TERMS OF SERVICE
Effective date: 1 November 2020
Welcome to Coach Triumph.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our services and the website located at https://coachtriumph.com (together or individually “Service”) operated by Coach Triumph Limited ("company", “us”, “we”, or “our”).
If you do not agree with (or cannot comply with) the Agreement, then you may not use the Service, but please let us know by using our contact form or emailing at email@example.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use our Service.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximise personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.
2. Coach-Client Relationship
0.1. Coach Triumph agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.
0.2. The Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their coaching sessions with Coach Triumph. As such, the Client agrees that Coach Triumph is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Coach Triumph.
0.3. 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.
0.4. Client further acknowledges that they may terminate or discontinue the coaching relationship at any time.
0.5. Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
0.6. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
0.7. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.
0.8. The Client understands that the Coach is engaged by Coach Triumph. The Coach acts at all times and has no authority to bind or represent any other party in any way. No other party shall be held liable by the Client for any act, matter or thing done or to be done by the Coach throughout the duration of the Coaching period.
3. Services and Fees
0.1. Program: The parties agree to engage in a Coaching Program selected by the Client.
0.2. Duration per session/program: A coaching session will be of approximately 45-60 minutes, and not more than 60 minutes. Normally, between sessions of a program, there will be an interval of 2-4 weeks to encourage and allow reflection, action, and review.
0.3. Coaching sessions will take place via audio / video-conferencing (e.g. Zoom) or at a mutually agreed meeting place or over the telephone. It is at the Coach’s discretion whether a given session may run overtime if the Client arrives late. The Client is still liable for the full cost of a session in the event of late arrival to the session.
0.4. Payment must be made in full and in advance, prior to starting the first coaching session. Payment to be made by way of Online Payment via the website (https://coachtriumph.com). If the online payment fails, on agreement with Coach Triumph, you may be able to pay by way of Cheque/Bank Transfer/Other methods.
0.5. Per Client’s request, the coach may also be available for additional time, for services related to coaching sessions outside the coaching hours. For example, reviewing documents & reports. Fees for this additional service will be charged at the rate of GBP50.00 for each 30mins.
0.6. No refund is available in the instance that the Client is dissatisfied with the coaching services provided. [The 4 steps starting journey, allows the Client a free discovery session (approx. 30mins) to get to know the Coach, sense the personal chemistry, clarify any questions, doubts and understand the program details better.]
0.7. In the instance that the Client is required to discontinue coaching due to unforeseen circumstances, the provision of a full or partial refund of the advance payment is at the sole discretion of Coach Triumph.
4. Service and Fee Changes
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including Clients (i.e. registered members).
Coach Triumph in its sole discretion and at any time may modify the coaching program Fees. Any Fee change will become effective immediately.
You become a client when you purchase a program (paid in advance and in full) and complete registering for an account. Hence, if you have already signup and paid in full prior to any Service/Fee changes, the revised Service/Fee will not affect you.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
7. Contests and Promotions
8. Free Trial
Coach Triumph may, at its sole discretion, offer free trials for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Coach Triumph for the Free Trial period. On the last day of Free Trial period, unless you cancel, you will be automatically charged the applicable fees for the type of program you have selected.
At any time and without notice, Coach Triumph reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
9. Cancellation & Refunds Policy
Postpone a session:
- You must let us know, no less than 48hours via email at email@example.com or via the contact form. We can reschedule the session.
- If you were unable to inform us, no less than 48hours, we can still reschedule the session, but with an additional charge of GBP 50.00.
- You can only postpone up to a maximum of three instances during the program (free or charges paid).
- Session rescheduling beyond the acceptable limit will incur a cancellation fee of per session cost, according to the Coaching Program signed up.
Program cancellation/refund policy:
- You must let us know, as soon as you can via email at firstname.lastname@example.org or via the contact form.
- Program not started (not had a single session): Program fees paid to be refunded subject to a cancellation fee of GBP 50.00.
- Program started (e.g. 1-3 sessions): Refunded subject to a cancellation fee of 75% of the program fees paid.
- Program started (e.g. more than 3 sessions): No refund.
All additional charges incurred (if any) per the cancellation policy must be paid in full and immediately.
Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Coach Triumph has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Coach Triumph or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
11. Prohibited Uses
You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
0.8. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent.
0.10. Use any device, software, or routine that interferes with the proper working of Service.
0.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.12. Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.13. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.14. Take any action that may damage or falsify Company rating.
0.15. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
13. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. Coach Triumph will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in Coach Triumph’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by Coach Triumph from a third party, without breach of any obligation to the Client; (d) is independently developed by Coach Triumph without the use of or reference to the Client’s confidential information; or (e) Coach Triumph is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and coaching professional development and/or consultation purposes.
