1. User agreement

Please read this Agreement carefully before accessing or using the information and services available through www.findmycoach.com or www.findmycoach.net.au (“the Website”). By accessing or using the Website, you agree to be bound by the Terms and Conditions (“Agreement”) and our Privacy Policy. Find My Coach Pty Ltd (ABN 28 321 531 729) (“Find My Coach”) may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement on the Website. Find My Coach owns and operates the Website across desktop, mobile apps and tablet apps. This Agreement applies to all such usage and including any major or sub-domains that are operated by Find My Coach.

This Agreement is between you and Find My Coach (referred to in this Agreement as “we”, “us” or “our”).

2. Definitions

“Agreement” means these Terms and Conditions and our Privacy Policy as may be amended from time to time.

“Website Service” means all services provided by us via the Website including information services, content and transaction capabilities.

3. Registration and user requirements

(a) In order to access some of the features of the Website, you may need to register. The registration process requires you to provide us with personal information including:

(i) your name;

(ii) your address; and

(iii) your valid email address.

To ensure the provision of the Website Service, you must ensure this information is accurate and current.

(b) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using the Website, you give implied consent to receive certain communications.

(c) You may opt-out of the Website and Website Service at any time.

(d) To register an account and use the Website you must:

(i) be at least 18 years old or comply with paragraph 3(e) below; and

(ii) have capacity to enter into a legally binding agreement.

(e) If you are under the age of 13 years, you may not register an account or use the Website. If you are 13 or older but under the age of 18, you represent that you have reviewed this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand this Agreement. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to register an account, you agree to:

(i) exercise supervision over the Minor's use of our website and account;

(ii) assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;

(iii) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;

(iv) assume liabilities resulting from the Minor's use of our website and their account;

(v) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(vi) provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to this Agreement on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Website and your account on this basis.

(f) You may also register by logging into your account with certain third-party social networking sites including, but not limited to, Facebook, via the Website. By logging into your account with such certain third-party social networking sites you represent that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account. You have the ability to disable the connection between your Find My Coach account and your third-party accounts. Your relationship with third-party social networking sites associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

4. Access and use of the Website

(a) You must only use the Website (whether via desktop, mobile app or tablet app) in accordance with these terms and any applicable law.

(b) You must not and must not attempt to:

(i) interfere or disrupt the Website;

(ii) use data gathering or extraction tools on the Website;

(iii) interfere with security-related or other features of the Website; or

(iv) use, copy or distribute the Website or any material on the Website without our express permission.

(c) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.

(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

(e) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must take immediate steps to re-secure your account (including by changing your password).

(f) You must not use another member's account without our, and/or the other user’s, express permission.

5. No guarantees as to the Website availability

(a) We do not warrant that the Website will be available at all times and without disruption.

(b) We do not give any warranties in relation to the content of any other website linked to or from our Website.

(c) We provide no warranty to you that the services generally available through our Website will be uninterrupted or error-free or that defects in the service will be corrected.

(d) You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

6. Information on the Website

(a) Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.

(b) Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors found in any articles or blog posts featured.

(c) You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.

(d) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use the Website for any purpose that is unlawful or prohibited by this Agreement.

(e) You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with our prior written consent.

Terms and Conditions for Coaches

 

Safety and Legal Requirements

  1.  Number of sessions completed

  2. Coaching Rank - determined by sessions and star rating

  3. Star Rating - determined by reviews from clients who have hired you for coaching

  • Pro Rank - 3+ Stars (Initial starting rank)
    Between a coaches 1st and 6th session a coach will earn 80% of their total session fee e.g. If you charge $60 per session you will receive $48 for your 1st session till your 6th Session

    All Star Rank - 3.5+ Stars (average review required to reach)
    Between a coaches 7th and 12th session a coach will earn 85% of their total session fee e.g. If you charge $60 per session you will receive $51 for your 7th session till your 12th Session.

    Superstar Rank - 4+ Stars (average review required to reach)
    Between a coaches 13th and 19th Session a coach will earn 90% of their total session fee e.g. If you charge $60 per session you will receive $54 for your 13th session till your 19th Session.

