Terms and conditions – WiseOwl.Coach

Introduction

These User Terms of Service (the “User Terms“) exclusively govern the access and use of our online (the “Website“) & mobile (the “App“) coach marketplace and related services (the “Services“). Please read them carefully.

Binding Agreement

Please read these User Terms meticulously to ensure complete understanding of each provision. These User Terms establish a Binding and Mandatory Arbitration and Class Action/Jury Trial waiver provision, mandating arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to users in certain disputes.

Scope of Agreement

These User Terms are Solely Binding on Us. These User Terms form a legally binding contract between us and the user and the coaches registered on Wiseowl.coach. By accessing or using the Services, the user and the coaches agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If the user accesses or uses the Services, or continues accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, they confirm that they have read, understand and unconditionally agree to be bound by the User Terms and the Acceptable Use Policy. Throughout these User Terms, “We”, “our” and “us” exclusively refer to wiseowl.coach (“wiseowl.coach“) and its parent company Edify Consultants Private Limited.

Customer’s Choices and Instructions

An organization or other third party, or an individual user through their association or on their own, (“Customer“) have been granted permission to access our Services for coaching services based on the Customer’s preferences (the “Instance“) via our Website or App. The Customer may not alter or change any aspect of the Services without express written consent from us.

Our Exclusive Control

The Customer has separately agreed to our Agreement (the “Agreement“) that permits the Customer to create a coaching project, enabling users to receive coaching services. Each individual granted access to the Services, including the user, is a “Client/User“. The Contract ensures that the WiseOwl retains full control over the use of the Services and any data generated through the use of the Services. Client/User Data is solely owned by the WiseOwl, and any alterations or changes to the Services must be requested.

Copyright and Ownership

If an individual user has signed up for the Services, there will be no separate Agreement other than these Terms of Service and privacy policy. The user will be bound by these Terms of Service, and any requests for changes or alterations to the Services must be made explicitly via email.

User Responsibilities

AS BETWEEN US AND CUSTOMER, THE USER AGREES THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM THE WISEOWL OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CLIENT/USER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM THE USER THAT ARE NECESSARY FOR THE LAWFUL USE OF CLIENT/USER DATA AND THE OPERATION OF THE SERVICES; AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH THE USER RELATING TO OR BASED ON CLIENT/USER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. WISEOWL.COACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE USER RELATING TO THE SERVICES, WHICH ARE PROVIDED TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Access and Licensing

Subject to the user’s compliance with these User Terms, we grant the user a limited, revocable, non-exclusive, non-transferable access to our Service and Instance via our website or through the “App,” , in accordance with these User Terms.

Wireless Service

If the user accesses the Services through a Mobile Device, their wireless service carrier’s standard charges, data rates, and other fees may apply. Some or all of the Services’ or Instances’ functionality may not work with all carriers or mobile devices. By accessing the Services or Instance on a Mobile Device, the user agrees that we may communicate with them by push notifications, text message, or other electronic means to their Mobile Device and that certain information about their usage of the Services through the mobile device may be communicated to us.

Internet Connection

If the user accesses our Services or Instance through our Website, they need to ensure that their Internet connection is adequate for accessing our Services and Instance. The user is solely responsible for their Internet connection, including any applicable charges, rates, tariffs, and other fees.

Copyright and Intellectual Property

All content included on the wiseowl.coach Website and the wiseowl.coach App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of wiseowl.coach or its content suppliers and is protected by Indian and international copyright laws. All software used on the wiseowl.coach Website and the wiseowl.coach App is the property of wiseowl.coach or its software suppliers and is protected by Indian and international copyright.

Digital Millennium Copyright Act

wiseowl.coach takes claims of copyright infringement seriously. If the user believes any materials on the Website or App infringe their copyright, they should inform wiseowl.coach by sending written notice by Mail to wiseowl.coach addressed to Kailas Business Park, C Wing 205, ParKsite, Vikhroli West 400059, Mumbai, India or by email to [email protected].

Trademarks

“wiseowl.coach”, and other wiseowl.coach graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of wiseowl.coach in India and/or other countries. wiseowl.coach’s trademarks and trade dress may not be used in connection with any product or service that is not wiseowl.coach’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits wiseowl.coach. All other trademarks not owned by wiseowl.coach that appear on wiseowl.coach are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by wiseowl.coach.

