Terms of Service
Table of Contents
- Introduction
- Acceptance of Terms and our Role
- Services Provided
- Account Creation and Management
- Background Checks and Eligibility
- Booking and Payment Terms
- Responsibilities of Coaches and Athletes
- Fees, Pricing, and Taxes
- Warranties
- Communication Services
- Dispute Resolution
- Intellectual Property
- Filming, Photography & Media Release
- Limitation of Liability
- Insurance
- Privacy and Data Collection
- Termination of Service
- Third party links and advertisers
- Changes to Terms
- Governing Law and Jurisdiction
- Contact Information
- General
1. Introduction
Welcome to Coach Squad! We are excited to have you join our community of athletes, coaches, and sports teams. Coach Squad is an online platform designed to connect grassroots sports teams, individual athletes, and organisations with experienced coaches and athletes for personalised one-on-one and group coaching, mentoring or appearances.
Who We Are: Coach Squad Limited is a New Zealand-based company dedicated to bridging the gap between aspiring athletes and experienced sports professionals. Our mission is to foster the growth and development in grassroots and community sports by providing easier access to coaching professionals.
If you have any questions about these Terms or the platform, feel free to contact us at support@coach-squad.com.
Definitions
- "User" refers to any individual or organisation that accesses or uses the platform, including Coaches, Athletes, and team representatives.
- "Coach" refers to any individual who is offering their coaching, mentoring or appearance services via the Coach Squad platform.
- "Athlete" refers to any individual, team or organisation who uses the platform to book a coaching, mentoring, appearance or any other service offered by a Coach.
- "Platform" refers to the Coach Squad website and associated services which facilitate the connection between Athletes and Coaches.
- "Services" refers to the features and functionalities offered by Coach Squad, including but not limited to profile creation, booking management, and payment processing.
- "Session" refers to the services offered by a Coach as listed on our Platform, which includes but is not limited to a coaching, mentoring, or appearance session for the duration offered by the Coach and selected by the Athlete.
- "Session Fee" refers to the individual cost set by the Coach for a Session (which can be for any number of minutes, hours or days as offered by the Coach and selected by the Athlete), as displayed on the Platform at the time of booking. This fee is paid by the Athlete as remuneration for the services provided during the Session.
- "Service Fee" refers to the 15% + GST fee (subject to change) charged by Coach Squad calculated on the Session Fee for providing the Platform, facilitating bookings, payment processing through the Platform and other Services as available from time to time. This fee is deducted from the Session Fee, with the remaining amount paid to the Coach once the Session has been completed.
2. Acceptance of Terms and our Role
These Terms of Service ("Terms") outline the rules and regulations governing your use of our Platform and Services. By accessing or using Coach Squad, you agree to comply with and be bound by these Terms. You confirm that you have carefully read and understood these Terms. If you do not agree to these Terms, do not use the Platform or engage with us for services.
Our Role: Coach Squad acts as a facilitator, providing an online venue and marketplace (www.coach-squad.com) where individuals, athletes and teams may find and book Sessions with experienced Athletes and Coaches. While our role is to help coordinate and manage the bookings, Coach Squad is not directly offering the Sessions, is not actively monitoring the content provided in individual Sessions, nor is it responsible for providing the equipment or venue hire (if applicable) for the Sessions. We do not participate in the Sessions or the transaction relating to the Sessions. We do not act as an agent for either party. The relationship exists between the Coach and the individual Athlete or team with Coach Squad acting as a facilitator and booking platform only.
You acknowledge how we function and what Our Role is in all of your transactions through our Platform. By entering into an agreement for services, you as either the Coach or Athlete are entering into a direct contractual relationship with each other.
You confirm that you are at least 18 years old or have obtained the consent of your parent or legal guardian to use this Platform if you are under 18. If you are accessing the Platform on behalf of an organisation, you confirm that you have the authority to agree to these Terms on their behalf.
You accept and agree:
- To be bound by these Terms without limitation or qualification; and
- As a Coach, you will provide the Session purchased by the Athlete, and enter into a direct contractual relationship with the relevant Athlete; and
- As an Athlete, you will pay for the Session purchased and enter into a direct contractual relationship with the relevant Coach.
