Welcome to Coacherry! Your new favorite local skills and knowledge sharing marketplace where you can book 1:1 coaching sessions with talented and inspiring people located near you. Please review our terms below.
General Website User Terms
WHAT’S IN THESE TERMS?
WHO WE ARE AND HOW TO CONTACT US
Welcome to Coacherry, owned and operated by Good Fight Group Limited, a company registered in England and Wales, registration number 10680327 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
Coacherry provides an online platform and services that connect users offering knowledge, skills, and advice (the “Coaches” also referred to here as "Sellers") with users seeking knowledge, skills, and advice (the “Coachees” also referred to here as "Buyers") (collectively, the “Services”).
Coacherry’s Services are accessible at https://coacherry.com and its subdomains ("Site”).
You can contact us by writing to us, or emailing us at email@example.com
BY USING OUR SITE YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site.
We recommend that you save a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- If you sign up to use our services our Terms and Conditions will also apply whether you are acting as a coach ("Seller") or a coachee ("Buyer") wishing to use our site.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities.
REGISTERING TO USE OUR SITE AND BECOMING A MEMBER
In order to register to use our site, you must obtain an invitation code. Please contact us at firstname.lastname@example.org or see more information here.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Currently, our site is made available free of charge for those acting as buyers. Any sellers wishing to register to use our site will be subject to charges as set out in our Terms and Conditions, available below.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
KEEPING YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off, saved or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELYING ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site may not necessarily represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by email to firstname.lastname@example.org.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and Conditions.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site;
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site and for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site or will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights You Are Giving Us To Use Material You Upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
While we’re not obligated to moderate any content on our site, we have the right to edit or remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us full rights to use, re-post and deal with all such content provided we deal with it in a fair and reasonable way.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see below).
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To place for sale any goods that are illegal, immoral or offensive, hazardous, restricted or regulated.
You also agree:
- Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our terms of website use above.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Chat applications or chat rooms
Forums or bulletin boards
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We do not allow minors to use of any of our interactive services.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this User and Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
USE OF OUR TRADE MARKS
You are not permitted to use any of our trademarks, whether they are registered or not, without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
Terms and Conditions
THIS AGREEMENT sets out the terms and conditions in relation to your use of our Website as a Member, the services We will provide and the terms on which Sellers may promote their services and buyers may request those services.
This Agreement must be read in conjunction with:
Our General Website User Terms and Acceptable Use Policy
Our Privacy and Cookies Policy
A We provide an online community marketplace to locally connect buyers and sellers of services.
B You may register to use our site (by invitation only) as a Buyer, Seller or both.
C When acting as a Seller, you warrant that you are acting in the course of a business, trade or profession.
D Buyers using the Website may be acting in the course of a business, or acting as a consumer.
E We will allow Sellers to use our Website to post listings and the Seller will place listings in accordance with these Terms and Conditions.
G At no time will a contract come into existence as between Us and the Buyer. Any contract formed for the provision of services will be solely between the Seller and the Buyer.
H You must be over the age of 18 to open an Account with Us.
I Unless specifically stated, these terms apply equally to all Members of the Site but specific terms also apply when acting as a Buyer (clause 7) or as a Seller (clause 6).
1 Definitions and interpretation
1.1 In this Agreement, unless the context requires otherwise:
Account means the profile account that you set up on our Website.
Listing means the Seller offering its services on the Website.
Business Day means a day other than a Saturday, Sunday or bank or public holiday;
Buyer means a business or consumer requesting information or the services the Seller;
Commencement Date means the date of this Agreement;
Commission means the amount We will charge the Seller and the Seller agrees to pay Us.
Fees means the amount of commission the Seller agrees to pay us for each Successfully Completed Transaction;
Force Majeure means an event or sequence of events beyond reasonable control preventing the Seller or Us delaying from performing the obligations under this Agreement save that an inability to pay is not a Force Majeure event;
Good Practice means, in relation to the services advertised and sold, that the Seller will comply with all applicable laws in relation to the supply of services and with the British Code of Advertising Practice or any other applicable similar local law/s‘Intellectual Property Rights’ means copyright, rights in confidential information, Know-how, trade secrets, trademarks, service marks, trade names, design rights and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing;
Member means any person who opens and Account with us;
Membership means the access that Members will have to our Services and the Website when and account is created with us;
Operating rules means the rules (as amended from time to time) that affect the Member's use of the Services;
Security Device means the Member’s account codes or numbers, passwords and other security devices as may be agreed from time to time between Us and the Member;
Seller means the individual acting in the course of a business.