    Hall of Fame Rank - 4.5+ Stars (average review required to reach)
    Once you reach your 20th session with a star rating of 4.5 stars or higher you are eligible to receive 95% of your session fee e.g. If you charge $60 per session you will receive $57 for every session from that point on.

    Star Ratings
    If a coaches star rating declines they will be brought back to the rank corresponding to that star rating. This way Find My Coach can encourage coaches to maintain the highest possible session quality for every session they coach.

  • Find My Coach DOES NOT take a service charge from coaches once they have been hired by a SCHOOL, ORGANISATION OR SPORTING ASSOCIATION, as they will pay the coach directly.
  • Find My Coach does not accept liability for any stolen equipment by the booking party, ALL COACHES are liable for their own equipment.
  • Find My Coach will not disclose the personal information of coaches unless it deems it to be required by a third party e.g. for booking or enquiry purposes. This information excludes details concerning a coaches personal address and bank account which under no circumstances will be given to a third party unless previously authorised by the coach themselves.
  • Coaching payments will occur every fortnight on a Monday, please allow for bank transfer and processing times which may vary across major banks.
  • Payments will be the sum of all PRIVATE SESSIONS accumulated in that fortnight MINUS the % service fee. No other deductions or payments will occur.
  • Find My Coach reserves the right to remove any coach from the database as a result of misleading information and or inappropriate behaviour tat may bring Find My Coach into disrepute.
  • Find My Coach has a three strike process, relating to missed sessions. If a 3 sessions are left unattended without notification to Find My Coach, the coaches profile will be removed from the database.

By signing up as a coach on Find My Coach you agree to:

  • Provide correct and truthful details regarding your personal information.
  • Not put Find My Coach into any form of disrepute by conducting yourself with professionalism at all times.
  • Provide your personal details to Find My Coach.
  • Allow comments under your profile from customers who have hired you as a coach.
  • Agree for information you have elected to be presented on your profile online for the general community to see.
  • Receive emails and or calls regarding coaching opportunities at school/association/organisations.
  • Provide truthful and legitimate details about any previous history, and or experience concerning your allocated sport.
  • Only commit to sessions you can attend to, should a session not be able to be attended for a particular reason Find My Coach must be notified. If FMC is not notified a strike will be placed against the coaches name. Three strikes will result in the deletion of the coaches profile.
  • Not circumvent the system by conducting all organised sessions on the Find My Coach platform.
  • Not take cash from clients as this puts you at an insurance risk that Find My Coach can not cover.

By agreeing to the Terms and Conditions you agree to the % service fee for private bookings and any personal details required by a school/association/organisation/private individuals as well as any other of the requirements listed above.

7. Relationship with coaches

(a) Find My Coach is an online community for coaches of all sports. It serves as a central hub by which anyone be it a private individual, member of a sporting organisation or school can search and hire a sports coach either privately or for their program.

(b) Find My Coach is free for coaches to sign up to and remain for as long as they like. There are no profile fees, and coaches may make as many changes to their profile as they wish, by simply contacting Find My Coach or through our mobile app.

(c) You must have a Working With Children Check completed prior to being listed on the Find My Coach database. This is to ensure the safety of all those involved.

(d) We charge a service fee when a coach is booked for a private session (i.e. a session not associated with a school or sporting association). You will be notified of the service fee structure through the Website. This would include a situation whereby a parent decides to hire a coach using the Find My Coach database and paying using one of our online payment options. At the completion of the session (which must be confirmed by the parent and the coach) your coaching fee will be transferred to into your nominated bank account with the deduction of our service fee. For example, a $40 session privately booked would incur a $X service fee thus $[40-X] would be transferred into your account.

(e) We will not take a service charge from you if you have been hired by a school, organisation or sporting association, as they will pay you directly.

(f) Nothing in this Agreement constitutes or deems you to be an employee, agent, partner or trustee of Find My Coach.

(i) In relation to coaching services provided to private individuals, the relationship between Find My Coach and you is of a principal and an independent contractor.