You agree that Coach Squad has no liability in connection with any transaction transacted on our Platform.
We may update these Terms from time to time. However, if a significant change is made, we will notify you through the Platform or via email. Continued use of Coach Squad following any changes constitutes your acceptance of the revised Terms.
3. Services Provided
Coach Squad provides a digital platform that facilitates the connection between Athletes and Coaches. Through the Platform, Users can:
- Create profiles that showcase their individual expertise, skills, experience, and availability.
- Search for and book Coaches for personalised one-on-one or group coaching Sessions, mentoring services, or appearances.
- Manage bookings, communicate with Coaches or Athletes, and track Session history.
- Make payments and receive receipts for completed Sessions.
Coach Squad acts as a booking platform only and is not responsible for providing the Session, nor is it responsible for providing or monitoring the content of the Sessions. The coaching services are delivered by independent Coaches who are using the Platform as a booking platform and are responsible for their individual description of services, conduct, qualifications, performance, and venue hire (if applicable).
Coaches and Athletes acknowledge and agree that they are customers of Coach Squad (i.e. a User) and are not employees, contractors, consultants, joint venturers, partners, or agents of Coach Squad.
Coach Squad facilitates the connection between Coach and Athlete but is not a party to the coaching agreement between the two parties and accepts no liability for any aspect of engagement between a Coach and an Athlete. Further, neither Coach Squad nor any Users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
All details about the Sessions offered are provided directly by the Coach. Unless expressly stated to the contrary, Coach Squad has no responsibility and makes no warranty regarding the accuracy of Coach-provided information, including the ability of Coaches to perform services, or the honesty, integrity or conduct of Coaches. Should any events of concern arise, we recommend that you refer to the disputes resolution section of these terms.
As an Athlete, you acknowledge that Coach Squad does not have the ability or the obligation to control or manage the types or quality of a Session offered by a Coach. The Coach determines the type and duration of a Session, which includes, but is not limited to:
- how a Session is conducted;
- the price of the Session;
- the minimum requirements of a Session; and
- the duration, location, and availability of the Session.
As a Coach, you acknowledge that Coach Squad has no control over whether your Session will be booked by an Athlete. You acknowledge and agree that Coach Squad does not have an obligation to ensure your Session is optimised to the preference of an Athlete and it is your sole obligation to advertise yourself accordingly.
Coach Squad has no responsibility and provides no input in respect to the personal details of a User, in respect to the contents of a Session, and any other information supplied by Users through the Platform or in any other way. This includes any untrue or inaccurate information.
To the maximum extent permitted by applicable laws, we do not warrant that the Sessions, Users, descriptions, text, contents, or other images on our Platform are comprehensive, error-free, or completely accurate. We do not verify Sessions or contents of a Session.
We may write and/or publish blog content and newsletters from time to time which may be published on our Platform. The content of any blogs and newsletters is not intended to constitute personalised advice and is intended for general information and interest only. You should not rely on blog and newsletter content to inform you as to any decision to engage with a particular Coach or purchase any of the Sessions provided by a Coach. By registering as a User you agree to receive newsletters by way of email with an option to opt out at any time.
4. Account Creation and Management
To access certain features of Coach Squad, all Users must create an account. By creating an account, you:
- Confirm that you are 18 years old or over.
- Agree to only provide accurate, current, and complete information during the registration process.
- Agree to keep your account information updated and secure.
- Agree to maintain the confidentiality of your login credentials and not share your account with others.
- Agree to accept and comply with the Terms.
You are responsible for all activities and actions made by your account. If you suspect any unauthorised use of your account, you must notify Coach Squad immediately. Coach Squad reserves the right, at its absolute discretion, to refuse to allow any person to register or create an account or to cancel or suspend any existing account.
To the maximum extent permitted by law, we exclude all liability for any loss, cost or expense you incur arising directly or indirectly from you sharing your username or password (whether intentionally or unintentionally) with any other person.
We may suspend or cancel your account at any time if you breach these Terms or if we consider your account is being hacked or for any other reason.
If we become aware that the Coach Squad Platform is being misused, including but not limited to misleading or false advertising or non-payment for booked Session, we will take action including removal of a listed Session, suspension or banning of a User, and/or contacting the authorities. You agree that we can disclose your personal information for these purposes.
