terms & conditions
1. The Terms and Conditions
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our texting service which Life Coaching will be provided (collectively the “Platform”). The Serivce be provided or be accessible via our website and messaging by us or by third parties, including, without limitation, the website Textacoach.
By accessing or using the Service you are entering into this Agreement. You should read this Agreement carefully before starting to use the Service. If you do not agree to be bound to any term of this Agreement, you must not access the Service.
When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).
2. The Life Coaching Service.
The website be used to connect you with a Life Coach who send you a conformation text message, introduce themselves and tell you a bit about the service.
We require every Life Coach on the platform to be accredited, trained, and experienced licensed Life Coach Practitioner.
The Life Coaches are independent providers who are neither our employees nor agents nor representatives with the exception of the CEO of the company. The Platform’s role is limited to enabling the Life Coaching service while the Life Coaching services themselves are the responsibility of the Life Coach who provides them. If you feel the Life Coaching service provided by the Life Coaching do not fit your needs or expectations, you may contact us directly and/or speak with your assigned Life Coach.
While we hope the Life Coaching services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (999 in the UK) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SERVICE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE LIFE COACHES CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING/LIFE COACHING OR EMOTIONAL SERVICE IT IS ALSO NOT INTENDED FOR ANY INFORMATION
REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICE.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICE.
3. Privacy and Security
4. Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE LIFE COACHING SERVICE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY LIFE COACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Any advice given by the Life Coaches are purely advice and not something that you should/must act on if you do not want to. The Life Coaches will purely give their views and options on the matter and are not liable of any actions that you decide to take thereafter.
The Life Coaches have a maximum window of 2 hours to respond to all text messages and operate between the hours of 12pm – 10pm Monday – Sunday any messages sent outside of these hours will not be picked up or responded to until the following day.
The service is, £96 per month to be paid on a monthly basis for full access to the service.
5. Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the service and via text messaging with your assigned Life Coach, and the information that you will provide in or through the service in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. We advise you to change your password frequently and only disclose this password to your assigned Life Coach before the start of each day before any messages are exchanged before the start of each conversation.
You agree to notify us immediately of any unauthorized use of your phone access or any other concern for breach of your security. e.g. phone lost or stolen.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access/Mobile Messaging by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account/ texting service of any other person for any reason.
You agree and confirm that your use of the service including the Life Coaching services, are for your own personal use only and that you are not using the service or the Life Coaching services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the service/messaging for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the service and your relationship with the Life Coaches and us.
If you receive any file from us or from a Life Coach, whether through the website/messaging or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable soliciting fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Service; (b) any actions made with your account or Account Access/messaging whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Life Coaching Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct and will make the relevant payment via the STRIPE account and before exchanging messages with your assigned Life Coach. Please keep your STRIPE account log in details private and do not disclose with anybody including your assigned Life Coach.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Service. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, resolving any issues with your assigned Life Coach, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
6. Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Texting Service, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Services reliability and accessibility, you understand and agree that no service can be 100% reliable and accessible and so we cannot guarantee that access to the Service will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding this agreement or any aspect of the Service, by email to the email address that we have on record, or via the contact number we will use to communicate with you through. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email.
8. Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the country excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Court of Manchester. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
Last Updated: 8th August 2020.