Services means, as the context permits, the Services that We have agreed to provide pursuant to the terms of this Agreement;
Services Contracts means the contract that the Seller enters into with the Buyer;
Successfully Completed Transaction means when a Seller has accepted a Buyer’s booking request;
Third-party payment processing agent means Stripe;
Third Party Services are those service providers who are specifically referred to in Clause 15;
Term means the duration of this agreement;
VAT means value added tax, as defined by the Value Added Tax Act 1994;
We/Us/Our means Coacherry owned and operated by Good Fight Group Limited, a company registered in England and Wales, registration number 10680327 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Email email@example.com;
Website means https://coacherry.com and its subdomains;
1.2 This Agreement is to be interpreted in accordance with the following:
1.2.1 each gender includes the others and the singular includes the plural and vice versa;
1.2.2 references to clauses are to clauses of this Agreement;
1.2.3 'including' means including without limitation and general words are not limited by example;
1.2.4 references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
1.2.5 clause headings do not affect the interpretation of this Agreement;
1.2.6 a reference to a statute or a statutory provision is a reference to it as in force as at the date of this Agreement or amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of either party under this Agreement;
1.2.7 a reference to a statute or a statutory provision includes all subordinate legislation made from time to time under that statute or statutory provision;
1.2.8 references to time will mean London time, unless otherwise stated;
1.2.9 'in writing' means communication by letter or fax or email and written will be interpreted accordingly;
1.2.10 references to books, records or other information include paper, electronically or magnetically stored data, film, microfilm, and information in any other form; and
1.2.11 reference to any English action, remedy, method of judicial proceeding, court, legal document, legal concept, legal status, legal doctrine or thing will in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English equivalent;
1.2.12 references to a Party or Parties means the Us and the Member.
2 Supply of Services
2.1 This Agreement commences on the Commencement Date for a Term and until it is terminated in accordance with Termination clause.
2.2 The procedure for applying for Membership and Our Services is set out in clause 3.
2.3 During the Term and at the expiry of the Term We hereby grant the Member a non-exclusive, non-transferable license to use the Website solely for the purpose of accessing and using the Service in accordance with the terms of the Agreement and for no other purpose whatsoever.
3.1 Membership is on an invitation basis only and to apply for Membership in the first instance, an invite and registration code is required. Once a registration code has been supplied, a membership request form will need to be completed and submitted to us. We may ask for verification details prior to processing the membership request. For Sellers, we may also request specific verification information regarding your business and/or areas of expertise.
3.2 The submission of a membership invitation request form will constitute an offer by you to use the Services on the terms of this Agreement.
3.3 We may accept or reject a membership request at our discretion. A membership request will not be accepted, and no binding obligation to supply any Services will arise, until the earlier of:
3.3.1 Our receiving from you all information that we request to verify your status, and thereafter: Our written acceptance of the request; or Our supplying the Services or notifying you that we have commenced supply of the Services (as the case may be).
3.4 Rejection by us of a membership request, including any communication that may accompany such rejection, will not constitute a counter-offer capable of acceptance by you.
4 Delivery of Services
4.1 Once a membership request has been accepted, the Member will usually be able to upload information to their account within 24 hours but time is not of the essence.
4.2 If the Member breaches any of the terms of this agreement We may at a sole discretion:
4.2.1 terminate this Agreement;
4.2.2 Refuse to accept any subsequent membership requests from the ex-Member;
4.2.3 recover from the Member all losses, damages, costs and expenses incurred by Us arising from the Member's default.
4.3 We will not be liable for any delay in or failure of delivery to the extent caused by:
4.3.1 the Member’s failure to: (i) provide us necessary information to provide our Services, (ii) provide Us with adequate instructions for supply or otherwise relating to the Services; or
4.3.2 an event of Force Majeure.