5. Background Checks and Eligibility
To create an account with Coach Squad, Coaches need to have at least five years experience in the relevant sport as either a coach or athlete and/or hold an up to date coaching certification in the relevant field of expertise as advertised by the Coach.
Coach Squad may check a Coach's background, including criminal history, police vetting and identity verification, as allowed by law. Based on the results, we may limit, suspend, or deactivate a Coach's account, with or without notice. By signing up as a Coach, you agree to let us use your name and date of birth to run these checks through our trusted providers. Coaches must also let us know if they are accused or convicted of a crime after their account is active. Coach Squad will make reasonable efforts to ensure that a Coach's background meets community standards. However, Users should not assume that a Coach has been fully vetted solely because they are present on the Platform. Users are encouraged to exercise their own judgment and conduct appropriate due diligence to ensure safety. It is always prudent to take additional steps to verify the safety of all parties involved.
Users acknowledge that identity verification and background checking services may not always be entirely accurate, as they rely on information provided by Users and data from third-party providers.
Publishing of Profiles and Police Vetting
Given processing timeframe (usually between 3-4 weeks), Coach Squad may publish a Coach's profile on the Platform before the police vetting check is fully processed. However, until a notice of completion has been received and verified by Coach Squad, Coaches cannot conduct any Sessions via the Platform. The status of the police vetting check will always be visible on the Coach’s profile.
Coaches may accept bookings for dates beyond the anticipated return of their vetting check, however, if the check has not been not successfully completed or determined by Coach Squad that the checks do not meet certain standards required by Coach Squad, all upcoming Sessions will be canceled, Athletes will be notified, and the Coach will be removed from the Platform.
6. Booking and Payment Terms
When booking a session through Coach Squad, you agree to the following terms:
Booking Requests & Payment
- All bookings and payments must be made through the Platform.
- When requesting a booking, a pre-authorization will be placed on your card to confirm that it can cover the Session Fee.
- Coaches have up to 24 hours before the Session to accept or decline a booking request. If a Coach does not respond within this timeframe, the booking request will be automatically declined.
- If a Coach accepts the booking, the Session Fee will immediately be deducted from the Athlete’s card.
- A booking is only confirmed once the payment is successfully processed.
- If the Athlete's card cannot be charged successfully, they will be notified and can update their payment details and trigger the card to be charged again. Coach Squad will also retry the payment four times, once every 24 hours. After a fourth failed payment attempt or if a successful payment hasn’t been made 24 hours before the Session it will be cancelled and the Coach and Athlete will be notified.
- Coach Squad collects a Service Fee (currently 15% of the Session Fee + GST) on the Session Fee. The remaining amount is paid directly to the Coach after the Session is successfully completed. Coaches must ensure that all Sessions are listed with the fee inclusive of the Service Fee to avoid disappointment.
- Coaches will be paid every Wednesday for completed and undisputed coaching Sessions conducted in the previous week. If a Session is completed on a Monday or Tuesday the Coach will be paid on the Wednesday the following week. If Wednesday falls on a public holiday, payments will be processed on the next working day.
Cancellation & Rescheduling
- Athletes can cancel a booking up to 48 hours before the Session start time to receive a full refund. Cancellations made less than 48 hours before the Session are non-refundable, though Athletes are encouraged to reschedule.
- If a Coach cancels a booking, either before or during a Session, the Athlete will receive a full refund. Any cancellations made less than 48 hours before the Session will only be made by a Coach in reasonable circumstances and the Coach will endeavour to give as much notice to the Athlete as possible.
- Both Coaches and Athletes can reschedule bookings at any time before the Session start time pending the approval of both parties.
- If both the Coach and Athlete agree on a new time, there will be no additional cost to the Athlete.
- If a new time cannot be agreed upon the booking will be cancelled and:
- If the reschedule request was made by the Coach, the Athlete will be refunded in full.
- If the reschedule request was made by the Athlete, the original reschedule request date and time will determine the cancellation policy applied. For the avoidance of doubt, if the initial reschedule request was made less than 48 hours before the Session start time the Session is non-refundable.
