- Description of the Service. Coach4Charity is a full service platform designed to allow charitable organizations to raise funds by providing “experiences” (collectively, the “Coaches”) for auction. The Platform provides all of the tools and technology necessary for charitable organizations, celebrities, companies and certain individual private donors (collectively, hereinafter referred to as “Providers”) to conduct, process and fulfill these auctions.
- Registration & Restrictions; Eligibility. You can visit the Platform and access some of the features and functionality without having to register. However, if you choose to register and create an account and/or bid, you will be asked to provide some personally identifiable information, including your name or username and email address. The email address and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for the Platform to authenticate you as a registered user of Coach4Charity. Additionally, you are prohibited from selling, sharing or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Coach4Charity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). If you use the Platform, you are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately – by emailing us at email@example.com – of any unauthorized use of your account or any other breach of security. Coach4Charity reserves the right to block, suspend or revoke your account at any time, in our sole discretion. Also, please note that i) each auction is subject to additional rules, as further recorded in the Additional Details section of each applicable auction.
- Age Requirements. Unless as otherwise indicated – as further described below – the Coach4Charity Platform is intended solely for users who are 18 years of age or older, and any registration by, use of or access to the Platform by anyone under 18 is unauthorized. Additionally, you have to be 18 years of age or older to bid on an Item.
If you are 13 or older but under the age of 18, you can only access this Platform with your parent or guardian’s permission and active supervision. If you are a parent or guardian of a child between the ages of 13 and 18, before giving your permission for them to access this Platform you should review these Terms of Service, and by allowing your child to access this Platform you hereby agree that both you and your child shall be bound by them.
Finally, if you reside in a jurisdiction that would restrict the use of our Platform – or any of the functionalities or features offered via the Platform – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Platform if you are not permitted to do so by such local jurisdiction and by these Terms of Service.
- Payment Transactions; Fees. Coach4Charity engages the services of a variety of payment services providers to process all payment transactions, including managing the routing of applicable customer information through the credit card networks. We are not affiliated with these providers, and we are not responsible in any way for the actions or performance (or lack thereof) of any of these providers. Accordingly, Coach4Charity expressly disclaims responsibility and liability for all services provided by any such providers, including those related to donation/payment transactions, and you hereby agree that Coach4Charity shall not be responsible for any loss or damage of any sort incurred as a result of such services. Please also note that these providers will have access to the information you provide to them when making a payment transaction, and the use of such information will be governed by the privacy practices and policies of such providers. If you “win” an auction we will charge the payment method you have selected.
Please note that in regard to an auction, if you win an auction, we will contact you at the email you have provided to us at registration to confirm that you want your winning bid amount to be charged to the payment method we have provided in the auction. If you do not respond to our email within 48 hours, we can charge the winning bid amount to the original designated payment method (if provided) to us. If there is a problem collecting the payment from the winning bidder, Coach4Charity will contact the winning bidder, who will be given three (3) business days to resolve any issues and complete the payment. If Coach4Charity is unable to secure full payment, Coach4Charity may contact the second highest bidder to purchase the auction item at their final bid amount. If the second highest bidder declines to purchase the auction item, Coach4Charity may, in its discretion, re-post the auction item in a future auction. In all cases, an auction prize will not be awarded unless, and until, the full amount of the winning bid is successfully processed.
You hereby acknowledge and agree that, for all payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all payment transactions are final and nonrefundable. If you have any questions regarding any payment transaction, please contact us at firstname.lastname@example.org .
Purchasers, donors, and winning bidders will be charged the auction hammer price/donation, that will include the cost of certification of the correct use of the donation (5%) and VAT tax (20% of 5% certification cost) paid to an independent company. After deducting third party processing fees the remaining 94% is distributed to the charitable beneficiary.
- Disclaimer Concerning Tax Deductible Nature Of Payments. When and as applicable, Coach4Charity will provide you with payment receipt for your purchase. Notwithstanding anything herein to the contrary, Coach4Charity makes no representation to you as to whether all or any portion of your payment for an Item is tax-deductible. Coach4Charity is not liable for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of your payment for such Items. You should consult your tax advisor as to whether and the extent to which any portion of your payment for any particular Item is tax-deductible, particularly if you are awarded a reward or prize in connection with your payment.
- Intellectual Property Rights.
- Trademarks and Service Marks. Certain trademarks are the service marks and trademarks of Coach4Charity or one of its affiliates/partners. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Coach4Charity or one of its affiliates/partners. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Platform are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Platform without the prior written authorization of Coach4Charity or their respective owners.
- Copyright. Except as otherwise expressly stated, all content appearing on this Platform is the copyrighted work of either Coach4Charity or its third party content suppliers or authorized users, and is protected by U.K. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Coach4Charity, and is protected by U.K., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Coach4Charity, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Coach4Charity. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Coach4Charity does not warrant nor represent that your use of any content or materials displayed on the Platform will not infringe rights of third parties.
- Coach4Charity License Grant. The Coach4Charity Platform is provided by Coach4Charity, and these Terms of Service provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the Platform solely for your own personal use. Your use of the Platform and any services, materials or information made available through the Platform is conditioned on your continued compliance with the terms and conditions of these Terms of Service. Accordingly, you expressly acknowledge and agree that Coach4Charity transfers no ownership or intellectual property interest or title in and to the Coach4Charity Platform.
- Additional Acknowledgments. You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Coach4Charity Platform. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Coach4Charity Platform is solely at your own risk. While Coach4Charity has endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Coach4Charity Platform over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Coach4Charity is not responsible for the security of any information transmitted to or from the Platform.