(ii) In relation to schools, organisations and sporting associations (organisations) you acknowledge that we are providing the organisation with recruitment services and that we are not a direct party to any transaction that we facilitate between you and the organisation and accordingly we shall have no liability of any kind in relation to any such transaction.

(g) You acknowledge that we are not liable for any equipment stolen or damaged by the booking party. You are responsible for all equipment necessary to provide the coaching services.

(h) We will not disclose your personal details unless we deem it to be required by a third party e.g. for booking or enquiry purposes. This excludes details concerning your personal address and bank account which under no circumstances will be given to a third party unless previously authorised by you.

(i) Transfers of fees to you will occur every fortnight on a Monday or as otherwise may be communicated to you via the Website or otherwise. Please allow for bank transfer and processing times which may vary across major banks.

(j) Each transfer will include the sum of fees payable in respect of all private coaching services that you provided to customers through the Website during the previous fortnight less our service fee. No other deductions or payments will occur.

(k) We reserve the right to remove any coach from the database as a result of misleading information and or inappropriate behaviour that may, in our opinion, bring Find My Coach into disrepute.

(l) We have a ‘two strike process’ relating to missed sessions. If you do not attend two

sessions without notification to Find My Coach, your profile will be removed from the database.

8. Your representations

By signing up as a coach on Find My Coach you agree to:

(a) Provide correct and truthful details regarding your personal information when required.

(b) Conducting yourself with in a professional manner at all times and not behaving in a manner that may cause harm to Find My Coach’s reputation.

(c) Consent to comments appearing under your profile from customers who have hired you as a coach.

(d) Information that you have elected to be presented on your profile being available online for the general community to see.

(e) Receive emails, calls and/or other notifications (eg push notifications via the mobile app) regarding coaching opportunities at schools, associations and/or organisations.

(f) Provide truthful and legitimate details about your history, and or experience concerning your allocated sport.

(g) Only commit to sessions that you can attend, and to notify us as soon as possible should you not be able to attend a session. You acknowledge that if we are not notified then a ‘strike’ will be placed against your name and that three such strikes will result in the deletion of your profile from the Website.

(h) Our service fee for private bookings.

Terms and Conditions for Customers

9. Relationship with schools, organisations and sporting associations

This clause 9 applies if you are a school, organisation or sporting association.

(a) Find My Coach provides an online coach recruiting service for schools, organisations and sporting associations to help boost their sporting programs. Schools and organisations are charged based on a payment plan of their choosing. Payment can be made via direct debit, online, bank transfer or cheque. Payment must be made within 30 days of invoice being issued.

(b) By using Find My Coach as a recruitment service, you can expect Find My Coach to:

(i) Utilise the full capacity of its online database and connections to fulfil the requests of the school/organisation.

(ii) Provide you with coaches that have a completed Working With Children Check Number (WWCC Number). However you acknowledge that if your request is urgent then we may recommend you a coach who has not yet obtained or is in the process of confirming their WWCC Number. In such instances it is your responsibility to confirm that the coach you employee has a registered WWCC Number. In addition you acknowledge that it is your responsibility to check the currency of the WWCC

Number for coaches that employed by you on a recurring basis.

(iii) Provide you with the contact details of the coaches that you decide to accept so that you may contact them to meet prior to having them join.

(iv) Maintain firm contact with you and the coaches to ensure a functional working relationship that sees both parties happy.

(c) You acknowledge that you will be using us as a recruitment service to find coaches for you. Accordingly, you will be responsible for paying the coaches their fees for the services that they provide once they have joined your program. We will not charge you any extra fees outside of the payment plan initially selected unless previously disclosed to you upon selection of the initial payment plan.

(d) You acknowledge that when we are providing you with recruitment services we are not a direct party to any transaction that we facilitate between you and any coach and accordingly we shall have no liability of any kind in relation to any coaching services provided by any such coach.

10. Your representations

This clause 10 applies if you are a school, organisation or sporting association.

By using Find My Coach to provide you with recruiting services you agree to:

(a) Disclose any relevant information (including coaching times, pay rate, travel and any other expectations) so that such information can be relayed by us to coaches on the database.