5.1 The Services delivered by Us will be supplied with reasonable skill and care.
5.2 We will not be liable for any failure of the Services to comply with clause 5.1:
5.2.1 where such failure arises by reason of the Member's wilful damage or negligence;
5.2.2 to the extent caused by the Member's failure to comply with the Our reasonable instructions as to: (i) use or benefit from the Services, or (ii) good practice in relation to use or benefit from the Services;
5.2.3 to the extent caused by the Us following any specific requirement of the Member in relation to the Services;
5.2.4 to the extend caused by Our changing our host server.
5.3 We will comply with all UK applicable laws, standards and good industry practice in the supply and delivery of the Services.
5.4 All Members warrant that they will:
5.4.1 Notify Us promptly of any unauthorised use of the Member’s account details or the Website;
5.4.2 Read the terms and conditions from time to time that apply to the Buyer's or Seller’s use of the Website so that each party remains fully aware of what terms the other party are entering when using the Website, and our Policies.
5.4.4 Be solely responsible for providing and maintaining all computer equipment and software necessary for the Member to access the Service or Website.
6 Specific terms for Seller Members
6.1 Seller Warranties. The Seller warrants that it/he/she will;
6.1.1 Ensure that, both in relation to the Services Contract and generally, it complies with all statutory requirements relating to the provision of goods and/or services in the country in which the Services Contract is performed, and if performed in the United Kingdom specifically pursuant to English Law including (but not limited to) the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other information which it is obliged to give consumers under UK law and that all goods and services provided will comply with a Customer’s legal rights as required by the laws of the United Kingdom or the country in which the Services Contract is completed.
6.1.2 Ensure that Buyers are fully aware of the Seller’s own terms and conditions, including any terms relating to cancellation of the Seller’s services and that any listing sets out the services being offered, the price, available dates, start times, session length and meeting locations that can be offered.
6.1.3 Ensure that it complies with all national Codes of Practice including Codes of Conduct laid down by the British Code of Advertising Practice.
6.1.4 Make it clear in any advertising or listing material that the listing has been placed by the Seller acting in the course of a trade or business;
6.1.5 Be solely responsible for any data, information or advertising material submitted by the Seller on our Website, or to Us in connection with the Service;
6.1.6 At its own cost, be responsible for obtaining (or obtaining relief from any requirements for) all regulatory approvals which it is required to obtain.
6.1.7 Ensure that all information that the Seller puts in the Website or makes available via the Website for Buyer’s is true and accurate and that if further confirms that: i) the publication of the listing will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libelous of any person; ii) all licences and consents from third parties necessary for the publication of the advertisement have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) the advertisement does not unlawfully discriminate on grounds of age, sex, race or religion; iv) the advertisement is not promoting illegal goods and/or services; v) in respect of a financial advertisement (including insurance), the contents have been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 as may be amended or replaced, or the advertisement is otherwise permitted under that Act; vi) in respect of credit or hire advertisements, the contents comply with the Consumer Credit (Advertisements)(Amendment) Regulations 2007, as may be amended or replaced; vii) a Seller using a third party service provider shall be solely responsible for ensuring the accuracy of copy and the timeliness of its delivery and that no advertisement will be placed by the Seller in regards to adult services and pornography, that is offensive in any way, illegal or immoral.
6.1.8 Deal with any complaints received by Buyers in a timely manner but in any event, inform us within 7 days of any complaint received by a Buyer and to inform us of the outcome.
6.1.9 Comply with all income and other tax and VAT legislation in force within the country in which the Seller resides or the Services Contract is performed.
6.1.10 Inform us immediately of any change in the Seller’s trading status, memberships or of any factor that it is reasonable to assume would affect its Membership.
6.1.11 Agree to the Buyer using our feedback portal to leave feedback in regards to the services provided by the Seller. We will not review any information posted by Buyers about Sellers on the Website. If the Seller believes that information given is incorrect or in breach of these terms the Seller must inform Us immediately, and we will consider removing it (if at our total discretion We believe it should be removed).
6.1.12 Be fully responsible for all national, local and other reporting laws, tax, income and obligations etc. that apply to the Seller when acting in a course of a business and for the supply of services.
