Terms & Conditions for Online Training Courses and the Coaching Community from CoachNet Global LLC
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE BUYING TRAINING COURSES OR ACCESSING OR DOWNLOADING ANY TRAINING MATERIALS FROM THIS WEBSITE:
This is a legal agreement between you (Licensee and CoachNet Global LLC (4597 Great Northern Boulevard, #220, North Olmsted, OH. 44070) to use, purchase and/or participate in online training courses and training materials or the CoachNet Community of Coaches (“Training Courses”, “Training Materials”, and “Coaching Community” respectively). This agreement includes audio, video, printed materials and online documentation (Documentation). These courses, materials and community connections are a part of the Integrated Coach Traning approach from CoachNet.
By clicking on the “purchase” button on your event page, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials or Documentation to you, and you must discontinue the purchasing process now.
1. INTEGRATED COACH TRAINING: THE PRODUCT – A DESCRIPTION
We describe our products as:
e-learning [Online training]
Delegate can purchase a training activity online, access and complete the course online
Distance/Live Online Learning
A delegate can book the product online through webinar sessions and follow up work.
With distance learning, CoachNet will send learning materials to the delegate for completion on receipt of full payment
A course that is delivered using a combination of all learning delivery methods, i.e., Live and Recorded training, online and distance learning.
Please note that CoachNet reserves the right to change the course content of any Training Course at any time and without notice.
CoachNet Coaching Community
An online gathering of coaches and coach practitioners that freely exchanges ideas, materials and other coaching-related knowledge without any guarantee of effectiveness or another outcome.
2. THE SALE
The purchase of Training Courses, Training Materials, and Coaching Community memberships are subject to the following:
the prices set out for the relevant product on our website; and the purchase of the Training Courses and Training Materials includes the granting of a nonexclusive, non-transferable license to use the Training Materials and the Documentation on the terms of such license, which are set out in the following clause.
Support Materials for all courses are appropriate for use in the individual student’s coaching practice. No training slides from any course will be released at any time under any condition.
3. THE LICENSE
[IF YOU ARE AN E-LEARNING coach training student] download and use the Documents to complete the associated course online only either (as agreed between the parties): on one CPU if the license is a single-user license or the Software is for single use; or
if the license is a multi-user or network license, by the number of concurrent users agreed between you and us.
[IF YOU ARE A Distance/Live Online coach training student] receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this license provided that only the delegate of the of the relevant Distance Learning Training Course may make such use of them.
4. LICENSEE’S UNDERTAKINGS
Except as expressly set out in this license you undertake (and you commit to procuring that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):
– not to copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
– not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
– not to alter, or change, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
– to supervise and control the use of the Training Materials and Documents and ensure employee compliance with the terms of this license;
– to include the copyright notice of CoachNet Global LLC on all entire and partial copies you may make of the Training Materials or Documents on any medium;
– not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor;
5. TRANSFERS AND CANCELLATION OF TRAINING COURSES
Delegates may transfer their registration for one course to another course up to 21 working days before the original course date.
No refunds shall be given for the cancellation of Distance Learning, Blended Learning, and e-learning courses no matter when cancellation is notified to us.
If we cancel a Training Course or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.
6.1 About any materials that the Licensee may produce to the Licensor during a Training Course under the curriculum of that Training Course (the “Projects”), The Licensor shall:
– keep confidential all know-how, including commercial and financial information that is of a confidential nature, disclosed by the Licensee to the Licensor in a Project;
– not publish Projects without the express prior written consent of the Licensee; and
– disclose know-how, and any other confidential information in Projects, only to those persons necessary for the relevant Training Course and only to the extent necessary for the proper performance of their duties.
6.2 The Licensor shall procure that the compliance to the obligations in clause 6.1 is observed by its employees, officers, and agents.
6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
6.4 The provisions of this clause six shall not apply to:
– any Project that is required to be disclosed to any third party under the curriculum of the Training Course in which it was produced and the Licensee was aware of this requirement at the time of presenting the Project to the Licensor;
– any information which is in the public domain at the date of the presentation of the Project to the Licensor, or which subsequently comes into the public domain other than by breach of this clause 6; or
– any information already in the possession of the Licensor at the date of presentation of the Project, other than under an obligation of confidentiality; or
– any information obtained without any obligation of confidence from a third party that is not in breach of this Clause 6.
6.5 The provisions of this clause 6 shall be deemed effective from the date first presentation of a Project was made to the Licensor and shall remain in full force and effect for 10 years from that date.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this license.
8. LICENSOR’S LIABILITY
Nothing in this license shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
The Licensor shall not be liable under, or in connection with, this license or any collateral contract for:
– loss of income;
– loss of business profits or contracts;
– business interruption;
– loss of the use of money or anticipated savings;
– loss of information;
– loss of opportunity, goodwill or reputation;
– loss of, damage to or corruption of data; or
– any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
Subject to the above, the Licensor’s maximum aggregate liability under or in connection with this License, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to $500.
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the United States of America.
These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as expressly stated in this license.
9. TERMS OF PAYMENT
Payment can only be made using an authorized credit card at the time of the transaction on our website, or by invoice.
Invoices and receipts for payment are provided in electronic format.
Invoices payment terms are 30 days from the date of invoice or at least 10 working days before the start of the course, whichever is sooner.
Payments may be made by credit card via our website store, or you may contact CoachNet directly to make a payment by check or money order.
Payment must be received before the first day of class. You have the choice of purchasing the entire program, one module, or combinations of modules. An option to make three equal payments is available through our online store. There is a $79.00 fee for this option. In rare cases, 6 payment plans may be available. A $129.00 fee applies to this option.
Students who need to cancel their reservation in a course may cancel without penalty 7 or more days before the course start date. Students can either receive a refund, or they may apply the credit to another course or subsequent session. Students wishing to receive a refund should email a request to email@example.com. Refunds will be processed within two weeks of receipt of the request.
If a student cancels within one (1) week of the course start date, CoachNet will refund the tuition paid, minus an administrative fee of $50.00.
Refunds are not available if a student withdraws from the course after the first session. CoachNet will work with the student to continue their training at a later date.
If CoachNet must cancel or move the date of a course, every effort will be made to accommodate the student in a later offering of the course. CoachNet will refund full tuition if an alternative option cannot be arranged.
The Licensor may terminate this license immediately by written notice to you if
you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
a petition for a bankruptcy order to be made against you has been presented to the court; or
the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).
Upon termination for any reason:
– all rights granted to you under this license shall cease;
– you must stop all activities authorized by this license;
– you must immediately pay to the Licensor any sums due to the Licensor under this license; and
– you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and promptly destroy or return to the Licensor (at the Licensor’s option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
This license is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this license, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this license, or any of our rights or obligations arising under it, at any time during the term of the license.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time during the term of this license, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be valid unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
The laws of the state of Ohio of the United States of America govern these terms, and the parties submit to exclusive jurisdiction of the courts of the state of Ohio in the United States of America
15. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the whole agreement between us about the purchase of Coaching Community Membership, Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us before entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time without any notice to users.
Last update January 2, 2018