Terms & Conditions

These Terms of Service constitute a legally binding agreement between you and The Coach Desk, Inc. ( “TCD” ) governing your use of the TCD Platform and TCD-affiliated websites (the “Sites” ), mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the "TCD Platform.”

The use of all personal data you submit to the TCD Platform or which we collect about you is governed by our Privacy Policy ( “Privacy Policy” ). A copy of our Privacy Policy is available here. You acknowledge that by using the TCD Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the TCD Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy, as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the TCD Platform.

The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement” .

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE TCD PLATFORM.

PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND TCD RESOLVE DISPUTES. FOR U.S. AND CANADIAN USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST TCD TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE TCD PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

A few highlights of these Terms of Service include:

You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the TCD Platform (Section 2).
Your agreement that the technology for the TCD Platform is provided “as is” and without warranty (Section 17).
Your agreement that TCD provides no warranty and has no liability regarding User action on the TCD Platform or the performance of Coaching Sessions (Section 17).
Your acknowledgment and agreement that TCD does not supervise, scope, direct, control, or monitor a Coach's work and the Coaching Sessions performed (Section 1).
Your acknowledgement and agreement that Clients are solely responsible for determining if the Coach they hire is qualified to perform the Task (Sections 1 and 23).
Your acknowledgement and agreement that Coaches are independent contractors of Clients and not employees, independent contractors or service providers of TCD (Section 1).
Your agreement to hold harmless and indemnify TCD from claims due to your use of or inability to use the TCD Platform or content submitted from your account to the TCD Platform (Section 18).
with TCD on an individual basis to the fullest extent permitted by applicable law.• For U.S. and Canadian Users, your agreement to arbitrate disputes

1. The TCD Platform Connects Coaches and Clients

The TCD Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Coaches. “Clients” are individuals and/or businesses seeking to obtain coaching services ( “Sessions” ) from Coaches and are therefore clients of Coaches, and “Coaches” are individjuals seeking to perform Sessions for Clients. Clients and Coaches together are hereinafter referred to as “Users.” If you agree on the terms of a Session with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

COACHES ARE INDEPENDENT BUSINESS OWNERS. COACHES ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF TCD. TCD DOES NOT PERFORM SESSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SESSIONS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, TCD OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (COACHES) WHO WISH TO PERFORM A VARIETY OF COACHING-RELATED ACTIVITIES.

USERS HEREBY ACKNOWLEDGE THAT TCD DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A COACH'S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED DURING THE SESSIONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the TCD Platform to a Coach being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Coach has completed a relevant account registration process and met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TCD of such Coach's skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Coaches whom they select, interact, or contract with via the TCD Platform.

The TCD Platform enables connections between Users for the fulfillment of Sessions. TCD is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Sessions, Coaches, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. TCD makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Sessions requested or services provided by, or the communications of or between, Users identified through the TCD Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

2. Coach Background Checks and User Representations and Warranties

Coach Background Checks

Coaches will be subject to a review process before they can register for and during their use of the TCD Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although TCD may perform Background Checks, TCD cannot confirm that any User is who they claim to be, and TCD cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. TCD will not be liable for any false or misleading statements made by Users of the TCD Platform.

NEITHER TCD, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TCD PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TCD AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TCD PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy applicable to the country where the Task is performed;
Sessions shall only be performed in a country where the TCD Platform has a presence.
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Session or any interaction by or with any User and/or TCD in connection with the TCD Platform without the prior written consent of TCD and/or the relevant User, as applicable;
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Coach or Client as the case may be, and only utilize the third party payment service provider specified or approved by TCD to make or receive payment for services provided through the TCD Platform ( the “PSP” );
You will act professionally and responsibly in your interactions with other Users;
You will use your real name or business name on your profile;
When using or accessing the TCD Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
You will not use the TCD Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Section with the TCD Platform, including without limitation, if you are using or will or intend to use the TCD Platform for any journalistic, academic, investigative, or unlawful purpose.• Other than as fully and promptly disclosed in writing to TCD, you do not have any motivation, status, or interest that TCD may reasonably wish to know about in conn

Coaches additionally represent and warrant that:

When using the TCD Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the TCD Platform, and maintain an independent clientele;
You have the unrestricted right to work in the jurisdiction in which you will be performing Sessions;
If the Session is conducted in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Sessions (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Session you are conducting);
You have any and all insurance required to operate your business and provide your services;
You will use your real name or business name and an up-to-date photo on your profile;
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; conducting the Sessions as agreed upon with your Client; and providing timely, high-quality services to your Clients;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

3. Contract between Clients and Coaches

You acknowledge and agree that a legally binding contract with another User (the “ Service Agreement ” ) is formed when you and that User agree on the terms of a Session. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the TCD Platform, and any other contractual terms accepted by both the Coach and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand TCD obligations or restrict TCD's rights under this Agreement. TCD is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between TCD and the Tasker, nor will it create an employment relationship between the Client and the Coach. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of TCD.

The Client shall pay their Coach in full for all services via the PSP as indicated on the TCD Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Session.

4. Billing and Payment

Users of the TCD Platform contract for Sessions directly with other Users. TCD will not be a party to any contracts for Sessions or services. Client, and not TCD, is responsible for payment for all services through the TCD Platform. Such payment must be made via the PSP. TCD is not obligated to compensate Coach for Client’s failure to pay for services.

The Session Payment, service charge, and Trust & Support fee must be paid through the PSP. Clients on the TCD Platform will be required to provide their payment method details to TCD and the PSP. Taskers are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Session is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Session (the “Invoice(s)” ), which will include (a) the pricing terms of the Session provided by the Coach and agreed upon by the parties ( “Session Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Coach in connection with the Session, (c) the service charge TCD assesses to the Client for access to and information regarding Coaches, and (d) the Trust & Support Fee TCD assesses to the Client for customer support, and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Coach. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Session individually, or Sessions in the aggregate over a 30-day period, exceed $300. Taskers will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.

Coaches will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Coach agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement (the “PSP Services Agreement” ). Please note that TCD is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that TCD has no obligations, responsibility or liability to any Coach or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, TCD and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Session and expenses.

When Client receives confirmation through the TCD Platform or via email that a Session has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Coach's hourly rate through the PSP if you book a Session, but cancel it before the scheduled time for performance.

TCD reserves the right (but not the obligation) upon request from Client or Coach, or upon notice of any potential fraud, unauthorized charges or other misuse of the TCD Platform, to place on hold any Session Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.

Users of the TCD Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Task is performed) required to be collected and/or paid on the Session and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that TCD may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

LATEST PROJECTS

Terms & Conditions