1. Introduction
These terms and conditions (“Terms”) set out the terms and conditions of the contract through which Business Coach Directory Ltd with company number 12614140 and registered address 4 Cromwell Court, New Street, Aylesbury, England HP20 2PB, trading as Business Coach Directory (“BCD”, “us”, “we”) will deliver services to you as a member of BCD (“you” or “BCD Member”). In order to be a BCD Member, you must agree to these Terms, our Cookie Policy and our Privacy Policy; which sets out how we handle any personal data you share with us.
We may amend these Terms and Privacy Policy at any time by publication on our website.
2. Membership contract
By signing up for or renewing your membership you are agreeing to be bound by these Terms.
You will receive an email confirmation once your membership registration and payment has come through at which point you will be a BCD Member.
Membership is renewed annually or monthly, depending on your selection on registration, on a rolling basis.
You may not transfer any of your rights or obligations under these Terms to another person.
3. Membership categories
There are three types of BCD Members:
3.1 Coach in Training Member (“CITM”)
Anyone interested in coaching is eligible for Trainee BCD Membership subject to confirmation by us. No formal training qualifications are required.
The CITM directory listing will provide details about you, including your contact details and trainee designation.
3.2 Verified BCD Membership (“VBM”)
In order to be eligible for the Verified BCD Membership you must hold formal coaching qualifications and/or accreditations.
In the event that in the sole discretion of BCD you do not hold the qualification and/or accreditations required for VBM, BCD may cancel your BCD membership in accordance with clause 6.
The VBM directory listing will provide details about you, including:
- your contact details
- your verified status
- your qualifications
- access to an appointment booking service
- a list of your session types
- provision of social media links
As a VBM you are allowed to publish an article a month to the BCD website community.
3.3 Premium BCD Member (“PBM”)
In order to be eligible for the Premium BCD Membership, you must hold formal coaching qualifications and/or accreditations.
In the event that in the sole discretion of BCD you do not hold the qualification and/or accreditations required for PBM, BCD may cancel your PBM membership in accordance with clause 6.
The VBM directory listing will provide details about you, including:
- your contact details
- your verified status
- your qualifications
- access to an appointment booking service
- a list of your session types
- provision of social media links
As a PBM you are allowed to publish five articles a month to the BCD website community, have access to discretionary partner discounts and be periodically featured in the featured coach area of the BCD website.
4. Membership types and fees
The BCD membership structure may be developed, and we reserve the right to introduce new membership types, amend eligibility requirements and amend and introduce new benefits.
Membership of BCD is subject to and conditional on the payment of membership fees.
Membership fees will be paid through reoccurring card payments. The Members’ fee rates are as set out in your initial registration form. Any changes to the Members’ fees will be assessed on an ongoing basis and members will be notified of any changes at least fourteen days before their membership renewal is due.
5. Cancellation
If you wish to cancel your membership and get a refund of your membership fee, you may do so by sending us a cancellation notice at any time by either: a) completing the cancellation form online or b). sending your request for a refund by email to membership@businesscoachdirectory.com, in either case a “Cancellation Notice”.
Provided your Cancellation Notice is received fourteen days prior to the renewal of your membership you will not be charged any additional membership fees.
Where you have entered into an annual membership, you will be refunded a pro rata amount for the unexpired period remaining on your annual membership following the receipt of your Cancellation Notice.
6. Cancellation by BCD
Where at its sole discretion following payment by you of the membership fees, BCD does not accept you as a member you will receive a full refund for the fees paid.
Where at its sole discretion BCD exercises its right to immediately cancel your membership and terminate the agreement between us following prior acceptance of you as a member, BCD will refund you pro rate for any prepaid membership fees for the residual term of membership.
7. Changing membership Terms
We may change these Terms at any time on publication on the BCD website (“New Terms”). Whilst the New Terms will be effective on publication, we will use reasonable efforts to send you written notification of such changes. If you no longer wish to be a BCM Member subject to the New Terms you must follow the cancellation process set out in clause 6 up to which point the New Terms will apply to you
8. Privacy Policy
Our Privacy Policy is available at:
https://businesscoachdirectory.com/privacy-policy
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
9. Permitted use of BCD website
The BCD website is only for your use as a professional coach, other access to and use of the BCD website is strictly prohibited.
