Terms & Conditions

Last updated Tuesday, 26 April 2022.

What parts of these terms apply to me?
Part 1: All Users
Part 2: Clients
Part 3: Enterprise

What parts of these terms apply to me?

This agreement governs your use of the Hello Coach™ online platform (through our website or app), which connects people looking for life coaching services with people who can provide those life coaching services (Platform) and any other services made available through the Platform from time-to-time. By using the Platform, you agree to be bound by this agreement, which forms a binding contractual agreement between you, the User, and us, Life on Demand Pty Ltd ACN 633 477 693 trading as Hello Coach ABN 75 633 477 693 (Hello Coach, we, us or our).

The remainder of this agreement is divided into three parts:

Part 1 (All Users), which sets out terms that apply to all Users, including Clients, Coaches and Enterprise Clients, as well as anyone else who signs up for an account on our Platform;
Part 2 (Clients), which sets out additional terms that apply to Clients, being people who are using the Platform to receive coaching services (either of their own accord, or under an Enterprise Package); and
Part 3 (Enterprise), which sets out additional terms that apply to Enterprise Clients, being organisations who subscribe for the provision of the Hello Coach services (including access to the Platform) to their employees.

If you intend to use the Platform as a Coach, only Part 1 of these terms will apply to you, in addition to your Coaching Agreement entered into between Hello Coach and you (Coaching Agreement).

If you intend to use the Platform as a Client (including where you gain access to the Platform under an Enterprise Package), Parts 1 and 2 of these terms will apply to you.

If you intend to use the Platform as an Enterprise Client, Parts 1 and 3 of these terms will apply to you.

When we talk about the “Hello Coach Services” in this agreement, we are referring to the services available through our website, and our mobile applications available on the Apple IOS Store, Google Play Store and any associated services we offer.

When we talk about the “Coaching Services” in this agreement, we are referring to any coaching services specified in:

a Coach’s Posted Material on the Platform (including on their Account profile), in which the Coach offers Coaching Sessions to any User (Coaching Offer); or
for coaches only, your Coaching Agreement.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service.

If you access or download our mobile application from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We also use a number of third party service providers to power the Platform, including but not limited to Google, Stripe, Zoom, Station 5, and Sharetribe Marketplace (Third Party Providers). You acknowledge and agree that your use of the Platform, in addition to these terms, will be subject to the terms, conditions and privacy policies of the Third Party Providers and to the maximum extent permitted by applicable law, we will not be liable for the security or performance of such Third Party Providers. For specific notices regarding Google’s and Apple’s terms of use and how they impact your use of the Platform, please see clauses 21 and 22 of Part 1 below. Please note that we may change any part of these terms at any time. When we do that, we will provide you with at least two weeks’ notice and your continued use of the Platform after the notice period will constitute your acceptance of the updated terms.

Part 1: All Users

Eligibility
Accounts
User Obligations
Posted Materials
Taxes
Refunds, Service Interruptions & Cancellations
Identity Verification
Service Limitations
Intellectual Property
Third Party Content
Third Party Terms
Online Payment Partner
Disputes Between Users
Recordings
Security
Disclaimer
Confidentiality
Privacy
Analytics
Collection Notice
Google Services
Notice Regarding Apple
Termination
Record / Audit
Notices
General

1. Eligibility

If you are using the Platform or Hello Coach’s Services and are under the age of 18, you must have the consent of your parent and/or legal guardian in order to access the Services and the Platform. Hello Coach may require your parent and/or legal guardian to provide written consent to Hello Coach to support your access.
If you are using the Platform or the Services and facilitating the provision of Services to people who are under the age of 18, you must ensure that each person under the age of 18 has the consent of their parent and/or legal guardian before they access the Services or the Platform;
Please do not access the Platform or use the Services if you are under the age of 18 years old and do not have your parent or legal guardian’s consent, or if you have previously been suspended or prohibited from using the Website.
By using the Platform, you represent and warrant that you:
1. have not been suspended or prohibited from using the Platform before; and
2. are over the age of 18 years, or under the age of 18 years (but have obtained your parent and/or legal guardian’s consent to use the Platform).
If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Hello Coach Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. Accounts

In order to use most of the functionality of the Platform, all Users are required to sign up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred user name, a secure password, billing, postal and physical addresses, mobile phone number, display picture and other information as determined by Hello Coach from time to time, and some of this information may be made available to users of the Platform.
As part of the Account registration process, you may be required to fill out a questionnaire prepared by Hello Coach before your Account is accepted.
You warrant that any information you give to Hello Coach in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree not to give your contact details to any other User.
Once you complete the Account registration process, Hello Coach may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Hello Coach reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Hello Coach may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. User Obligations

