Welcome to CoachRadar! These Terms of Service (“Terms”) apply to and govern your access to and use of apply to your access to and use of the websites and other online products and services (collectively, our “Services”) provided by CoachRadar Pte. Ltd. (“CoachRadar,” “we,” “us” or “our”).
These Terms apply to all users of the Services, including without limitation users seeking to learn, including but not limited to sports and/or athletic training (or in the case of minors, parents or guardians acting on their behalf), users seeking to to provide coaching services, sellers, buyers, or contributors of content, information and other materials. These Terms do not alter in any way the terms or conditions of any other agreement you may have with CoachRadar for products, services or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to CoachRadar if you breach these Terms.
By accessing or using our Services in any manner, including but not limited to visiting or browsing the Services, you agree to these Terms and the additional terms and conditions and policies referred to herein and/or are available by hyperlink. If you do not agree to these Terms or any of the foregoing, do not access or use our Services.
CoachRadar reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any question regarding the use of our Services, please contact us.
1.Registration and Account
By using our Services, you represent and warrant that you (a) are of legal age and have capacity to agree to these Terms, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer coaching services from more than one CoachRadar account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party or any applicable laws or regulations which you are subject to.
In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify CoachRadar if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You shall not set up multiple accounts, or sell or transfer your account to another person or entity.
By creating a CoachRadar account and providing a phone number and/or email address, you consent to receive calls; text messages; text, voice, video messages via messenger applications or messenger platforms on mobile or the internet to which you have subscribed and whose subscriptions are linked to the phone number or email address you have provided; as well as electronic communications (e.g. via email or by posting notices on our Services) from CoachRadar. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
3.Our Services Offer a Venue
Our Services offers tools, resources and a venue to connect those seeking to learn, including but not limited to sports and/or athletic training (or, in the case of minors, parents or guardians acting on their behalf) (“Students”) with those seeking to provide coaching services (“Coaches”). CoachRadar: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality, timing, legality or any other aspect whatsoever of the services provided by any user or about your interactions or dealings with other users; (d) makes no representations or warranties about the suitability, reliability, timeliness, and accuracy of any information or services provided by by any user, whether in public, private or offline interactions; and (e) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether CoachRadar screens users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services. All lessons to minors should be supervised by a responsible adult.
CoachRadar hereby expressly disclaims, and you hereby expressly discharge CoachRadar from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including but not limited to any acts or omissions of users online or offline and any services (including but not limited to lessons) provided by Coaches booked through the Services. All use of our Services is at your sole and exclusive risk.
4.User Transactions and Discharge
Our Services may be used to help obtain or offer coaching services provided by users and to facilitate payment for such services. However, users transact solely between themselves and CoachRadar is not a party to any transactions between users. CoachRadar hereby expressly disclaims, and you hereby expressly discharge CoachRadar from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users (including but not limited to any acts or omissions of users online or offline and and any services (including but not limited to lessons) provided by Coaches booked through the Services) or third parties.
If you offer coaching services, the first and all future bookings with CoachRadar users must be booked via our Services. Failure to abide by this policy may result in suspension or termination of your access to our Services at CoachRadar’s sole discretion and without prejudice to any other rights or remedies CoachRadar may have under these Terms, at law or otherwise.
We currently do not charge Students a fee to use our Services, including the creation of an account and profile, as well as searching and browsing Coach profiles. Notwithstanding the foregoing, Students are required to pay Coaches for services provided by such Coaches booked through our Services. Our Services may help to facilitate payment for such services.
In consideration for the use of our Services, we charge Coaches a 25% service fee for every confirmed booking. Notwithstanding the foregoing, until 31 December 2018, we charge Coaches a 12.5% service fee for every confirmed booking. The amount of the service fee is calculated from the applicable price that Coaches set for their lesson package offered on CoachRadar’s website (“Package Fee”). CoachRadar will deduct the service fee from the Package Fee before remitting the payout to the Coach. A “confirmed booking” is a booking request made by a Student for a lesson package offered by a Coach on CoachRadar’s website in respect of which the Student has made full payment of the applicable Package Fee on CoachRadar’s website.
