General Terms and Conditions
1. The General Terms and Conditions
The following are the General Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which consultations may be provided (collectively the “Platform”). This website is owned and operated by OCEANYA LTD. (the “Company”) located at 15A Main Street, Blackrock POD 2, The Old Station House A94 T8P8 Dublin, Ireland (firstname.lastname@example.org). Our Platform may be available through various websites or applications that are either owned and/or operated by us or by third parties, such as the website www.meetcoach.com and its associated apps.
Access to or use of the Platform constitutes your acceptance of this Agreement. Before using the Platform, you should carefully read this Agreement. It is not advisable for you to access the Platform if you do not agree to any of the terms of this Agreement.
In this Agreement, the terms “we,” “us,” or “our” pertain to the Company that owns and operates the Platform.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 6.
2. The Coaches and Consultation Services
The Platform may be used to connect you with a consultant (the “Coach”, “Coaches”) who will provide services to you through the Platform (referred to as “Consultation Services”).
For Coaches based Inside the U.S.
We mandate that all Coaches possess relevant qualifications and experience to ensure the provision of high-quality Consultation Services on our Platform. Specifically, all Coaches must be registered, trained, and experienced Practitioner Psychologists, Accredited Therapists, or hold similar recognized professional certifications. Coaches must have a relevant academic degree in their field, at least 3 years of experience, and have to be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
For the avoidance of doubt, Coaches are referred to on this site and related apps/sites by their title and U.S. or U.K. credentials, whichever is applicable.
For all Coaches
Coaches on our Platform have the option to upload certifications and documents that serve as proof of their accreditation, professional experience, and qualifications. This information will be made available on the Platform and can be viewed by prospective clients or users for reference purposes.
The Coaches providing Consultation Services on the Platform are independent contractors and are not considered our employees, agents, or representatives. Our role is strictly limited to enabling the provision of Consultation Services. The Coaches are solely responsible for the performance of the Consultation Services they provide. If a Coach’s services do not meet your needs or expectations, you may switch to a different Coach who offers services through the Platform.
Please note that while we maintain a large database of Coaches, not all Coaches on our database may be available to you due to varying licensure requirements across jurisdictions. Additionally, availability of Coaches cannot be guaranteed at any given time or for any set period.
In the event that a Coach you have been matched with discontinues their use of the Platform, we will send you an email notification and provide you with the opportunity to select a new Coach.
While we strive to provide beneficial Consultation Services, it is important to note that they may not be suitable for everyone’s needs or every situation. They should not be viewed as a substitute for in-person therapy services, particularly for individuals who require professional, personal, or mental health treatment, such as those who are actively withdrawing from certain substances or experiencing anorexia nervosa. By accessing and using the Platform, you acknowledge and agree that the Consultation Services may not be appropriate for your specific needs and that you assume all risks associated with their use.
IF YOU ARE CONTEMPLATING SUICIDE, CONSIDERING HARM TO YOURSELF OR OTHERS, OR BELIEVE THAT ANOTHER PERSON MAY BE IN DANGER, OR HAVE ANY MEDICAL EMERGENCY, IT IS IMPERATIVE THAT YOU IMMEDIATELY CONTACT YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE APPROPRIATE AUTHORITIES. PLEASE BE ADVISED THAT THE PLATFORM IS NOT INTENDED TO BE USED IN ANY OF THE AFOREMENTIONED SITUATIONS, AND THE COACHES ARE NOT ABLE TO PROVIDE ASSISTANCE IN THESE CIRCUMSTANCES.
PLEASE BE AWARE THAT THE PLATFORM IS NOT INTENDED TO BE USED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. IF YOU REQUIRE ANY OFFICIAL DOCUMENTATION OR APPROVALS, SUCH AS FOR COURT-ORDERED THERAPY OR EMOTIONAL SERVICE DOG CERTIFICATION, YOU SHOULD NOT USE THE PLATFORM. IT IS ALSO IMPORTANT TO NOTE THAT THE PLATFORM IS NOT DESIGNED TO PROVIDE ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENTS MAY BE APPROPRIATE FOR YOUR CONDITION. IF ANY SUCH ADVICE IS PROVIDED THROUGH THE PLATFORM, IT SHOULD BE DISREGARDED.
IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL SHOULD NOT BE DISREGARDED, AVOIDED, OR DELAYED BASED ON ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PLATFORM.