(b) Pay the coach for the provision of the coaching services, using any form of payment legally authorised by the school and/or its governing body.

(c) Provide the coach with correct coaching attire (should it be required) as well as information regarding venue allocation, pay rate and behavioural expectations. This can be done via an induction day run by the school.

(d) Give us adequate time to be able to meet all the requests of the school. Though our employees work as quickly as possible, the longer the period given by you to find the necessary coaches the higher the chances of those requests being fulfilled.

(e) Pay us upon the first request of a coaching position that needs to be filled (unless we have agreed to provide you with a free trial). Payment terms are 30 days from making the request. Late payments will receive a reminder invoice with a payment term of 14 days. Legal action may follow should payment not be received after this date and we reserve the right to charge you for any legal fees that we may incur.

(f) Pay us a flat recurring fee for re-using a coach sourced through our Website on the following basis:

(i) these fees will be applied depending on the frequency of use for as long as the coach is being used by the school. Invoices will be issued once coach request bookings have been confirmed. Payment must be made within 30 days of the invoice being issued. For example, if the coach is used only for basketball in term 2 for a period of 6 weeks, once a year across a period of 3 years, the total fees are Year 1 $X Year 2 $X and Year $3 $X = $3X.;

(ii) if you cease to use a coach we will not charge you any additional recurring fees in

respect of that coach;

(iii) we will issue you with an email requesting information about whether you are re-using a coach that has been sourced from us. You agree to provide us with a truthful and accurate response to any such request for information;

(iv) if you re-use a coach without notifying us, we reserve the right to take legal action.

(g) Take responsibility for the actions of the coach when providing coaching services (whether or not such services are provided on your premises).

(h) Inform us as soon as possible if a coach that we source cannot commit to your program. If you do not inform us then we have the right to charge for the services of finding that coach.

(i) If we recommend a coach to you and the coach decides not to commit to your program due to reasons that are controllable by you (for example the pay rate does not suffice for that coach, or a change is made to the previously notified training times that no longer suit the coach) then you will be charged.

11. Refunds policy for schools, organisations and sporting associations

This clause 11 applies if you are a school, organisation or sporting association.

(a) We take pride in being able to service the needs of schools, organisations and sporting associations as best as possible. However, there can be times when late bookings mean that the coaching market or database runs low and we are unable to fulfil your coaching requests. In the event of this happening we would not charge you unless some prior arrangement has been agreed upon.

(b) If you do not inform us that a coach was unable to be locked in due to time constraints or other reasons that were not known by us at the time of recommendation, then we retain the right to charge you for finding that coach unless you inform us before being billed that no employment was secured in respect of that coach.

Terms and Conditions for private clients e.g. not a school or association

12. Relationship with private individuals

This clause 12 applies if you are a private individual.

(a) Find My Coach aims to provide a wide range of high quality sports coaches of all levels of experience that can suit a variety or preferences.

(b) By using this site as a private individual you agree:

(i) to provide truthful and correct information regarding personal details;

(ii) to only book sessions you know you can attend. If an emergency happens or you are unable to attend a session you must notify us as soon as possible in order to avoid forfeiting the session fee, which will be directed to the coach. If you do not provide 48 hours’ notice of a session being cancelled the coach will receive the session payment;

(iii) that we will charge you a service fee when a coach is booked for a private session. You will be notified of the service fee structure through the Website. You must pay the service fee when you pay the coaching fee.

(iv) to give us adequate time to fulfil a coaching request (1-2 weeks is the recommended minimum time to fulfil a request);

(v) to not attempt to circumvent this agreement by obtaining coaching services from a coach that you were introduced to via the Website other than pursuant to this Agreement. If, in breach of this agreement, you do obtain such coaching services, you remain liable to us for the service fee for all fees payable in respect of those services and we reserve the right to charge you for our legal fees in relation to recovering such amounts;

(vi) that we are not responsible for any lost equipment.

(c) All coaching services that are provided to you through the Website are pursuant to this Agreement. The relationship between Find My Coach and any coach that provides services to you pursuant to this Agreement is of a principal and an independent contractor.