5.3.For all users
CoachRadar reserves the right to change the service fees at any time, and will provide users with notice of any fee changes before they become effective.
You are responsible for paying any service fees that you owe to CoachRadar. You acknowledge and agree that any service fees owing to, or received by, CoachRadar are non-refundable.
6.1.Payment and Billing Information
By providing a credit card, debit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
6.2.Pricing and Availability
All prices are shown in Singapore dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
A Student or Coach may cancel a booking only before payment of the Package Fee is made by the Student in respect of such booking on CoachRadar’s website. The parties acknowledge and agree that once payment of the Package Fee is made by the Student for a booking on CoachRadar’s website, any cancellation, re-scheduling and/or refund shall be a matter to be resolved between the Student and the Coach directly and that CoachRadar shall not be liable for any refund under any circumstances. In any event, the parties acknowledge and agree that any service fee received by CoachRadar shall be non-refundable.
7.Terms specific to Coaches
7.1.When creating a lesson package (including but not limited to pre-scheduled packages and private packages) (“Package”) through CoachRadar’s website, you must (i) provide complete and accurate information about your Package (such as package description, schedule, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by CoachRadar. You are responsible for keeping your Package information up-to-date at all times.
7.2.You are solely responsible for setting a price (including any taxes if applicable) for your Package (“Package Fee”). Once a Student requests a booking of your Package, you may not request that the Student pays a higher price than in the booking request.
7.3.Any terms and conditions included in your Packages must not conflict with these Terms.
7.4.Pictures, animations or videos (collectively, “Images”) used in your account and/or profile on CoachRadar’s website must accurately reflect the quality and condition of your services. CoachRadar reserves the right in its sole discretion to require that your account and/or profile on CoachRadar’s website have a minimum number of Images of a certain format, size and resolution.
7.5.The placement and ranking of your profile and/or Packages on CoachRadar’s website may vary and depend on a variety of factors, including but not limited to Student search parameters, price, location, reviews and ratings. CoachRadar reserves the right in its sole discretion to determine the placement and ranking of your profile and/or Packages on CoachRadar’s website.
7.6.When you accept a booking request by a Student and the Student has made payment of the Package Fee for such booking through CoachRadar’s website, you are entering into a legally binding agreement with the Student and are required to provide your services to the Student as described in your Package when the booking request is made. You also agree to pay the applicable service fee to CoachRadar.
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the CoachRadar logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of CoachRadar or our licensors or users, as applicable, and are protected by Singapore and international intellectual property laws. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services and Service Materials. Such license is revocable at any time (with or without cause) and does not include any right to: (a) sell or re-sell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by CoachRadar in writing; or (g) use our Services or the Service Materials in breach of these Terms or for any purposes other than their intended purposes.
Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of CoachRadar, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by CoachRadar or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
“CoachRadar”, the CoachRadar logos and any other product or service name or slogan contained on our Services are trademarks of CoachRadar and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of CoachRadar or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing “CoachRadar” or any other name, trademark or product or service name of CoachRadar without CoachRadar’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CoachRadar and may not be copied, imitated or used, in whole or in part, without CoachRadar’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CoachRadar.
10.Reporting of Unauthorised Content
CoachRadar respects the intellectual property rights of others and we expect the same of our users. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. CoachRadar reserves the right to suspend or terminate your account and/or your access to the Services if there are complaint(s) against you of intellectual property infringement.
If you believe that anything on our Services infringes any intellectual property rights that you own or control, please notify us at firstname.lastname@example.org.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and legal fees, incurred by CoachRadar or the alleged infringer as the result of CoachRadar’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). CoachRadar does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that CoachRadar is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by CoachRadar of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. CoachRadar is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that CoachRadar’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
Our Services allow you or other users to create, upload, post, transmit, publish, share or store text, photos, videos and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
CoachRadar does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content.You are solely responsible for your use of our Services and use them at your own risk.