VALIDATION AND VERIFICATION OF UPLOADED DOCUMENTS:
The platform does not assume any responsibility for the validation and verification of any documents uploaded by coaches for the viewing and reference of the platform users. Users of the platform are solely responsible for ensuring the authenticity, accuracy, and completeness of such documents. The platform strongly recommends users to independently verify the authenticity of any uploaded documents by consulting with the relevant department or governing body that issued the document. The platform hereby disclaims any liability for any damages or losses resulting from the use of any documents uploaded to the platform.
MeetCoach.com is a communication platform that connects users seeking online consultation advice with coaches who provide such advice. MeetCoach.com is not THE provider of advice. The opinions and views expressed by coaches through the platform are solely their own and do not represent the views and opinions of MeetCoach.com, its owners, and or its operators. MeetCoach.com does not endorse, warrant, or guarantee the accuracy, completeness, reliability, suitability, or availability of any advice provided by coaches through the platform. The users of MeetCoach.com are solely responsible for any decisions made or actions taken based on advice received through the platform.
3. Privacy and Security
4. Third Party Content
This clause governs the use of the Platform and sets out the terms and conditions under which users may access third party content, products or services through the Platform.
The Platform may include Third Party Content, links to Third Party Content (including links to other websites), or advertisements related to Third Party Content. Such Third Party Content is not created by us, and we assume no responsibility for any Third Party Content, including but not limited to any related products, practices, terms or policies.
By using the Platform, you agree that we will not be liable for any damage or loss caused by any Third Party Content, and that you access Third Party Content at your own risk. You acknowledge that any use of Third Party Content is subject to the terms and conditions of the relevant third party, and that you are solely responsible for reviewing and complying with such terms and conditions.
5. Release and Hold Harmless
BY USING THE CONSULTATION SERVICES OR THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE RELEASING US AND AGREEING TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE, INCLUDING (BUT NOT LIMITED TO) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU ACKNOWLEDGE THAT THE CONSULTATION SERVICES OR THE PLATFORM MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES AND THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, YOU RELEASE US FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO SUCH INFORMATION.
YOU FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS AND REMEDIES THAT YOU MAY HAVE AGAINST US, INCLUDING THOSE ARISING FROM ANY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS RELEASE AND HOLD HARMLESS CLAUSE SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE CONSULTATION SERVICES OR THE PLATFORM.
BY USING 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 PLATFORM IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE PLATFORM WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE SYSTEMS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, ARISING OUT OF YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF WARRANTIES CLAUSE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
In the event that the law applicable to this agreement does not permit the limitation of liability as described above, such limitation shall be adjusted to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
6. Legal Arbitration Agreement
THIS SECTION 6 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
A. By agreeing to the terms of this Arbitration Agreement, you and the Company (“Parties”) acknowledge that any dispute, claim, or controversy arising from or related to (i) this Agreement, including any prior versions thereof, or disputes concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity of this Agreement; and (ii) the use of the Platform or Consultation Services (collectively, “Disputes”), will be resolved through individual arbitration.
This Arbitration Agreement is intended to apply to the resolution of disputes that would otherwise be resolved in a court of law or before a forum other than arbitration. However, disputes specifically exempted below are not subject to arbitration.
All claims submitted to arbitration are subject to the same statutes of limitation that would apply in a court of law.
By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to a trial by jury.
The Parties acknowledge that the Agreement pertains to interstate commerce and hereby agree that any issues concerning the arbitration or enforceability of this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
The arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Consumer Rules”), which can be accessed through the website www.adr.org or through a search engine like Google by entering “AAA Consumer Arbitration Rules.” In case of any conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall prevail.
The following terms and procedures shall be applicable:
- As per the AAA Consumer Rules, the arbitration proceedings shall be heard by a single arbitrator. The arbitrator should either be a member of the bar of the state where the arbitration is taking place or a retired judge from any jurisdiction, having relevant experience in the law that pertains to the dispute.
- With the exception of matters related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall possess exclusive jurisdiction to settle any dispute arising out of or in connection with the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of it, or the Agreement in its entirety. This includes any assertion that this Arbitration Agreement or Agreement, in whole or in part, is null or void.
- In the event that the parties are unable to mutually agree on a venue for the arbitration, the arbitration proceedings shall be held in Dublin, Ireland.