- It is at the Coach's discretion to determine if the weather is unsuitable for outdoor training and reschedule or switch to an indoor venue if needed. If a new date and time for the session can’t be agreed between Athlete and Coach, the Athlete will be refunded.
- Where the Coach and Athlete agree that the Athlete will provide a venue then the Athlete shall be fully responsible for arranging the venue and making payment of any venue hire fees. If a venue is unavailable for the Session and the venue arrangements were the responsibility of the Athlete, the Session Fee will still be payable in full.
- If a Coach cancels a Session or is unable to make the Session, and there is no dispute between Athlete and Coach, the Athlete will receive a full refund or the option to reschedule at no additional cost. Coach Squad is not responsible for any additional costs incurred by Athletes due to cancellations or rescheduling.
- If a Coach misses a scheduled Session, the Athlete should notify Coach Squad as soon as possible via the Report Issue button on the Session details page, ideally within the Session time period. Coach Squad will review the situation, investigate the claim, and decide on any refund or credit as needed. A Coach agrees that if they miss a scheduled Session then at the discretion of Coach Squad, the Coach may be responsible to pay the Service Fee to Coach Squad.
- Refunds are issued at the discretion of Coach Squad, taking into account the cancellation policy and circumstances of the booking.
Payment Services
Coach Squad may work with a related company or a third-party service (Payment Provider) to handle payments on behalf of Athletes and Coaches.
When you buy or sell services through Coach Squad, you agree to follow the Payment Provider’s privacy policy, which you can find at https://stripe.com/nz/privacy. You also give permission for Coach Squad and the Payment Provider to share your information and payment instructions with each other, as well as with any other third-party service needed to complete your transaction.
By signing up and creating an account with Coach Squad, you agree to the Payment Provider’s terms and conditions, available at https://stripe.com/nz/legal.
Indemnity in relation to payments
You indemnify us for all losses, costs, expenses, and claims we incur if a bank determines (whether acting reasonably or otherwise) that a payment made by you is a fraudulent payment.
7. Responsibilities of Coaches and Athletes
All Coaches
- Must provide accurate information regarding their qualifications, experience, availability and rights to work in New Zealand.
- Are responsible for delivering high-quality coaching Sessions relevant to the field of the Session booked by the Athlete and maintaining professional conduct at all times.
- Must provide the equipment necessary to provide the coaching service or instruct the Athlete to bring the required equipment on their profile page.
- Agree to comply with all local laws and regulations related to their coaching activities.
- Must ensure that their Sessions are safe, appropriate, and tailored to the needs of the Athlete or team.
- Must only agree to provide the Session when he/she is able to and must not abuse Coach Squad’s refund policy.
- Must agree and abide by the Coach Squad Safeguarding Athletes Policy.
- Agree not to transact or communicate off-platform. All bookings, payments and communications must be made through Coach Squad. Any attempt to circumvent the Platform by accepting direct payments (e.g., cash) or applying additional fees is strictly prohibited and may result in account suspension or termination. This restriction applies only to Athletes met through Coach Squad. Coaches remain free to offer private coaching outside the Platform to athletes they connect with independently through schools, clubs, or other means.
All Athletes
- Must provide accurate information when booking Sessions and communicating with Coaches.
- Are responsible for attending scheduled Sessions on time and prepared.
- Agree to comply with all safety instructions provided by Coaches and Coach Squad.
- Must respect Coaches' policies regarding cancellations, rescheduling, and conduct during Sessions.
- Are encouraged to review their Coach after a completed Session. These must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms.
- Are responsible for conducting your own due diligence and are solely responsible for determining the suitability of the Coach and/or the Session.
All Users, Coaches, and Athletes:
- Agree to act respectfully and professionally when using the Platform. Any inappropriate or harmful behavior may result in suspension or termination of accounts.
- Must comply with all relevant Health and Safety requirements.
- Must communicate between themselves to ensure that the relevant Session is fulfilled.
- Must ensure that they have the right to use any location or venue for the Session.
- Must not, and must not attempt to, circumvent or conduct itself in any manner with the intention of avoiding payment of fees to Coach Squad.
- Must not interfere with our Platform and will not interfere or use any material or content displayed on our Platform. You must not use any unauthorised means (including automated means) to access our Platform, or any information contained therein. You must not scrape, harvest, or extract data from our Platform.