User Eligibility

The Services and Instance are intended for use by individuals over the age of 18. The user represents that they are over the age of 18 and are the intended recipient of Customer’s invitation to the Services. The user may not access or use the Services and Instance if they do not meet this criterion.

User Obligations

To help ensure a safe and productive work environment, all users must comply with wiseowl.coach’s Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to us.

User Term

These User Terms remain effective INDEFINITELY untill terminated by wiseowl.coach.

Honor Code

All users participating in any Instance or Service must agree to and strictly follow the following honor code of conduct:

The user will personally complete any assessments, projects, and ‘homework’ to fulfill their engagement between them and their coach.
The user will give a minimum of 48 hours notice of any change to their coaching meeting time.
The user will share feedback with their coach and discuss any dissatisfaction with the engagement directly in order to resolve the issue before escalating to wiseowl.coach: [email protected].

Coach Agreement:

The Coach agrees not to enter into any contract for Coaching or Coaching related services directly or via any other third party, with any of the Wise Owl clients or their affiliated businesses or organizations.

The Coach agrees not to accept any direct payments for any contractual arrangements and/or contracts with any of the Wise Owl clients contacted, connected, or directed to the Coach by the Wise Owl management.

The Coach agrees not to plan or schedule any appointments for providing services directly or via any third party with any Wise Owl clients outside the Wise Owl platform.

The Coach agrees to adhere to all the protocols and agreed terms and conditions listed in the Wise Owl contract in all aspects.

For any deviation on terms and conditions sought, the Coach agrees to contact the Wise Owl Program Director, in writing via email, and await a directive, decision, or recommendation by this authority.

Limitation of Liability

If wiseowl.coach believes that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling the user’s account) if the Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, or any third parties.

Survival

The sections titled “The Relationship Between Us, Customer, and the User”,”Coach Agreement”, “Limitation of Liability”, and “Survival”, and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

General Provisions

Email and Communication: All notices under the User Terms will be by email, although we may instead choose to provide notice through the Services. Notices to wiseowl.coach should be sent to [email protected]. A notice will be deemed to have been duly given the day after it is sent through email.
Privacy Policy: Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products. We use tracking and cookies on the site, and using the site itself is the same as the user giving us permission to use our tracking and targeting metrics. We may also track users off the site, across the site.
Refunds and Booking Policy: We do not provide refunds but can make exceptions on a case-by-case basis. Bookings once made with coaches cannot be rescheduled unless the booking date is greater than 2 days away from the date of rescheduling. The coach has the opportunity to cancel their bookings or reschedule.
Limitation of Liability and Outcome Guarantee: In our Terms of Service, we do not assure or guarantee any outcome for the client. We also take no responsibility to improve or change the client. Our coaches do not have permission to provide any medical recommendations. We, wiseowl.coach, or edifyconsultants, and its directors and employees are not responsible for this.
Confidentiality and Data Sharing: Discussions between coach and client are usually kept confidential between themselves. However, we and our coaches have every right to share and analyze it internally or share it externally if asked by any legal body in India or in the nation of residence of the client.
Modifications: As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change, we will provide reasonable notice prior to the change taking effect.
Waiver: No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability: The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision is held to be contrary to law, the provision will be modified by the court to accomplish the objectives of the original provision to the fullest extent permitted by law.
Assignment: The user may not assign any of their rights or delegate their obligations under these User Terms without the prior written consent of wiseowl.coach. wiseowl.coach may assign these User Terms without the user’s consent to a corporate affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Governing Law: The Contract and any disputes arising out of or related to it will be governed exclusively by the laws of India, without regard to its conflicts of laws rules.
Fees and Payment: Fees and payment terms are specified in the Contract between wiseowl.coach and the user.
Term and Termination: The Agreement commences on the date the user first accepts it and continues until all subscriptions hereunder have expired or have been terminated.
Venue; Waiver of Jury Trial; Fees: The courts of India will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these User Terms. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to a jury trial.
Binding and Mandatory Arbitration: Except for any disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, the parties agree to resolve any Disputes arising from or related to these User Terms through binding arbitration.

Conclusion

These User Terms constitute the entire agreement between wiseowl.coach and the user regarding the subject matter herein and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, and communications, whether written or oral, between the parties regarding such subject matter.