16. Intellectual Property
All content of the website and the material published on it including but not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code that operates the website (together the ‘content’) is protected by copyright, trade mark and/or other proprietary rights owned by or licensed to Coach Triumph. Should you choose to download print or copy any content from the website, you must do so only in accordance with these terms and the terms of the relevant licence for such information as specified by us on the page set out above. Such activity is permitted only for your personal use or, in relation to information provided under a government licence, in accordance with the terms of the relevant licence only. Accordingly, you acknowledge that republication, retransmission, reproduction or other use of the content is strictly prohibited.
You must not use any part of the content on the website for commercial purposes.
Service and its original content (excluding Content provided by Clients/Users), features, and functionality are and will remain the exclusive property of Coach Triumph and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Coach Triumph.
The Client may not use or reproduce any of the processes, techniques, presentations, methodologies, precedents, and/or materials used by Coach Triumph in the course of the Coaching Program. The client must not at any time use or reproduce any of the above in any manner, shape or form, except for personal use. The Client shall ensure that no servant, agent, related body or corporate contact will use or reproduce these in any manner, shape or form.
The Client shall indemnify Coach Triumph with respect to any loss or damage caused or sustained by the Coach in the event of a breach of this section.
17. Copyright Policy
Any personal information that you provide to the website will be handled by Coach Triumph in line with current UK data protection legislation, namely, the General Data Protection Regulation 2016 (GDPR), the Data Protection Act 2018 (DPA) and the Privacy and Electronic Communications Regulation 2003, collectively referred to as ‘data protection legislation’ for the purpose of this document.
We have put in place appropriate technical and organisational security measures and will take reasonable steps to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access.
Unfortunately, the transmission of your personal data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us over the internet and any transmission is at your own risk.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
18. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org with the subject line: “Copyright”
The relationship between you and Coach Triumph will be governed by English law. You agree to submit all disputes to the jurisdiction of the English courts.
You can change your marketing preferences and unsubscribe at any time by contacting us at email@example.com
19. Error Reporting and Feedback
You may provide us either directly at firstname.lastname@example.org or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
20. Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Coach Triumph.
Coach Triumph has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
21. Disclaimer Of Warranty
These services are provided by Coach Triumph on an “as is” and “as available” basis. Coach Triumph makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Coach Triumph hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
22. Limitation Of Liability
0.1. The Client agrees they use Coach Triumph services at their own risk and that the Coaching Program is only an educational service being provided.
0.2. The Client releases Coach Triumph and related entities as well as the venue where the Program is being held (if applicable) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program.
0.3. The Client accepts any and all risks, foreseeable, or unforeseeable.
0.4. The Client agrees that Coach Triumph will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our services or enrolment in the Program.
0.5. Coach Triumph assumes no responsibility for errors or omissions that may appear in any of the Program materials.
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Coach Triumph has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Coach Triumph, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Either the Client or the Coach may terminate this Agreement at any time with two weeks’ written notice. The Client agrees to compensate Coach Triumph for all coaching services rendered through to and including the effective date of termination of the coaching relationship. Conditions for Coach Triumph to terminate the Agreement before the end of the agreed-upon period may include:
0.1. Client failure to perform or observe any of the Terms of the Agreement, and failure to remedy such breaches within five (5) working days of notice from us that such a failure has occurred;
0.2. Client failure to perform any Terms of this Agreement which cannot be remedied; or,
0.3. An insolvency event that occurs in relation to the Client.
The Client may terminate this Agreement if either of the matters raised in paragraphs 0.1. or 0.2. above are applicable to us. Coach Triumph or Client may terminate this Agreement by mutual agreement.
Payment upon termination
If the Agreement is validly terminated prior to the end of the agreed-upon term of the coaching program, then the Client must immediately pay Coach Triumph the balance (if any) of fees for the unexpired period of Coaching, together with any other monies owed under this Agreement. At the agreed-upon date of termination, we shall immediately cease to be liable to the Client with respect to the coaching program.
If the Client fails to pay the amounts owing under the terms of the paragraph above, an additional 10% annual interest shall be due on amounts outstanding. This interest will be calculated on and from the date on which the principal amount was due to Coach Triumph.
24. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, which governing law applies to the agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
25. Amendments To Terms
We may amend the Terms at any time by posting the amended Terms on this website. It is your responsibility to review these Terms periodically.
Your continued use of the platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use our Service.
26. Waiver And Severability
No waiver by us of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
As part of providing our services, Coach Triumph encourages Clients and may request Clients to share the overall experience and quality of our services in the form of formal feedback/testimonials. Coach Triumph reserves the right to share these testimonials on our platforms as a source of information for potential clients seeking to experience coaching and/or join Coach Triumph.
29. Contact Us
Please send us your inquiries, feedback, comments, requests by email: email@example.com or via our contact form
Last Updated: 1 November 2020