6.1.13 That all prices advertised on the Website will be shown in GBP (£) and the Seller will clearly state the Country from which the services are being offered.
6.2 Fees. In return for its Membership the Seller agrees to pay our Fees:
6.2.1 The amount of Commission to be paid to Us by the Seller will be as agreed between us and the Seller from time to time and are based on a percentage of each Successfully Completed Transaction.
6.2.2 We reserve the right to change the Commission rate/s and the new rate/s will be payable for all applicable future booking requests and transactions.
6.2.3 The Fees are inclusive of VAT as We are not VAT registered. If at any time during the Term of this Agreement We register for VAT we will give you at least 30 days’ notice that VAT will be added on all subsequent Fees after expiry of the 30-day period.
6.3 Our use of Listings. Listings are accepted on condition that we have the right to publish and distribute them and all information set out in them in all editions in any form or medium, including online and digital facsimile and any form of social media. The copyright in work or material we contribute to or re-work for a listing belongs to us.
6.4.1 All Sellers will be required to open a Stripe Connected Account and will be subject to Stripe’s terms and conditions.
6.4.2 Payments will be made by a Buyer at which time the Seller will receive a notification and given the opportunity to accept the transaction. If the transaction is not accepted within 3 days the transaction is cancelled.
6.4.3 If a transaction is accepted, the money is captured from Buyer and funds are put on hold by Stripe. Both parties get a receipt of the transaction via email. Our Fees will be scheduled to be paid to Us via Stripe in accordance with Stripe's payout schedule.
6.4.4 Stripe transfers the money from the Stripe balance to Seller's bank account after the services offered in Seller's Listing have been delivered by the Seller.
6.4.5 Payments from Buyers must not be accepted by Sellers directly.
6.5 Limitation of liability as between us and Sellers.
6.5.1 Neither party to this Agreement limits or excludes its liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
6.5.2 Without prejudice to clause 6.5.1 Our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed the total fees paid by the Seller in the preceding 1 month.
6.5.3 Without prejudice to clause 6.5.1, the Seller’s total aggregate liability under or in connection with this Agreement, will not be limited.
6.6 Indemnity. The Seller will indemnify Us and hold Us harmless from and against any losses, damages, liability, costs and expenses (including professional fees) incurred by it as a result of any action, demand or claim:
6.6.1 that the Seller is in breach of any applicable laws as a result of any act or omission of the Seller;
6.6.2 made against Us by a third party (including a Buyer) arising from any defect in the services provided by the Seller or by the Seller’s breach of this Agreement;
6.6.3 is in breach of the Advertising Code of Conduct or any other advertising codes of conduct;
6.6.4 In the event that either party receives notice of any Claim that affects the other party to this Agreement, it will:
188.8.131.52 notify the other in writing as soon as reasonably practicable;
184.108.40.206 not make any admission of liability or agree any settlement or compromise of the Claim without the prior written consent of each other (such consent not to be unreasonably withheld or delayed);
220.127.116.11 take all reasonable steps to minimise the losses that may be incurred by it or by any third party as a result of the Claim; and
18.104.22.168 provide each other with all reasonable assistance in relation to the Claim (at the Seller's expense) including the provision of prompt access to any relevant premises, officers, employees, contractors or agents of the Customer.
7 Specific Terms for Buyer Members
7.1 By using our Website and registering with us Buyers understand that we are only acting as a platform and that the contract for any services to be provided by Seller is only between the Seller and the Buyer.
7.2 We use our best endeavors to keep the information that we place on the Website as accurate as possible but we are under no obligation to update the website.
7.3 We have no responsibly for information on the Website given by Sellers and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on this Website.
7.4 e make no warranties in regard to the services Seller Members provide, nor have we vetted the services they provide. We do not verify the accuracy or truth or completeness of, and shall not be liable for and accept no responsibility for any information presented including, but not limited to, information presented by Members, liability in connection with any connections made directly with Members, or any circumstances that may arise from your use of the Website.
