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Terms and Conditions

Summary

These Terms and Conditions have been created to protect both Coachees and Coaches whilst using Hoolr. They explain what is expected from Coaches when using Hoolr and what is expected from Coachees. The Terms and Conditions illustrate Session Booking and Coach payment through Stripe.  These Terms and Conditions are meant for the individual Coaches and Coachees using Hoolr. Businesses that purchase a license to use Hoolr will be subject to the Terms and Conditions set out in their signed Contract.  This Contract may agree that Clients will pay Coaches through their own mechanisms- in this case sections 6, 9 and 10 will not apply. 

1. Introduction

1.1 Hoolr’s Website helps Coaches manage their coaching activity.

1.2 This Website is owned and operated by Hoolr Education Limited trading as Hoolr. We are a limited liability company registered in Scotland under company number SC598529. Our registered office is at 22 Stafford Street, Edinburgh, Scotland, EH3 7BD. Our other contact details are specified on our Website.

1.3 These terms and conditions cancel and replace any previous versions.

1.4 By registering on or using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.) If you do not wish to be bound by these terms, you should not use the Website.

1.5 Where you communicate on behalf of a company/organisation, you agree that you have authority to act on behalf of that entity.

1.6 Important phrases are defined in clause 16 (Definitions) of these terms and conditions and are capitalised throughout.

2. Hoolr’s Rights & Responsibilities

2.1 To help Coaches and Coachees to meet by allowing Coaches to advertise their professional Coaching services on the Website.

2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible.

2.3 To communicate any planned maintenance of the Website or downtime.

2.4 To use reasonable endeavours to keep the Website free from viruses and worms.

2.5 To use reasonable endeavours to check the identity of all Coaches and the background checks of Coaches.

2.6 To decide when a Coach’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.

2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Coachees and Coaches via the Website, by email, and where possible SMS (except where a Coachee or Coach has chosen to alter their notification settings to exclude email communication).

2.8 To use reasonable endeavours to ensure Complaints are considered promptly and in accordance with these terms and conditions.

2.9 To use reasonable endeavours to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.

2.10 To take precautions we consider reasonable to protect Coachees' and Coaches' information.

2.11 To monitor postings made on the Website and messages sent between Coachees and Coaches. Hoolr do so in the hope of helping Coachees and Coaches meet, but also to stop misuse of the Website, as set out in these terms and conditions.

3. User Responsibilities

3.1 Users are responsible for their own security in conjunction with our services, both online and offline.

3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.

3.3 Users must immediately report to Hoolr any defamatory, offensive or illegal material they view on our Website.

3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Hoolr cannot guarantee that all of the content on the Website is complete, accurate or up-to-date.

3.5 Users are responsible for their own internet security when using the Website.

3.6 Users must contact Hoolr immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Hoolr that they believe their password has been compromised.

3.7 Users must not use the Website with the intention of disintermediating Hoolr in any way. Users must not promote opportunities or services of any company other than Hoolr on the Website.

3.8 Users agree to abide by the Privacy Policy provided through the Website.

3.9 Any User who fails, in Hoolr’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Hoolr reserves the right to cancel any existing bookings in such circumstances.

4. Coachee Responsibilities

4.1 Hoolr takes no responsibility for the acts or omissions of Coachees or Coaches and is solely responsible for its own acts or omissions.

4.2 Coachees must be at least 18 years old to book a Coach for themselves. Coachees under the age of 18 must be represented by a parent or legal guardian or school who gives consent for them to receive tuition. Hoolr is not responsible for any dispute regarding parental consent.

4.3 Coachees must ensure that all of their personal details and contact information are accurate and up-to-date.

4.4 By confirming their Booking for their first Session with a Coach, the Coachee authorises the Coach to make further Bookings on their behalf and authorises Hoolr to deduct the scheduled Coaching minutes from the Coachee account.

4.5  When a Booking is confirmed, Coachees enter directly into a contract with the Coach for the provision of Sessions and Hoolr accepts no liability in relation to the Coach’s provision of Sessions.

4.6 Before a confirmed Booking exists, Coachees must ensure that they have sufficient funds to cover the Booking.

4.7 Coachees must use their own judgement about the services of Coaches detailed on the Website. Although we undertake certain checks to assess the suitability of each Coach prior to setting their profile live on the Website, Coachees are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Coach with whom they confirm a Booking.

4.8 Coachees are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Session. No refunds will be made in the event that Coachees are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Hoolr failing to provide the services outlined in cause 2.2 of these terms and conditions.

4.9 Any Coachee who fails, in Hoolr’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Hoolr reserves the right to cancel any existing Bookings in such circumstances.