As a user, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
not to share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Hello Coach of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Coaching Services via the Platform, including:
1. not using the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. not using the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Hello Coach; and
3. not using the Platform to provide or receive legal, taxation, accounting or medical services and/or advice.
not to act in any way that may harm the reputation of Hello Coach or associated or interested parties or do anything at all contrary to the interests of Hello Coach or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Hello Coach;
that Hello Coach may change any features of the Platform or Hello Coach Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Hello Coach or another User, is general in nature, you rely on such information at your own risk and Hello Coach takes no responsibility for anything caused by any actions you take in reliance on that information; and
that Hello Coach may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. Posted Materials

4.1 Warranties

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any Coaching Services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

4.2 Licence

You grant to Hello Coach a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Hello Coach to use, exploit or otherwise enjoy the benefit of such Posted Material.
You consent to us using your name and identifying you as a customer of Hello Coach as well as a description of your use of our products and Services.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Hello Coach from any and all claims that you could assert against Hello Coach by virtue of any such moral rights.
You indemnify Hello Coach against all damages, losses, costs and expenses incurred by Hello Coach arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 Removal

Hello Coach acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Hello Coach may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

5. Taxes

Any fees listed by Hello Coach on the Platform do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, goods and services tax, other sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, Taxes). Users are responsible for paying all Taxes associated with their purchases. If Hello Coach has the legal obligation to pay or collect Taxes under this agreement, Hello Coach will invoice the relevant User and the User will pay that amount.

6. Refunds, Service Interruptions and Cancellations

To the maximum extent permitted under Australian Consumer Law, Hello Coach will have no liability or obligation to you if:

a Client or Coach cancels a scheduled coaching session or related service (Coaching Session) at least 24 hours before the commencement of any scheduled coaching session; or
for whatever reason, including technical faults, the Coaching Services cannot be performed or completed by a Coach,

and you will not be entitled to any compensation from Hello Coach.

7. Identity Verification

(Verification) We may offer or require Users to verify their details using an external identity verification service, currently Stripe (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(Warranty and Indemnity) You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
3. we do not endorse any User, Coaching Session or Verification Service.

8. Service Limitations

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Hello Coach cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

9. Intellectual Property

Hello Coach retains ownership of and provides you with a non-transferable, revocable sublicense to use as permitted by this agreement and only for the duration of your Account, all materials developed or provided (or both, as the case may be) in connection with the Hello Coach Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of running or participating in a Coaching Session. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Hello Coach or as permitted by law.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. Third Party Content

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Hello Coach accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. Third Party Terms

We use the services from Third Party Providers to power the Platform.
Any service that requires Hello Coach to acquire services supplied by Third Party Providers may be subject to the terms and conditions of that Third Party Provider (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable and, by using the Platform, the User will be taken to have agreed to such Third Party Terms.
Users agree that to the maximum extent permitted by law, Hello Coach we will not be liable for the security or performance of such Third Party Providers or any losses the Users might suffer in connection with Third Party Terms or the services supplied by Third Party Providers.

12. Online Payment Partner

We may use third-party online payment partner, currently Stripe, (Online Payment Partner) to collect payments for Session Fees or our Hello Coach Services
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
You agree to release Hello Coach and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

13. Disputes Between Users

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Hello Coach via [email protected]. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Hello Coach has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Hello Coach reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with Hello Coach, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 13, you or Hello Coach may at any time cancel your Account or discontinue your use of the Platform.

14. Recordings

You acknowledge and agree that the Platform may record any of the Hello Coach Services or Coaching Services provided on the Platform including the Coaching Sessions (Recording) and Hello Coach may use such Recordings for:

dispute resolution purposes in accordance with clause 13 above;
provision of the Recording to a specific Client who is contained in the relevant Recording, provided that the Client requests a copy of the recording prior to the delivery of Coaching Session being recorded; and
provision to other Coaches, for training and quality assurance purposes.

15. Security

Hello Coach does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
Without limiting clause 15(a), Hello Coach will maintain appropriate security measures designed to prevent unauthorized access to User data. Hello Coach will ensure a regular independent audit is performed of its operations and information security controls in line with SSAE 16 SOC2 Type II and/or or similar standard. Currently, Hello Coach is hosted using AWS, a third-party hosting provider, which provides compliance with under the following standards:
1. ISO/IEC 27001:2013,
2. ISO/IEC 27017:2015,
3. ISO/IEC 27018:2019,
4. ISO/IEC 27701:2019,
5. ISO/IEC 9001:2015, and
6. CSA STAR CCM v3.0.1.