Content Guidelines for the Platform
Any content posted on the Platform must not cause harm to Coach Squad or others (including other Users) in any way, including potential economic loss. Users are responsible for ensuring all information is accurate, up-to-date, and compliant with these guidelines. Content must not:
- be false, misleading, deceptive, or fraudulent;
- infringe on intellectual property, confidentiality, or privacy rights;
- violate any applicable laws or regulations;
- be defamatory, threatening, harassing, or libelous;
- contain obscene, inappropriate, or unlawful material, as determined by Coach Squad;
- include harmful code or malicious software (e.g., viruses, worms, or Trojan horses) that could damage or interfere with the Platform or its Users.
Coach Squad reserves the right to screen, edit, or remove User content, including content on a Coach profile and reviews provided by Athletes, from Coach Squad at any time.
You are required to help maintain a safe and respectful community on Coach Squad. By adhering to these guidelines, you will help do so.
8. Fees, Pricing, and Taxes
Registering and creating an account with Coach Squad is free.
Coach Squad charges a 15% + GST Service Fee (subject to change) on all Session bookings made through the Platform.
Coach Squad doesn’t take any portion of venue hire fees. These get paid directly to the Coach or venue to cover costs of venue hire.
Coaches set their own rates and fees for Sessions. Pricing must be clearly displayed on the Platform at the time of booking.
The Service Fee does not include any other fees or charges that a User is liable for such as any additional fees, taxes, and charges on top of the Session Fee, such as credit card fees, banking fees, cancellation fees, payment platform fees, and any other fees incidental to a successful booking of a Session and/or postponement of a booking of a Session. For most of these, it will be the Athlete that is liable for such fees and charges.
Each User is responsible for any applicable taxes, including GST, and agrees to comply with New Zealand tax regulations.
Coaches must provide all tax and other information reasonably required by Coach Squad in relation to a Session. Failure to provide such information may result in a delay in remitting of payments to Coaches.
Coaches are solely responsible for taking their own tax, accounting, and legal advice in relation to the provision of their coaching services using the Coach Squad Platform.
Coach Squad may from time to time update its Service Fee or introduce new fees. Changes to the Service Fees will take effect 14 days after Coach Squad notifies you via your account or your registered email address.
9. Warranties
Coach Squad provides an online platform facilitating connections between Coaches and Athletes. Coach Squad expressly disclaims any responsibility or liability for the quality, content, or outcomes of the coaching Sessions, as well as any representations, promises, or agreements made by Coaches or Athletes.
No Warranties or Representations: Coach Squad makes no representations, conditions, warranties, or promises, whether express or implied by law or otherwise, regarding:
- The qualifications, skills, or conduct of any User, Coach, or Athlete.
- The quality, effectiveness, or results of any Session.
- Payment arrangements or obligations between Users, Coaches, and Athletes.
- The accuracy or reliability of any information provided by Users, Coaches, or Athletes.
- The suitability or availability of any venue or venue hire arrangements.
Content and Information: Coach Squad is not responsible for any content, images, or descriptions related to Coach availability, Sessions, or abilities. Users, Coaches, and Athletes are solely responsible for the information they provide and any agreements they enter into.
Responsibilities of Coaches and Athletes:
Coaches: By using the Platform, you acknowledge and agree that Athletes are solely responsible for the selection of the Sessions and payment of Sessions and any liabilities, warranties, or representations they make.
Athletes: By using the Platform, you acknowledge and agree that Coaches are solely responsible for the provision of Sessions, including all liabilities, warranties, and representations they make. Coach Squad is not responsible for ensuring the Coach actually shows up for the Session. It is solely your responsibility to ensure effective communication with the relevant Coach.
Limitation of Liability: To the fullest extent permitted by law, Coach Squad excludes all liability for any loss, damage, or injury arising from or related to the use of the Platform or the services provided by Coaches or Athletes. This includes, but is not limited to, any indirect, incidental, or consequential damages.
10. Communication Services
The Platform may provide a private messaging service to help Users connect and communicate with each other.