5. Coach Responsibilities

5.1 Coaches are not employees of Hoolr and are solely responsible for their own actions both on and off the Website.

5.2 Coaches must be at least 18 years old.

5.3 If Coaches contact Coachees who are under 18, they must ensure that these Coachees are represented by a parent or legal guardian who gives consent for the Coachee to receive tuition.

5.4 Coaches are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.

5.5 Coaches must disclose any criminal convictions or cautions they may have to Hoolr, including any criminal convictions or cautions received at any time after having registered a Coach account on the Website and for as long as the Coach remains registered.

5.6 Coaches must use their own judgement about whether they wish to offer their services to each individual Coachee. Coaches must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.

5.7 Coaches are paid at an agreed rate.

5.8 Coaches agree that they will be ranked on the Website based on a mixture of profile data, Coachee ratings and number of Sessions taught. Hoolr reserves the right to change the way Coaches are ranked at any time.

5.9 Coaches should make Bookings for Sessions and respond to messages received from Hoolr and Users promptly.

5.10 For any Session given to a Coachee found via Hoolr’s Website, Coaches must make a Booking using the Website. Coaches agree not to solicit Coachees or disintermediate Hoolr, or attempt to solicit Coachees or disintermediate Hoolr, in any way, at the time of booking any Session with any Coachee, during any period of confirmed Bookings with any Coachee or at any time within six months of the date of the most recent Booking with the relevant Coachee (the "Coach Restriction Period") and that, save that where Hoolr has barred the Coach or Coachee, all future Sessions within the Coach Restriction Period with a Coachee found through the Website will be booked through Hoolr.

5.11 Coaches must only make Bookings for Sessions in accordance with the instructions of their Coachees. If Coaches make Bookings for additional Sessions which they fail to deliver, they will be liable to refund to the Coachee directly any Coach Fee they have received for any such Bookings.

5.12 Coaches shall indemnify Hoolr for all claims and liabilities arising out of any use by the Coach of the Website, including any costs and expenses incurred.

5.13 Coaches are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Session. Coaches will be liable to refund any fees received for an Online Session in the event that they are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Hoolr failing to provide the services outlined in clause 2.2 of these terms and conditions.

5.14 Any Coach who, in Hoolr opinion (which need not be reasonable), fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Hoolr reserves the right to cancel any existing Bookings at any time in such circumstances.

6. Payment

6.1 Coaches authorise Hoolr to instruct Stripe to charge their credit/debit card from the beginning of each week/month dependent on payment plan.

6.2 Payment processing services on Hoolr’s Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Coach on Hoolr’s Website, Coaches agree to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Coaches agree to provide Hoolr with accurate and complete information about themselves and, where relevant, their business, and each Coach authorises Hoolr to share with Stripe such information and transaction information related to Coaches' use of the payment processing services provided by Stripe.

7. Cancellations

7.1 A Coachee may cancel a Booking at any point before the scheduled start time of a Session.

7.2 Coachees must cancel a Session by cancelling the relevant Booking on the Website. Cancellations made through direct contact with the Coach, such as by text or phone, and not through the Website, may result in charges still being made to a Coachee’s account.

7.3 Bookings cancelled by a Coachee less than 12 hours before a Session is due to commence may incur a deduction in Session Time.

7.4 Coaches may cancel a Booking at any time prior to a Session taking place. To do so, Coaches must inform the Coachee directly via the Website and cancel the Booking on the Website.

7.5 Bookings cannot be cancelled after the Session has started.

8. Missed Sessions and Complaints

8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Coachee to seek a refund as a result of the service provided by the Coach, including, but not limited to, a Missed Session (where the Coach did not attend a Session booked on the Website) or a claim against quality (where the Coachee feels that the service provided by a Coach falls below the standards they reasonably expected).

8.2 A Coachee should inform Hoolr of a Complaint by either phone or email within 24 hours of the scheduled finish time of the relevant Session.

8.3 When a Coachee informs Hoolr of a Complaint within 24 hours of the scheduled finish time of the relevant Session, Hoolr will contact the Coach within 24 hours after such a Complaint has been received, by email and text message to inform the Coach that a Complaint has been raised.

8.4 Should a Coachee inform Hoole of a Complaint within 24 hours of the scheduled finish time of the relevant Session, Coaches have 24 hours to inform Hoolr through the Website of their desire to dispute the Complaint.

8.5 Should a Coachee inform Hoolr of a Complaint more than 24 hours after the scheduled finish time of the relevant Session, Coaches have 24 hours to inform Hoolr by email or phone of their desire to uphold the Complaint. Should Coaches not contact Hoolr within 24 hours to uphold the Complaint, Hoolr, as the agent of the Coach, will inform the Coachee by email of the Coach’s decision to reject their Complaint and reject the associated refund request.