- Each party shall bear the fees of its own legal counsel, subject to any rights or remedies that the party may be entitled to under applicable law. In all cases where required by law, the Company shall be responsible for paying the arbitrator’s fees and any associated arbitration fees. If the applicable law does not mandate that the Company pay all of the arbitrator’s and/or arbitration fees, such fees shall be allocated between the Parties in accordance with the applicable law. Any disputes concerning the Company’s obligation to pay the arbitrator’s and/or arbitration fees, or the allocation of such fees between the Parties, shall be resolved by the arbitrator.
- The arbitrator shall have the power to issue orders, including subpoenas, directing third parties to provide documents or testimony for pre-hearing discovery. Such discovery shall be sufficient to enable each party to prepare their claims and/or defenses, with the understanding that arbitration is intended to be a fast and efficient means of resolving disputes.
- Subject to the provisions of the Class Action Waiver (as defined below), the arbitrator is authorized to grant any remedies that a party is entitled to under applicable law and that would typically be available in a court of law, but is not authorized to grant remedies that would not have been available in a court of law for the claims presented in the arbitration. The arbitrator shall apply the relevant state or federal substantive law, or both, as applicable.
- The parties are allowed to file a motion to dismiss and/or a motion for summary judgment, and the arbitrator shall apply the same standards as those used in the Federal Rules of Civil Procedure for such motions.
- The decision or award of the arbitrator shall be presented in writing, including the findings of fact and conclusions of law. The judgment upon the decision or award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- In connection with an arbitrable controversy, a party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in accordance with applicable law. Such application for relief will not be considered a waiver of or incompatible with this Arbitration Agreement. The court considering the application may review the merits of the arbitrable controversy to the extent necessary to make its ruling, but only as permitted by applicable law. However, all final relief determinations will be made through arbitration.
In the event that the American Arbitration Association (“AAA”) is unwilling or unable to administer the arbitration, either party may petition a court of competent jurisdiction with authority over the location where the arbitration is to take place for the appointment of a neutral arbitrator.
Notwithstanding anything to the contrary in this Arbitration Agreement, it shall not prohibit any government agency from investigating any report, claim, or charge covered by this Agreement. Furthermore, this Arbitration Agreement shall not impede federal administrative agencies from adjudicating claims and awarding remedies based on those claims, regardless of whether such claims would typically be covered by arbitration. Additionally, this Arbitration Agreement shall not preclude or excuse any party from complying with any conditions precedent or exhausting administrative remedies required by law before initiating arbitration proceedings.
B. Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”): Both parties agree to waive their right to bring any dispute, claim, or controversy as a class, collective, and/or other representative action as permitted by applicable law. The arbitrator will not have the authority to hear or arbitrate any such class, collective, or other representative action. Furthermore, you waive the right to receive notice of any class, collective, or other representative action that may be filed. If there is any claim that all or part of this Class Action Waiver is unenforceable, it must be determined by a court of competent jurisdiction and not by an arbitrator. In the event that the dispute is filed as a class, collective, or other representative action and there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration, but the class, collective, or other representative action must be litigated in a civil court of competent jurisdiction. This provision applies even if the AAA Consumer Rules or any other clause contained in this Arbitration Agreement states otherwise.
C. In the event that 25 or more arbitration demands of a similar nature are filed against the Company, and presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that such filings will constitute a “Mass Arbitration,” subject to the extent permitted by applicable law. The following terms and procedures shall apply to the Mass Arbitration to increase efficiency of resolution:
- The parties shall work together to categorize the arbitration demands into randomized batches with a limit of 100 demands per batch. In case there are less than 100 demands remaining after the aforementioned grouping, the final batch shall contain the remaining demands.
- The counsel of the claimants shall arrange and submit the batched demands to the arbitration provider in a manner instructed by the arbitration provider.
- Each batch of demands shall be treated as a single case by the arbitration provider, with one demand for arbitration, one appointed arbitrator, and one set of administrative documents, administrative and filing fees per batch.
- Each batch of demands shall have a separate arbitrator appointed and will be subject to administrative and filing fees.
The Parties hereby agree that arbitration demands shall be considered of a “similar nature” if they arise out of or relate to a similar factual scenario, raise the same or similar legal issues, and seek the same or similar relief. The Parties further agree to cooperate in good faith with the Company and the arbitration provider in implementing a batch approach to resolution and fees for such similar arbitration demands.
In the event of any disagreement over the applicability of the batch arbitration process, the dispute shall be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator, subject to the requirements of this section.
Notwithstanding any provision in the Agreement to the contrary, all batch arbitrations shall take place in Dublin, Ireland.
D. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), or as provided by an Act of Congress are excluded from the coverage of this Arbitration Agreement.
E. Prior to initiating arbitration, the Parties may first attempt to resolve any disputes informally for a period of 30 days, unless mutually extended. The informal negotiations shall begin upon receipt of a written notice from one Party to the other, referred to as the “Notice of Dispute.” The Notice of Dispute must: (i) include the full name and contact information of the complaining Party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to the following address: OCEANYA LTD., 15A Main Street, Blackrock POD 2, The Old Station House A94 T8P8 Dublin, Ireland.
All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
F. Third-Party Arbitration Agreement. This Arbitration Agreement shall be binding and enforceable upon any third party, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform or Consultation Services. In the event that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
G. Opt-Out Provision. You have the right to opt out of this Arbitration Agreement and Class Action Waiver within 30 days of your first access or use of the Platform. To opt out, you must send written notice of your decision to opt-out to email@example.com with the subject line “Arbitration Opt-Out,” and state that you are opting out of the Arbitration Agreement and Class Action Waiver, and provide your name and address. If you opt out within the 30-day period, neither you nor MeetCoach.com will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Members who accessed the Platform before October 23, 2023, will also have the option to opt out within 30 days of that date. Failure to opt out within the 30-day period will result in you and MeetCoach.com being bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice regarding this Arbitration Agreement and Class Action Waiver.
H. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect and survive the termination or expiration of the Parties’ relationship, and shall continue to govern any disputes arising out of or relating to the Parties’ relationship, use of the Platform or Consultation Services, notwithstanding any termination or expiration of the Agreement or any other agreement between the Parties.
7. Offering Subscriptions and Recurring Payments
By choosing a recurring Membership Service, you acknowledge and agree that your membership subscription will automatically renew until you cancel your subscription. We offer various subscription options that include billing on a weekly and monthly basis. By signing up for a paid membership, you accept responsibility for all recurring charges prior to cancellation. You understand and acknowledge that these services have a recurring payment, and you authorize us to charge your payment method on file for each renewal period. Also, You may cancel your membership subscription at any time, and cancellation will be effective at the end of the then-current billing period.
You have the right to cancel your subscription to the offering at any time, for any reason. To avoid being charged for the next billing cycle, you must cancel your subscription before it renews. In the absence of instructions to the contrary from MeetCoach.com, any Tokens that you have accrued but not used during a billing cycle will either roll over to the next billing cycle or be eligible for use after the conclusion of that billing cycle. For example, if you start your subscription on May 1 and only use 200 out of 250 Tokens for that billing cycle, the remaining 50 Tokens will be rolled over into June, and you will have 50 Tokens available for use in June.
The company reserves the right to modify its subscription plans or adjust the prices of its services at any time. In the event of such changes, you will receive proper notice before any modifications to your membership services take effect.
Free Trials Clause: From time to time, MeetCoach.com may offer free trials for its Consultation Services. At the end of the free trial period, unless you cancel your subscription in accordance with the cancellation policy, the paid Consultation Services will automatically commence and you will be billed for such services. MeetCoach.com will provide you with notice prior to the expiration of the free trial period, outlining the terms and conditions of the paid services.
8. Your Account, Representations, Conduct and Commitments
To receive Consultation Services, you represent and warrant that you have the legal capacity to enter into a contract and consent to receiving such services. If you are under the age of 18, you confirm that you have obtained the consent of a parent or legal guardian to receive Consultation Services and to enter into a contract.
You acknowledge and agree that any information provided by you through the Platform is accurate, true, current, and complete. You also acknowledge that it is your responsibility to ensure that this information remains up-to-date and complete throughout the duration of this Agreement.
It is hereby acknowledged, agreed and confirmed that you bear the sole responsibility for maintaining the confidentiality of your password and any other security information relating to your account (“Account Access”). It is advised that you regularly change your password and exercise extra caution in protecting it.
In the event of any unauthorized use of your Account Access or if you suspect any breach of security of your account, you agree to promptly notify us.
By agreeing to these terms, you acknowledge and confirm that you assume full responsibility for any unauthorized use of your account, whether with or without your knowledge or consent, and that we will not be held liable for any resulting loss or damages.
By agreeing to these terms, you confirm and acknowledge that you bear full responsibility for all activities carried out using your Account Access. Furthermore, you acknowledge and agree that we may hold you accountable for any losses or damages sustained as a result of someone else’s use of your Account Access, regardless of whether or not the use was authorized by you. In such instances, you agree to compensate us for any losses or damages we incur as a result of such use.