By using the messaging service, you agree that all messages may be collected, stored, reviewed, and monitored by Coach Squad but you further acknowledge and agree that Coach Squad does not have the obligation, responsibility, or liability to review all messages (nor will Coach Squad have the capacity to review all messages). This helps us ensure compliance with our Terms, improve the Platform, and provide the best service possible.
Users must not share their phone numbers, email addresses, or encourage others to communicate outside the Platform.
11. Dispute Resolution
In the event of a dispute between a Coach and Athlete, Coach Squad may offer to mediate but is not obligated to do so. Users are encouraged to resolve disputes directly with each other through communication on the Platform. We are not a party to any transaction between Users so our ability to facilitate and navigate any disputes is limited. If a resolution cannot be reached in relation to payments and/or refunds, Coach Squad reserves the right to make a final determination at its discretion. If applicable, Coach Squad has the right to hold any Session Fee that is the subject of a dispute, until the dispute has been resolved. Coach Squad’s decision on disputes is final and binding to the extent permitted by New Zealand law.
Should Coach Squad determine the severity of an incident to be extreme, Coach Squad reserves the right to report the matter to the appropriate authorities and provide all relevant communications and information.
If you are dissatisfied with our Service and have a dispute with us, please get in touch and we will try to resolve it informally. If we need to contact you, we will use the most recent email address you provided.
Users agree to be bound to the following dispute resolution process in the event of any dispute, controversy, or claim arising out of or relating to the Terms and our Services:
- Negotiations: The parties shall first seek to resolve the dispute informally and through good faith negotiations.
- Arbitration: If the dispute cannot be resolved through negotiations within 15 working days, the parties agree to submit the dispute to arbitration in accordance with the Arbitration Act 1996. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties, or, failing such agreement, by the President of the New Zealand Law Society.
- Arbitration Procedure: The arbitration shall be conducted in Auckland and in accordance with the rules of the Resolution Institute. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties.
- Court Proceedings: The parties agree that they shall not initiate any court proceedings in relation to any dispute arising out of this Terms until the arbitration process has been completed, except for the purpose of enforcing an arbitral award or seeking interim or conservatory measures.
- Confidentiality: The parties, their representatives, and the arbitrator shall keep confidential all matters relating to the arbitration, including the proceedings, the decision, and any settlement terms, except as required by law or to enforce the arbitral award.
- Costs: The costs of the arbitration, including the fees of the arbitrator, shall be borne equally by the parties, unless otherwise determined by the arbitrator.
12. Intellectual Property
All Users acknowledge that the Platform, and its associated software, code, and functionalities are proprietary to Coach Squad and contain confidential information and intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents.
All Users agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Platform, or any part thereof. This prohibition extends to any attempt to modify, improve, or create derivative works based on the Platform without the prior written consent of Coach Squad.
By providing any information or submitting content to the Platform, Users grant Coach Squad an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, perpetual license to use, display, and promote that content for Platform-related purposes including to improve our services, for our internal business purposes, and for advertising purposes. You must have the legal right to use any content (including imagery) that you post. All Users are solely responsible for ensuring they have the necessary rights, licenses, or permissions to use any photos and content uploaded to their profiles or Session descriptions.
Where Coach Squad pays for the creation of content or facilitates its creation, Coach Squad may own that content, in which case supplemental terms or disclosures will confirm that.
13. Filming, Photography and Media Release
From time to time Coach Squad or its authorised representatives may request to film, photograph or otherwise record all or part of a Session (the “Recordings”) for marketing, promotional, educational, or internal business purposes.
We will always seek your consent before any Recording begins. If you do not consent, no Recording will occur and your participation in the Session will not be affected.
If you consent to the Recording, you grant Coach Squad an unrestricted, irrevocable, worldwide, perpetual, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, display and create derivative works from the Recordings, in any media now known or later developed, solely for the purpose of promoting Coach Squad, its Platform and related services.
If you consent to the Recording on behalf of a team or group you are confirming that everyone who appears in a Recording (e.g., team members, parents/guardians of minors) has provided the necessary consents for us to use their image as set out in this section.
We will endeavor to share the Recordings with you prior to their public use but you waive (to the extent permitted by law) any right to approve the finished product, to receive attribution, or to receive any payment for our use of the Recordings.