8.6 Should the Coachee and Coach not reach an amicable agreement regarding a Complaint, the Coachee is entitled to make a claim against the Coach in relation to the Complaint. As set out in clause 8.7, Hoolr accepts no liability in relation to Complaints and the services provided by Coaches.

9. Failed Payments

9.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Session Fee for a Booking, for which Stripe, as instructed by Hoolr, has been unable to make a successful charge against the payment details provided by the Coach.

9.2 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Session, the Coaches authorise Hoolr to automatically instruct Stripe to retry the charge.

9.3 Coaches can also give Hoolr consent by phone, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.

9.4 As the agent of the Coach, Hoolr reserves the right to protect Coaches from further loss of earnings by cancelling Sessions and their associated Bookings at any point with Coachees who have an outstanding Failed Payment (including for Coachees who have an outstanding Failed Payment for a Booking with another Coach).

9.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Session, Hoolr will cancel all of the Coaches’ further Bookings and inform the Coach by SMS that Stripe has been unable to collect payment on their behalf. 

9.6 Coaches accept that Hoolr reserves the right to pass bad debts for Hoolr’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.

9.7 Hoolr will not be liable to the Coach for any lost earnings resulting from any Failed Payment.

10. Disclaimers and Limitation of Liability

10.1 Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

10.2 All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.

10.3 If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

  • such loss or damage was not reasonably foreseeable by both parties; or

  • such loss or damage is caused by you, for example by not complying with these terms and conditions.

10.4 If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our Website (subject of course to our obligation to mitigate any losses).

10.5 The following clauses apply only if you are not a consumer:

  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.

  • In no event (including our own negligence) will we be liable for any:

  • economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

  • loss of goodwill or reputation;

  • special, indirect or consequential losses; or

  • damage to or loss of data (even if we have been advised of the possibility of such losses).

  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of these terms and conditions.

  • These terms and conditions constitute the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.

11. Intellectual Property

11.1 When submitting material to Hoolr, Coachees and Coaches also grant to Hoolr a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.

12. Changes to these terms and conditions

14.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised terms and conditions if you continue to use our Website or the services following the effective date shown.

13. Governing Law & Jurisdiction

13.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with Scottish law and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of Scotland.

13.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

14. Definitions

14.1 “Booking” means the booking attached to an individual Session on the Website.

14.2 “Complaint” means a claim by a Coachee that either the service provided by a Coach falls below the standards the Coachee expected of a Coach introduced by Hoolr, or, that there was a Missed Session.

14.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with our Website.

14.4 “Failed Payment” means an outstanding Session Fee for a Booking, for which Stripe, as instructed by Hoolr, has been unable to make a successful charge against the payment details provided by the Coachee.

14.5 “Session” means, unless otherwise specified, a one-to-one tuition Session between a Coachee and a Coach, including both in-person and online sessions.

14.6 “Missed Session” means a claim by a Coachee that they have not received a Session with a Booking on the Website.

14.7 “Online Classroom” means Hoolr’s own online Session space which is made available to Users at the time of booked Online Sessions.

14.8 “Online Session” means a one-to-one tuition Session between a Coachee and a Coach delivered through Hoolr’s Online Classroom.

14.9 “Review” means any review, comment or rating.

14.10 “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.

14.11 “Coachee” means a User who has registered a Coachee account on the Website. The Coachee must be at least 18 years old. Where the learner is under 18 years old, the Coachee will be their parent or guardian.

14.12 “Coachee Restriction Period” means, as defined in clause 4.9, being at the time of booking any Coach, during any period of confirmed Bookings with any Coach or at any time within six months of the date of the most recent Booking with the relevant Coach.

14.13 “Coach” means a User who has registered a Coach account on the Website.

14.14 “Coach Fee” means as defined in clause 6.3.

14.15 “Coach Restriction Period” means, as defined in clause 5.13, being at the time of booking any Session with any Coachee, during any period of confirmed Bookings with any Coachee or at any time within six months of the date of the most recent Booking with the relevant Coachee.

14.16 “Hoolr” means the company Hoolr Education Limited (company no. SC598529) trading as Hoolr with its registered office address at 22 Stafford Street, Edinburgh, Scotland, EH3 7BD. Any reference to ‘we’, ‘us’ or ‘our’ refers to the company Hoolr Education Limited.

14.17 “User” means a person who uses our Website (whether or not they have registered an account with us).

14.18 “Website” means the website on the domain https://www.hoolrcoaching.co.uk or https://hoolrcoaching.com or https:www.hoolr.com or any corresponding sub domains.