You agree and commit not to use the account or access accounts of any other person or users of the platform for any reason.
By using the Platform and the Consultation Services, you confirm and agree that they are for your personal use only and that you will not use them on behalf of any other individual or entity.
You agree and commit not to interfere with or disrupt, or attempt to disrupt or interrupt, 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.
It is important that you agree and commit not to make any use of the Platform 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 Platform and your relationship with the Coach and us.
If you receive any file from us or from a Coach, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You agree to indemnify, defend, and hold harmless the platform and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, causes of action, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees and expenses, arising out of or related to any of the following:
(a) Your access to or use of the Platform;
(b) Any actions made with your account or Account Access, whether by you or by someone else;
(c) Your violation of any provisions of this Agreement;
(d) Non-payment for any of the services, including Consultation Services, which were provided through the Platform;
(e) Your violation of any third-party right, including but not limited to any intellectual property right, publicity, confidentiality, property or privacy right.
This indemnification shall survive the termination or expiration of this Agreement.
Payment Obligations: By using the Platform and accessing any paid services, you confirm and agree to use only Payment Methods for which you are authorized to use. You also confirm and agree that all payment information you provide is accurate, current, and correct, and you will maintain the accuracy and correctness of this information in the future.
You agree to pay all fees and charges associated with your account in a timely manner, according to the fees schedule and rates published on the Platform. By providing us with your Payment Methods, you authorize us to bill and charge you through that Payment Means. You agree to maintain valid Payment Methods information in your account information to enable us to bill and charge you without interruption.
9. Changes, Conclusion, Pauses, and Disturbances to the Platform
You acknowledge and agree that we reserve the right to modify, suspend, disrupt or discontinue the Platform, or any part of it, at any time, with or without notice to you. Such modifications may include changes to the features, functionality, and content of the Platform. You understand and agree that we will not be liable to you or to any third party for any such modifications, suspension, disruption, or discontinuance of the Platform.
The Platform’s availability depends on various factors, including but not limited to software, hardware, and tools owned and/or operated by us or our contractors and suppliers. We make commercially reasonable efforts to ensure the reliability and accessibility of the Platform but cannot guarantee that it will be uninterrupted or error-free. You acknowledge and agree that we will not be liable for any losses or damages that may result from the Platform’s unavailability, including but not limited to, loss of data or inability to access the Platform’s features and services.
10. Notices and Communication
We reserve the right to provide you with any notices or communications related to this Agreement or any aspect of the Platform via email to the email address we have on file, regular mail, or online posting. Such notices shall be deemed received on the date they are delivered. If you need to send notices to us, you must do so via email to firstname.lastname@example.org.
Notice to California Residents:
If you are a California resident and receive services from a marriage and family therapist, clinical social worker, or professional clinical therapist, you may contact the Board of Behavioral Sciences at www.bbs.ca.gov or by calling (916) 574-7830 to file complaints regarding the services received within the scope of practice.
11. Consultation Feedback and Refunds
MeetCoach.com provides consultation services to help you gain clarity and alleviate your concerns through our team of Coaches. We encourage you to provide feedback on your consultation experience through the Review Page provided at the end of each session or by sending an email to email@example.com to ensure that we deliver high-quality services.
- To request a refund based on your consultation feedback, please contact us within five (5) days of your consultation. Our team will coordinate with your respective Coach to address your concerns.
- Refund requests will be subject to approval based on our team’s recommendation.
- MeetCoach.com will deduct twenty (20) Tokens from the Consultation Cost for processing fees and managing the refund.
- The refund processing time will take three (3) days from the date the request was received, and the refunded amount shall be reflected on your User Account.
12. Important Notes about our Agreement
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS MADE BY US, EXCEPT AS SET FORTH IN THIS AGREEMENT.
This Agreement may be modified by MeetCoach.com by posting the modifications on the Platform. Unless specified otherwise by MeetCoach.com, all modifications shall be effective upon posting. Therefore, we encourage you to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By continuing to use the Platform after the changes become effective, you agree to be bound by the modified Agreement. If you do not agree to the changes, you must terminate your access to the Platform and participation in its services.
MeetCoach.com 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 shall 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 shall remain in full force and effect.
For clarification purposes, all clauses related to arbitration, limitation of liabilities, and indemnification shall survive the termination or expiration of this Agreement.
Last Updated: May 2, 2023