16. Disclaimer

(Limitation of liability) To the maximum extent permitted by applicable law, Hello Coach excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Coach. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You agree to indemnify Hello Coach and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’:
1. breach of any term of this agreement;
2. negligent or criminal act and/or omission;
3. use of the Platform; or
4. your provision, or receipt, of services to or from another User.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Hello Coach be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any Coaching Services (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

17. Confidentiality

The Users agree that:

no information owned by Hello Coach, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform are confidential, and must be kept as such by the Users and must not be distributed nor disclosed to any third party except as otherwise provided in this agreement.

18. Privacy

You agree to be bound by the clauses outlined in Hello Coach’s Privacy Policy, which can be accessed here https://www.hello-coach.com/privacy-policy or are available on request.

19. Analytics

Hello Coach will collect and aggregate Hello Coach Analytics (as defined in our Privacy Policy) and deal with those analytics in accordance with our Privacy Policy. By creating an account on the Platform, you acknowledge and agree to our Privacy Policy and such Hello Coach Analytics being collected and used by us in accordance with that policy.

20. Collection Notice

We collect personal information about you in order to provide Hello Coach Services to you, to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

21. Google Services

The Platform uses a number of Google Inc services, including reCAPTCHA v3, Google Places API and Google Analytics. You acknowledge and agree that your use of the Platform, in addition to these terms, will be subject to:

22. Notice Regarding Apple

If you are accessing the Hello Coach Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and Hello Coach and not with Apple. Apple is not responsible for the Hello Coach Services or any content available on the Hello Coach Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Hello Coach Services;
in the event of any failure of Hello Coach to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Hello Coach Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Hello Coach Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Hello Coach’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Hello Coach Services, including, but not limited to:
1. product liability claims;
2. any claim that the Hello Coach Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Hello Coach Services or your use of the Hello Coach Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Hello Coach Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

23. Termination

Hello Coach reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
In the event that a User’s membership is terminated:
1. the User’s access to all posting tools on the Platform will be revoked;
2. the User’s sublicense to use the Service Content is immediately revoked;
3. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Coaching Sessions or requests); and
4. Hello Coach may remove all of the User’s Posted Materials from the Platform.
Users may terminate their membership on Hello Coach at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Hello Coach will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

24. Record / Audit

To the extent permitted by law, Hello Coach reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Hello Coach.

25. Notices

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent; or
2. when replied to by the other party, whichever is earlier.

26. General

26.1 Governing Law and Jurisdiction

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

26.2 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

26.3 Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

26.4 Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

26.5 Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

26.6 Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

26.7 Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

26.8 Interpretation

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part 2: Clients

Service Listings & Fees
Audio and/or Video Recordings
Payment
Cancellations & Post-Session Refunds
Rescheduling
Ratings & Reviews
Nature of Coaching and Your Responsibilities
Linked Businesses
Communication Outside the Platform

1. Service Listings and fees

You acknowledge and agree that:

if you respond to a Coaching Offer or access a Coach’s profile and submit a booking during their available times, that will constitute your offer and intention to enter into a contract with Hello Coach for the provision of the advertised Coaching Services as described in the Coaching Offer in exchange for your payment of the Session Fee as shown in the Coaching Offer to Hello Coach (Booking);
you must receive the Coaching Services for a Booking at the times specified in such a Booking and both Hello Coach and the Coach which you have booked will be under no obligation to reschedule any agreed delivery dates and times;
for each Booking you make, a hold for the Session Fee (as the Session Fee is described in the Coaching Offer or on the Coach’s Account profile) will be placed on your card by our Online Payment Partner and debited:
1. 48 hours after the Booking; or
2. 24 hours prior to the provision of the Coaching Services specified in the Coaching Offer,

whichever occurs first.

2. Audio And/or video recordings

You may elect by written request to your Coach, at a time prior to your Coaching Session commencing, that your Coaching Session with a Coach be recorded in which case:
1. you may record the Coaching Session using your own software; or
2. your Coach may offer to record the Coaching Session and you will be given access to the recording by us at a time which is at least 48 hours after the completion of your Coaching Session.
If you do not request that your Coaching Session be recorded prior to commencement of the Coaching Session, you will not be given access to a recording.
Any recordings you make or receive from Hello Coach can only be used for your own personal use. You must not repurpose, edit or share the recording (or the contents of the recording) on any public forum.

3. Payment

(Payment obligations) Unless otherwise agreed in writing with Hello Coach, you must pay for all Coaching Services specified in a Coaching Offer at the times and in the manner set out on the Platform.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Coach, you will then have the option of purchasing the relevant Coaching Services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

4. Cancellations and post-session refunds

4.1 Cancellations

If a Coach cancels a Coaching Session any time after you have made a Booking, Hello Coach will endeavour to find a replacement Coach for your Coaching Session that can provide the same service as your original Coach. If we are unable to find a replacement, you are entitled to a refund of the Session Fee.
If you wish to cancel a service before the Coach has fulfilled the requirements specified in the Coaching Offer, you must do so using the functionality on the Platform. If your notice to cancel the Coaching Session is:
1. at least 24 hours prior to the scheduled commencement of your first Coaching Session (Free Cancellation Period), you will be refunded the entirety of the Session Fee;
2. outside of the Free Cancellation Period, you will not be entitled to a refund of the Session Fee.