13. Refunds policy for private individuals

This clause 13 applies if you are a private individual.

If you make a request for one or more private coaching sessions which cannot be fulfilled, we will provide you with a full refund via a reverse transaction using the same payment method that you used to pay us. We will use our best endeavours to ensure that such refund will occur within 48 hours.

14. Acknowledgement and waiver by private individuals

This clause 14 applies if you are a private individual.

(a) You acknowledge and agree that by participating in a coaching session you may be engaging in activities that may involve risk of serious injury, including permanent disability and death.

(b) To the full extent permitted by law and subject to any statute, you waive, release and discharge us and any coaches that provide you with coaching services, from all claims, demands or causes of action which you may have arising either directly or indirectly from or in relation to your participation in a coaching session pursuant to this Agreement.

(c) To the full extent permitted by law and subject to any statute, you indemnify us and keep indemnified us and any coaches that provide you with coaching services against all claims, demands, costs, losses or damages of any nature whatsoever arising either directly or indirectly from or in relation to your participation in a coaching session pursuant to this Agreement.

15. Dispute resolution process for profile comments

(a) The Website includes a facility for customers to post comments under a coach’s profile.

(b) We wish to maintain a functional relationship between all parties but we understand that disputes may arise as a result of comments or conduct at a session.

(c) If we become aware (by being notified by the coach or otherwise) that a comment has been left on a coaches profile that may put the coach into disrepute, or damage the coaches reputation or ability to seek further employment, we will review the comment and seek to:

(i) contact the commentator asking for an explanation regarding the reason for such a comment, whether it be session conduct, behaviour etc.

(ii) contact the coach, provide them with the reason for the comment and hear their opinion regarding the event that led to the comment.

(iii) Use reasonable endeavours to reach a resolution by weighing up both parties views as to whether to delete the comment or not. Any such decision will be at our sole discretion.

16. Disclaimer and liability

(a) All warranties which are not guaranteed by Australian Consumer Law or the Competition and Consumer legislation are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

(b) We exclude all liability to you or any third party in relation to the description or quality of products or services displayed and/or advertised on the Website.

(c) We exclude all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:

(i) errors, mistakes or inaccuracies on the Website;

(ii) your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;

(iii) personal injury or property damage of any nature resulting from your access to or use of the Website;

(iv) any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;

(v) any interruption or cessation of transmission to or from the Website;

(vi) any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.

(d) Where any law provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

(e) In no event shall we, our affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

17. Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

18. Intellectual property

(a) We own all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by us. You must not use our marketing material, business names, trade marks, logos, domain names or other distinctive brand features without our express written consent.

(b) Copyright in the material and trade marks on this Website are owned by us. You must not infringe any intellectual property rights owned by us.

(c) Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

(d) You may not:

(i) modify or copy the layout or appearance of the Website nor any code contained in the Website; nor

(ii) attempt to discover or access any source code related to the Website.

19. Information does not represent professional advice

(a) You acknowledge and agree that information published by us is intended to provide general information in summary form on legal and/or other issues.

(b) It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services, and other information provided through the Website.

(c) In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.

20. Transfer and assignment

We may assign or novate the rights under this Agreement to its subsidiary or business successors without your consent.

21. Privacy and personal information

Whilst we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

22. General

(a) The price of products, services and/or memberships advertised on the Website are in Australian dollars and are current at the time of display, but may be subject to change.

(b) In connection with any purchase facilitated by the Website, buyers will be asked to provide billing information such as name, billing address and credit card information either to us or our third-party payment processor(s), and/or may be required to connect their PayPal account to the Website.

(c) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

(d) This Agreement will be governed by and interpreted in accordance with the laws of the state of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of the state of New South Wales, Australia.

(e) If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

(f) Any election by us not to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

(g) You agree to be bound by any changes to this Agreement by your continued use of the Website.

(h) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.

By accessing and using this website, you accept and agree to be bound by the terms and provisions of the agreement. Any participation in this site constitutes acceptance of this agreement. If you do not agree to abide by the above, please do not use this site.

This content of this site is for informational purposes only. This site is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and is not responsible or liable for any errors or omissions in that information.