In particular, you are not permitted to use the BCD website:
- in any unlawful or fraudulent way;
- to create, update, modify or amend another person’s records;
to tamper with, modify, reverse engineer or amend any part of the BCD website; - with any automated software, process, program, robot, web crawler, spider, data mining, trawling or other “screen scraping” software, process, program or system.
- post, transmit or make available in any way through the BCD website any software or other materials which contain a computer virus, Trojan horse, time bomb, worm or other rogue programming (‘Rogue Programming’). BCD has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the BCD website is at your own risk, and you are advised to take adequate precautions to minimise any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
10. Guidelines for online communication through the BCD website
BCD Member communication through the BCD website (“Online Communications”) is subject to our sole discretion and clause 3. BCD Members must comply with the following rules in order to make Online Communications:
- Any content to be uploaded must be consistent with BCD’s guidelines which can be found at: https://businesscoachdirectory.com/support/community-guidelines/
- Your full name and where relevant your company will appear on your posts and replies.
- You will not:
- harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, racist, profane, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
- reference sites that knowingly violate intellectual property rights;
- use any other unlawful material; or
- make Online Communications in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems
BCD accepts no legal responsibility for facts stated or opinions expressed in Online Communications and does not endorse any material generated by such Online Communications. It is the responsibility of BCD Members to satisfy themselves as to which facts and opinions should be relied on in any way whatsoever.
To the extent lawfully possible BCD accepts no liability for any reliance placed by any person on any fact or opinion expressed in Online Communications.
We reserve the right, but have no obligation, to review or monitor any Online Communications. We are not responsible or liable for the review or monitoring of any Online Communications.
We reserve the right to close, delete, edit, refuse to post, amend, modify or remove (without notice) any Online Communications at our sole discretion for any reason, including but not limited to Online Communications that in our sole opinion breaches these Terms.
If you consider that any Online Communications breaches these Terms, please email support@businesscoachdirectory.com.
In submitting Online Communications, you grant BCD a royalty-free, unrestricted licence to reproduce and publicly display your user content in any medium and for any purpose, including for commercial purposes.
11. BCD intellectual property
BCD is the proprietor or licensee (‘rightsholder’) of all intellectual property rights in relation to the BCD website and its contents, including but not limited to copyright, trade and brand names, trademarks and get-up. If no permission is given by BCD to the use of any of them, such use may constitute an infringement of the rightsholder’s rights.
All other trademarks, brand names, product names and titles, copyrights and other intellectual property rights used in the BCD website are trademarks, brand names, product names, copyrights or other intellectual property rights of their respective rightsholders. Permission to reproduce such material must be obtained from the relevant rights holders concerned.
12. Disclaimer of warranties
The BCD website and Member service is provided on an ‘as is’ and ‘as available’ basis without warranties or conditions of any kind (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982), either express or implied, including but not limited to warranties of non-infringement or implied warranties of fitness for a particular purpose. BCD does not warrant that any information is complete or accurate, nor that the BCD website will be uninterrupted or error-free nor that any information is free of Rogue Programming.
13. Limitation of damages
Under no circumstances, including negligence, shall BCD be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the BCD membership services or BCD website, including without limitation use of or reliance on information available on the BCD website, interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.
Notwithstanding any other provision of the Terms, neither your or our liability shall be limited in any way in respect of the following: a) death or personal injury caused by negligence; b) fraud or fraudulent misrepresentation; or c) any other losses which cannot be excluded or limited by applicable law
14. Release and indemnity
You hereby release and waive any and all claims and/or liability against BCD arising from or in connection with your use of the BCD website. You also agree to defend, indemnify and hold harmless, BCD from and against, any and all claims of liability, including costs and solicitors’ fees, arising from or in connection with your use of the BCD website, BCD membership or failure to abide by applicable law.
15. Equitable relief
You recognise that any breach or threatened breach of the Terms may cause us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to us, you acknowledge and agree that we are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
16. No partnership or agency
You and we are independent persons and are not partners, principal and agent or employer and employee and the Terms do not establish any joint venture, trust, fiduciary or other relationship between us, other than the contractual relationship expressly provided for in it. Neither you nor we shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
17. General legal terms
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us relating to your access to and use of the BCD website and supersede any prior agreements (including any previous terms of use).
No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
These Terms and your access to and use of the BCD website shall be governed by and interpreted in accordance with English law.
Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of the BCD website (including any claims or disputes).
18. Contact and Complaints
If you have any questions or complaints please get in touch with us at support@businesscoachdirectory.com
Last updated: 11 November 2020