7.5 Where a Buyer posts information on the Website the Buyer understands that the information provided will be open to the public to view however, no contact information will appear. This will only be provided to Sellers that hold a Membership with Us. Any information that a Buyer places on the Website must be in strict compliance with our Website User and Acceptable Use policies link
7.6 Any links provided on the Website to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.
7.6 Limit of relationship. Buyers using the website (and the services of Member Sellers) accept and agree that:
7.6.1 We are not liable for any information given on the Website or directly to you by a Seller or for any goods or services (lack thereof or failure to meet legal requirements) provided by a Seller.
7.6.2 We do not provide any of the services listed by Sellers on the Website.
7.6.3 By using this Website and/or registering to use the Website, you agree and accept that no legal relationship is created between you and us in regards to the services you request from a Seller.
7.6.4 We make no representations or guarantees as to the services being offered or advertised by Sellers. We carry out simple email verification checks and then simply allow Sellers to use our Website to list services, and for Buyers to use the Website to contract to pay for those services from Sellers. We do not vet the services provided by Sellers nor do we recommend or endorse them.
7.6.5 All of the Sellers using our Site have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the Country in which the services are provided (see Clause 7.7) but we do not verify that information and therefore we give no guarantee or warranty in that regard. You are solely responsible for making your own checks in regards to the Seller’s skills to undertake the services that you are wishing for them to complete.
7.7 Limit of liability
7.7.1 To the extent permitted by law, we have no liability whatsoever relating to the information on this Website, or the services listed and promoted by Sellers. This does not affect your statutory rights under English Law. We do not limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other liability which we cannot exclude by law.
7.7.2 We shall not be liable for losses or damages (whether direct, indirect or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from this Website or the use of the Platform, or from any interruption or delay in accessing this Website.
7.7.3 By agreeing to these terms, you agree to fully indemnify, defend and hold Us harmless our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third party partners from and against all third party claims, costs, losses and/or liabilities relating or arising in connection with any illegal use of the Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.
7.8 Payment to Sellers.
7.8.1 No payment should be made directly to a Seller and all payments must be made through the Website.
7.8.2 Payments to Buyers can be made by most credit and debit cards
7.9 When arranging to meet a Seller, we would strongly recommend that any meeting is arranged to take place in a mutual and public location, such as a café or library.
8.1 During the Term this Agreement may be terminated:
8.1.1 By Us where there is a breach of this Agreement by Our giving not less than 2 Business Days’ notice in writing to the Member where there is material breach of this Agreement and such breach is not remediable or, if capable of remedy, is not remedied within 1 Business Days of receiving written notice to do so; or
8.1.2 by the Seller giving 90 days’ notice to terminate its Membership. The Seller will still be liable for all Fees that result in a Successfully Completed Transaction if the Services Contract was requested or commenced prior to termination but completes after termination.
8.1.3 by the Buyer at any time by emailing us at firstname.lastname@example.org or writing to us at our registered office, and we will delete the registration details and all details that we hold on the Buyer from our database.
8.2 The following clauses of this Agreement will survive termination, howsoever caused:
Limitation of liability;
Governing law and jurisdiction,
together with any other provision of this Agreement which expressly or by implication is intended to survive termination.
9 Confidential information
9.1 Each party undertakes that it will keep any information that is confidential in nature concerning the other party, the terms of this Agreement and the information relating to any Buyer.
9.2 A party may:
9.2.1 disclose any Confidential Information to any of its employees, officers, representatives or advisers (Representatives) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this Agreement, provided that such party must ensure that each of its Representative to whom Confidential Information is disclosed is aware of its confidential nature and agrees to comply with this clause 9 as if it were a party;
9.2.2 disclose any Confidential Information as may be required by law, any court, any governmental, regulatory or supervisory authority (including, without limitation, any securities exchange) or any other authority of competent jurisdiction to be disclosed; and
9.2.3 use Confidential Information only to perform any obligations under this Agreement.
9.3 Each Party recognises that any breach or threatened breach of this clause 11 may cause irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages, the Parties agree that the non-defaulting Party may be entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
10.1 We hope that you will be happy with the service provided within our Website however, if you do have any complaints regarding the service we provide then please contact us at email@example.com.
10.2 If you have any complaints in regards to the services provided by a Seller, and then please follow their internal complaints procedure. If you are unhappy with the outcome then please contact us at firstname.lastname@example.org however, we do not make any warranties or representations as to what steps we will take in regard to such complaints.