4.2 Post-session refunds

Hello Coach may include a refund request function on the Platform, which you may utilise within 60 minutes following the conclusion of a Coaching Session.
In the event you utilise the post-session refund request function you acknowledge and agree:
1. Hello Coach is in no way obligated to provide you with a refund of the Session Fee or compensation for the Coaching Services; and
2. Hello Coach may in its sole and absolute discretion, after considering any reasoning which you submit to us on the Platform, provide you with a partial or full refund of the Session Fee but are under no obligation to do so.

5. Rescheduling

5.1 Client Rescheduling

If you wish to reschedule a Coaching Session after accepting a Coaching Offer, you must request such a rescheduling on the Platform.
If you request to reschedule a Coaching Session:
1. at least 24 hours before the relevant Coaching Session, your Coach will work with you to find a suitable rescheduled time acceptable to both yourself and your Coach; or
2. within 24 hours before a Coaching Session, your Coach is not under any obligation to reschedule the Coaching Session and may, at their sole discretion, retain the existing time and date for your Coaching Session (in which circumstances your Coach and Hello Coach are not liable for loss or compensation to you) and will retain the Quoted Amount, including the Hello Coach Fee.

5.2 Coach Rescheduling

Where a Coach requests to reschedule the delivery time for the Coaching Services for an upcoming Booking:
1. if the request is made at least 24 hours before any scheduled Coaching Session, you must accept such rescheduling and rebook the delivery time for the Coaching Session (subject to your future availabilities); or
2. if the request is made within 24 hours before any scheduled Coaching Session, you may choose to accept or reject such a request at your discretion. In the event that you choose to reject a Coach’s rescheduling, Hello Coach will endeavour to find a replacement Coach for your Coaching Session that can provide the same Coaching Services as your original Coach. If we are unable to find a replacement, you are entitled to a refund of the Session Fee.

6. Ratings and reviews

Clients may rate Coaching Services (Rating) and/or may provide feedback to Coaches regarding the Coaching Services purchased by that Client (Review).
Client Ratings and Reviews of a Coach may be viewed by any User and will remain viewable until the relevant Coach’s Account and/or Coaching Session is removed or terminated.
A Client must provide true, fair and accurate information in their Review.
If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Client from posting the Review. We do not undertake to review each Review made by a Client.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews for Coaches to which you have personal or professional relations.
You can write a Review about a Coach if you have had a service experience with that Coach on the Hello Coach Platform, which means that:
1. you have purchased a service from that Coach; or
2. you have placed an order with the Coach; or
3. you can otherwise document your use of the Coach’s service, including via correspondence or other interaction with the Coach,
(collectively referred to as a Service Experience).
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
If a Coach is a business, you may not write a review about such a Coach if you have previously owned, currently own, or an immediate family member currently owns that business, or if you are an executive or employee of that business, or work for the business. Similarly, you may not write a Review about a direct competitor to the business you own, are employed by or work for.
Your Service Experience must have occurred within the last 3 months. This means within 3 months from the date on which you write the Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive to write a Review, you must not write a Review. Incentives include the other party offering you a gift, reward, discount or advantage for writing a Review on the Platform. Such incentive offers must be reported to Hello Coach.

7. Nature of coaching and your responsibilities

You are solely responsible for creating and implementing your own physical, mental and emotional wellbeing, decisions, choices, actions and results arising out of or resulting from the Coaching Services provided on the Platform.
You acknowledge and agree that:
1. both the Coach and Hello Coach are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Coaching Services provided by the Coach;
2. coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease;
3. coaching is a comprehensive process that may involve different areas your life, including work, finances, health, relationships, education and recreation but deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is your responsibility and you should seek individual, professional advice when needed;
4. coaching does not involve the diagnosis or treatment of mental disorders and is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, financial advice or other professional advice by legal, medical or other qualified professionals and it is the Client’s exclusive responsibility to seek such independent professional advice as needed;
5. if you are currently under the care of a mental health professional, you must promptly inform the mental health care professional of the nature and extent of the coaching relationship as set out in this agreement;
6. in order to enhance the coaching relationship, you will communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program; and
7. the relationship between a Coach (or Hello Coach) and yourself under this agreement is not a fiduciary relationship nor does it create a duty of care.

8. Linked Businesses