- Prohibited Use/Activities. In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Platform, will not be, or alleged to be:
- unlawful, unauthorized, fraudulent or malicious in purpose;
- a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
- an invasion another’s right of privacy or publicity;
In addition, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity;
- violate any applicable local, state, national or international law;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or in any way;
- modify or make derivative works based upon the Platform;
- create Internet “links” to the Service or “frame” or “mirror” any Platform on any other server or wireless or Internet-based device;
- reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform;
- interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks.
Coach4Charity will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Coach4Charity has no obligation to monitor your access to or use of the Platform, but has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- Monitoring; Termination. Coach4Charity has the right, but not the obligation, to monitor any activity and content associated with the Platform. We may investigate any reported violations of the Platforms policies or complaints and take any action that we deem appropriate. Coach4Charity reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the Platform (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any activities that violate these Terms of Service, or for any other reason or for no reason.
- Fraud. You shall not register under a false name or false pretense. You shall not impersonate any participant, or use another participant’s password(s) or engage in any fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Website. You shall not intentionally try to deceive or post false or misleading information regarding an Item. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
- Termination Of An Auction. Coach4Charity reserves the right, in our sole discretion, at anytime, to withdraw any Coach that has been listed for Auction. We reserve the right to refuse to process a transaction for any reason, in our sole discretion. Under no circumstances shall Coach4Charity be liable to you for any reason by Coach4Charity withdrawal of Coach from our Platform, from our refusal to process the transaction.
- Disclaimers. WHILE Coach4Charity ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL PLATFORM, THE INFORMATION, PLATFORM, ITEMS, ITEM DESCRIPTIONS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE PLATFORM, SERVICES, ITEM DESCRIPTIONS AND INFORMATION. Coach4Charity EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ANY ITEM, INCLUDING ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Coach4Charity ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Coach4Charity (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR ANY OF THE SERVICES, OR (ii) ANY MISUSE OR UNAUTHORIZED USE OF YOUR ACCOUNT DUE TO, OR RELATED TO, YOUR ACT OR OMISSION, OR (iii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY Coach4Charity OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PLATFORM, OR (iv) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION, OR ANY DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY USING THIS PLATFORM, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT USE THE PLATFORM.
- Waiver of Claims/Release. BECAUSE Coach4Charity IS NOT RESPONSIBLE FOR ANY OF THE STATEMENTS, PROMISES, INFORMATION OR COMMUNICATIONS PROVIDED BY ANY PROVIDER, AND DOES NOT, MAKE ANY REPRESENTATION AS TO WHETHER ALL OR ANY PORTION OF A PAYMENT IS TAX DEDUCTIBLE – AND AS SUCH Coach4Charity WILL HAVE NO LIABILITY FOR ANY CLAIM BY ANY INTERNATIONAL, FEDERAL, STATE OR LOCAL TAX AUTHORITY WITH RESPECT TO ANY STATEMENT OR COMMUNICATION BY YOU TO SUCH TAX AUTHORITY REGARDING YOUR TRANSACTIONS – YOU HEREBY RELEASE COMPANY AND ITS OFFICERS, MANAGERS, EMPLOYEES, SUCCESSORS, PARENTS AND SUBSIDIARIES FROM ANY CLAIMS, DEMANDS AND DAMAGES (WHETHER DIRECT, ACTUAL INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. M.
- Indemnity. You agree to defend, indemnify, and hold harmless Coach4Charity and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this Terms of Service, or ii) any act or omission related to your use of this Platform.
- Governing Law. This Terms of Service has been made in and will be construed and enforced solely in accordance with the laws of the United Kingdom. You and Coach4Charity each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in United Kingdom.
- Term and Termination. This Terms of Service and your right to use the Coach4Charity Platform will take effect at the moment you access the Coach4Charity Platform, and is effective, binding and enforceable for as long as you use the Platform. In addition, Coach4Charity reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Platform for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this Terms of Service, or in order to protect its name and goodwill, its business, and/or other users. Additionally, Coach4Charity reserves the right to terminate your use of the Platform at anytime, for any reason or for no reason. Termination will be effective without notice. You may also terminate this Terms of Service at any time by ceasing to use the Platform and all of its related features and, if you have registered with the Platform, by emailing us at email@example.com requesting that we delete your account information.
- Intellectual Property Complaints. Coach4Charity respects the intellectual property rights of others and requires those that visit the Company Platform do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at Coach4Charity. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
- Identification of the location on the Company Platform of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.
- No Class Action. YOU AND Coach4Charity AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR Coach4Charity WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR Coach4Charity ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND Coach4Charity FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, Coach4Charity, AND ALL PARTIES TO ANY SUCH PROCEEDING.
- Changes to the Terms of Service. Coach4Charity reserves the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the end of these Terms of Service. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Service.
- Miscellaneous. This Terms of Service constitutes the entire agreement between you and Coach4Charity and governs your use of the Platform, superseding any prior agreements between you and Coach4Charity. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Coach4Charity. Any purported assignment or delegation by you without the appropriate prior written consent of Coach4Charity will be null and void. We may assign these Terms of Service or any rights hereunder without your consent. Failure by Coach4Charity to insist on strict performance of any of the terms and conditions of this Terms of Service will not operate as a waiver by Coach4Charity of that or any subsequent default or failure of performance. The Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Coach4Charity to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Platform provides. If any provision (or part thereof) contained in this Terms of Service is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Coach4Charity as result of this Terms of Service or your utilization of the Coach4Charity Platform. All provisions that are intended to survive termination of our relationship with you will so survive, including all provisions relating to intellectual property, confidentiality, disputes, representations/warranties, indemnities, and limitations of liability. Headings herein are for convenience only.
Terms of Service: last updated January 15, 2018.