these terms for future reference.
  4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of services and other applicable terms of service, and that they comply with them.
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 User Account
  1. Users will have the option to register a User Account with Yes Coach.
    - First and last Name;
    - A Mobile Number;
    - An Email Address;
    - The User’s Date of Birth;
    - The User’s Gender Identity (this is optional); and
    - A Password.
  2. A User who has registered an account will become a Registered User. We will use the information provided for the purposes of providing the services and in accordance with our Privacy Policy.
5. Verification Badges
  1. 1. A Coach’s profile will display different badges depending on the supporting documents that the Coach provides.
      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. 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. Verification badges are attributed to Coaches solely based on the supporting evidence that the Coach provides to us. A badge will reflect that the Coach had such accreditation at the date on which they provided evidence of such accreditation. We do not check that the accreditation documents provided by the Coach are genuine and we are solely reliant on the Coach’s word.
    5. We do not monitor the status of a Coach’s accreditations beyond the point at which they register. As such, we do not guarantee that, at the point in time that you may engage with any given Coach, their accreditations are the same as they were when we verified them when the Coach registered on our site.
  Information on a Coach’s Profile
  1. Any information that is displayed on a Coach’s profile regarding their coaching services (aside from any verification badges) is provided solely by the Coach, and is not verified, nor monitored, by us. You therefore rely on this information at your own risk.
6. 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 6.6 below.
  3. The Search Services are currently provided to Users free of charge, however we reserve the right to charge for our search services in the future but will not do so unless we provide the Users advance notice.
  4. Use of the Search Services is conditional upon your acceptance of these Terms and Conditions. By submitting a search request via the Website, you are deemed to have accepted these Terms and Conditions, thereby forming a binding agreement between you and Yes Coach for the provision of the Search Services. This agreement is distinct and separate from any contractual relationship you may subsequently enter into with any Coach identified through the Search Services.
  5. Search requests may be rejected if the specified location falls outside of the current geographical scope of the Search Services, being the United Kingdom.
  6. Where a search is accepted and valid, Yes Coach will display the profiles of Coaches relevant to your search criteria. If you are a Registered User, Yes Coach will additionally provide you with access to the profiles of the displayed Coaches. It is your sole responsibility to initiate contact with any such Coach(es), should you choose to do so. In the event that no potentially relevant Coaches are identified, you will be notified accordingly and may be prompted to broaden your search parameters.
  7. If you choose to contact a Coach following your use of the Search Services, Yes Coach will provide a contact form that you fill out and which will be submitted by us to the Coach. This form will typically require the following information:
    - Your First and Last Name;
    - A Mobile Number;
    - An Email Address;
    - The Participant’s Age (where applicable);
    - The Participant’s Gender Identity (where applicable);
    - Your message to the Coach.
  8. We strongly recommend that you do not provide information that can be used to personally identify the Participant (if applicable) to Coaches through our website, and that you instead do this once you have established direct contact with a Coach.
  9. The information in clause 6.7 will be provided to the Coach solely for the purpose of establishing contact between you and the Coach.
  10. You are solely responsible for verifying any information provided by Coaches and for determining their suitability to meet your specific requirements. Yes Coach makes no representations or warranties, express or implied, as to the capability or suitability of any Coach identified through the Search Services. It is your responsibility to ensure that any Coach meets your requirements prior to entering into any contractual arrangement with them.
  11. Should you enter into an agreement with a Coach following use of the Search Services, such agreement shall be solely between you and the Coach. 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 the Coach thereunder.
    Important: Yes Coach strongly advises that minors or vulnerable individuals must not be left alone with a coach at any time. They should always be accompanied by a responsible adult, regardless of whether the Coach is Yes Coach Blue Tick verified (i.e. has a blue tick on their profile) or not.
7. Termination of our agreement
  1. You may terminate your agreement with us at any time by discontinuing your use of the Search Services. If you are a Registered User, you must notify us of your intention to terminate the agreement and close your account by deleting your account in the account settings.
  2. Termination of your agreement with us does not terminate any contractual relationship that you may have with any Coach(es) that have been formed following your use of the Search Services.
  3. We will use cookies to monitor when you use the site (see our Cookies Policy) and if you have not used our site for an extended period of time and you are a Registered User, we may terminate your access. If you wish to continue to use the Site you may re-register (unless we have terminated your access in accordance with clause 12).
8. 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.

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.