10.3 For any disputes relating to payments these will be handled directly by Stripe. Coacherry will mediate as we deem necessary.
11 Force Majeure
11.1 A Party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
11.1.1 promptly notifies the other of the Force Majeure event and its expected duration; and
11.1.2 uses reasonable endeavours to minimise the effects of that event.
11.2 If, due to Force Majeure, a party:
11.2.1 is or will be unable to perform a material obligation; or
11.2.2 is delayed in or prevented from performing its obligations for a continuous period exceeding 30 calendar days then the other party may terminate the Agreement on immediate written notice.
11.3 For the duration of a Force Majeure event affecting a party to this Agreement, the obligations of the other Party will be suspended for the corresponding period of time.
12.1 Compliance with law. Each party will comply and will (at its own expense unless expressly agreed otherwise) ensure that in the performance of its duties under this Agreement, its representatives will comply with all applicable laws and regulations, provided that neither party will be liable for any breach to the extent that such breach is directly caused or contributed to by any act or default of the other party or that party's Representatives.
12.2 Set-off. The Seller must pay all sums that it owes Us under this Agreement free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
12.3 No partnership or agency. The parties are independent of each other and are not partners, principal and agent and, save as expressly stated otherwise, this Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. Neither of the parties will have, nor will represent that it has, any authority to make any commitments on the other Party's behalf.
12.4 Variation. No variation of this Agreement will be valid or effective unless it is in writing, refers to this Agreement and is duly signed or executed (as the case may be) by, or on behalf of, each party.
12.5 Severance. If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
12.6.1 No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right, power or remedy.
12.6.2 No single or partial exercise of any right, power or remedy provided by law or under this Agreement will prevent any future exercise of it or the exercise of any other right, power or remedy.
12.6.3 A waiver of any term, provision, condition or breach of this Agreement will only be effective if given in writing and signed by the waiving Party, and then only in the instance and for the purpose for which it is given.
12.7.1 Any notice given by a Party under this Agreement will:
(a) be in writing and in English;
(b) be sent to the relevant party at the address set out in this agreement (for Us) and the membership request form (for the Member).
12.7.2 Notices may be given, and are deemed received 24 hours from delivery if sent to the correct email address and no notice of delivery failure is received.
12.7.3 All references to time are to the local time at the place of deemed receipt.
12.7.4 This clause does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings.
12.8 Conflict within an agreement. If there is a conflict between the terms of this Agreement and the terms of any other documents referred to in this Agreement, the terms of this Agreement will prevail.
12.9.1. Subject to clause 12.9.2, neither party may assign, transfer, or deal in any other manner with any or all of its rights under this Agreement (each an assignment) without the prior written consent of the other party.
12.9.2 We may sub-contract in any manner any or all of its obligations under this Agreement.
12.9.3 Each party confirms it is acting on its own behalf and not for the benefit of any
12.10 Rights of third parties. No person other than a Party to this Agreement will have any right to enforce any of its provisions.
13 Entire agreement
13.1 The Parties agree that this Agreement (and Policies referred to herein) constitute the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
13.2 Each Party acknowledges that it has not entered into this Agreement or any documents entered into pursuant to it in reliance on, and will have no remedies in respect of, any representation or warranty that is not expressly set out or referred to in this Agreement or any documents entered into pursuant to it, except in the case of fraudulent misrepresentation.
14 Governing law and jurisdiction
14.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.
14.2 The Parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
15. Third Party Services
15.1 We have engaged third-party service providers to perform some of the services that are required for us to offer and for Members to be able to use our Website related to the actual website and related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance. These include:
Stripe. We use Stripe (but we may also partner with other licensed payment processors without any reference to you) to facilitate card payments and other payments and the disbursement of funds to Sellers.
15.2 We may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
15.3 By using a Third-Party Service, you will also be subject to an agreement with the third-party.
15.4 If We receive notice that a Member’s content or activity violates a third party's service agreement, We may at our sole discretion take action against the Member and/or the Member’s Account to comply with their policies. Such actions may include cancelling a transaction, disabling listings, suspending your Account/Membership and our Services and removing certain payment methods.