CoachRadar may enable you to post ratings or reviews of Coaches, service providers and/or their products or services on CoachRadar’s website (your “Reviews”). Reviews are considered User Content. You may not post any reviews about a Coach, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the Coach and/or service provider; (b) an employee, contractor, officer or director of a competitor of the Coach and/or service provider; or (c) related to the Coach and/or service provider in any way, including blood, adoption or by marriage. By posting a Review, you acknowledge and agree that such User Content complies with these Terms and:
You agree not to post or provide any User Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
You further agree that we may use the posted or provided User Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any User Content submitted by you or others. We cannot and do not guarantee that we will post all User Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any User Content for any reason, we have no obligation to delete User Content that you personally may find objectionable or offensive. We do not control in real time the User Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such User Content. In addition to other disclaimers found in these Terms, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any User Content posted on the Website.
13.Rights to User Content
CoachRadar claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and CoachRadar. However, if you submit or post User Content to our Services, you grant CoachRadar a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with CoachRadar’s marketing and promotional activities. You further grant CoachRadar and CoachRadar’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services and to grant the license on the terms stated above to CoachRadar in respect of such User Content; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or right(s) of any third party.
You can submit comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or CoachRadar (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of CoachRadar. CoachRadar will own, and you hereby assign to CoachRadar, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and CoachRadar will be entitled to the unrestricted use and dissemination of CoachRadar for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by CoachRadar to confirm such assignment to CoachRadar. You agree that you will not submit to CoachRadar any Feedback that you consider to be confidential or proprietary.
15.Acceptable Use of Our Services
You shall not violate any law, regulation, contract, intellectual property or other third-party right or commit any tort in connection with your access or use of the Services. You are solely responsible for your conduct while accessing or using our Services. You shall not:
In the event of breach of any of the terms in this provision, CoachRadar may, at its sole discretion and without prejudice to any other rights or remedies CoachRadar may have under these Terms, at law or otherwise, suspend or terminate your access to our Services.
CoachRadar does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that CoachRadar and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You shall defend, indemnify and hold harmless CoachRadar, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “CoachRadar Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content you provide; (c) your breach of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your breach of any statutory requirement, duty or law; or (f) your conduct in connection with our Services.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
CoachRadar does not represent or warrant that: (a) the Services are accurate, complete, reliable, secure, timely, uninterrupted or error-free or that the Services will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and CoachRadar’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). CoachRadar is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from CoachRadar or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that CoachRadar has no obligation to support or maintain the Services.
CoachRadar disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to User Content or third party content and services. CoachRadar is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
20.Limitation of Liability
You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the Services.
CoachRadar and the other CoachRadar Parties will not be liable to you, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, arising out of or in connection with your access or use of or inability to access or use the Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the Services, whether or not the damages were foreseeable and whether or not CoachRadar or the other CoachRadar Parties was advised of the possibility of such damages.
Without limit the generality of the foregoing, the total liability of CoachRadar and the other CoachRadar Parties for any claim arising out of or relating to these Terms or our Services (whether under contract, tort, statute or otherwise) shall not exceed the the amount of fees received by CoachRadar in respect of the Services giving rise to such claims. The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
21.Modifications to Our Services
CoachRadar reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that CoachRadar will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
CoachRadar makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website or Services are appropriate or available for use in other locations. Accessing the Website from territories where the website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
CoachRadar reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent your future access to and use of our Services.
Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and CoachRadar.
These Terms constitute the entire agreement between you and CoachRadar relating to your access to and use of our Services and supersedes all other prior or contemporaneous understandings and/or agreements between you and CoachRadar.
If any term, clause or provision of these Terms is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of these Terms will remain valid and enforceable.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of CoachRadar.
No waiver of any provision of these Terms by CoachRadar will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and CoachRadar’s failure or delay to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
These Terms and your use of our Services will be governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction over any dispute, action or proceeding arising out of these Terms.
Last Updated: 25 July 2018