Any personal data captured in the Recordings will be handled in accordance with our Privacy Policy and New Zealand Privacy Act 2020.
14. Limitation of Liability
You acknowledge that participating in coaching carries inherent risk and agree, to the maximum extent permitted by law, Coach Squad is not liable for any injury, loss, or damage resulting from coaching Sessions or the use of the Platform.
Coach Squad does not employ any Coaches and is not responsible for the conduct of Coaches or Athletes either online or offline.
Coach Squad does not own or lease any of the venues, and the Coaches and Athletes are responsible for ensuring the venues are suitable for the purposes of conducting the Sessions.
The Consumer Guarantees Act 1993 ('CGA'), Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions, or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the Service Fee actually paid by you specifically for the Session giving rise to the claim during the 12-month period immediately preceding the events giving rise to the claim.
Except as otherwise provided in the above paragraph, to the fullest extent permitted under law, we shall not be liable for any loss or damage of any kind whatsoever, arising from your use of the Services, a Session, and any of your interaction with another User, including consequential, indirect, or special damage or loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly.
We shall have no liability in relation to any loss or damage caused directly or indirectly by any event or series of events beyond our direct control.
Users agree to indemnify and hold Coach Squad harmless from any claims arising from:
- their use of the Platform or Services;
- any Session you list (as a Coach), or any Session you booked (as a Athlete) including for the accuracy of the content of the Session;
- any of your breach of these Terms; and
- a bank's request for a refund of a payment made by you due to fraud.
Where you indemnify us, this will be against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs, on a full indemnity basis, that we, or any of our officers, directors, agents, advisers or employees incur or suffer directly or indirectly, to the fullest extent permitted under law.
15. Insurance
Coaches are encouraged to hold their own liability insurance to cover any potential claims arising from their coaching services. Athletes and teams acknowledge that Coach Squad does not provide insurance coverage for any coaching Sessions booked through the Platform. Users accept full responsibility for ensuring they have appropriate insurance in place for the activities they participate in through Coach Squad.
16. Privacy and Data Protection
Coach Squad is committed to protecting the privacy of its users. We collect, store, and process personal data in accordance with the New Zealand Privacy Act 2020. Users agree to Coach Squad’s Privacy Policy, which outlines how personal information is handled and safeguarded. Users have the right to access, correct, or delete their personal data by contacting Coach Squad.
You acknowledge and agree that a transaction regarding a Session will mean that our Platform may release certain details and information about you to other Users, and you authorise the release of such details.
17. Termination of Service
Coach Squad reserves the right, at its sole discretion, to deny any individual the ability to register or create an account, or to suspend or cancel an existing account.
Suspension or termination may occur without prior notice if there is a severe violation of these Terms, they pose immediate risk to other Users, or they engage in harmful or fraudulent activities.
18. Third party links and Advertisers
Our Platform may contain links to other websites that are not operated by us. If you click one of these third-party links you will be directed to that third party’s website.
The display by us on our Platform of any other provider or advertiser and the provision of a link to a third-party website does not in any way constitute an endorsement by us of either the advertiser, the third-party provider, or any of their website content or business practices.
Where you deal with an advertiser or third party for those services, the direct contractual relationship will be between you and that third party. Coach Squad accepts no liability in regard to any dealings, promotions, or activities between you and any advertisers or third-party providers.
We do not have any control of the content of any third party websites. Your access to those websites is at your own risk and we strongly advise you to review the terms and conditions and the privacy policy of every third party website you visit.
19. Changes to Terms
We may update these Terms from time to time. However, if a significant change is made, we will notify you through the Platform or via email. Continued use of Coach Squad following any change constitutes your acceptance of the revised Terms.
20. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of New Zealand courts.
21. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Coach Squad Limited
Email: support@coach-squad.com
Phone: 02041499746
General
These Terms are binding on your legal representatives and successors.
If any provision of these Terms is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected.
Failure by us to enforce any rights shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
For the purpose of section 12 of the Contract and Commercial Law Act 2017, the undertakings contained in this agreement are intended to create a benefit in favour of, and enforceable by, our directors, agents and employees and by other Users.
All notices sent to you pursuant to the Terms will be sent by email to the email address provided by you at the time you register as a User or your updated email.