Terms and Conditions

Terms & Conditions (“T&Cs” or “Terms of Business”)

Thank you for choosing to work with us. We hope this information tells you all you need to know about our business and how we work, but if you need to know more, please contact us using the details below.

WHO WE ARE AND HOW TO CONTACT US

We are Coachinginschools.com Ltd. You can also contact us at https://www.coachinginschools.com/get-in-touch/ or by emailing us or by telephoning 01636 351352

Acceptance of Terms and Conditions of Use

All products and services provided by Coachinginschools.com Ltd (referred to as “Coachinginschools”, “we”, “us” or “our”) to a client (referred to as “you” or “your”) are governed by these terms and conditions of business which you are deemed to have read and accepted by making a booking. No variation or amendment to the terms and conditions shall be of any effect unless expressly agreed, in writing, by a person authorised to sign on behalf of Coachinginschools.com Ltd (referred to as a “Coachinginschools Director”). Coachinginschools’ Accredited Trainers, employees, outsourcers and other personnel are referred to as “Coachinginschools’ Personnel”.

Ordering any of our products or services, either verbally (via a telephone or face-to-face conversation) or electronically (via email, text message, social media message or an online purchase) will be deemed to constitute acceptance of these T&Cs subject to any variations agreed in writing signed by a Coachinginschools Director.

WHERE TO FIND ALL YOUR CONTRACT TERMS

These General Terms and Conditions, together with the terms for any of our various products you purchase set out who we are and comprise all the terms of the contract between us for the products and services described on our Site(s) from time to time (the Site(s)) and your use of them.

BEFORE WE GO ON …

Updates: We may need to update these Terms and the Site(s) at any time and without notice, so be sure to check these Terms regularly at https://www.360feedbackinschools.com/terms-and-conditions/. If we have your email address, we may notify you of a change to the Terms.

Condition of use: It is a condition of using the Site(s) and subscribing to our products and services that you need to agree with these Terms. By using the site, you are agreeing to these Terms.

1. Definitions

Data Processor has the meaning set out in the DP Directive as amended by the GDPR when the latter comes into force;

Data Protection Legislation means the DP Directive, the DPA and the GDPR;

Data Subject has the meaning set out in the DP Directive as amended by the GDPR when the latter comes into force;

DPA means the Data Protection Act 1998;

DP Directive means Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

GDPR means the General Data Protection Regulation (2016/679);

Guest means a user of (i) the introductory elements of the Site(s) which are accessible before registering, or of (ii) the preview elements of the Site(s), which are accessible after registering but before subscribing, or of (iii) the full Site(s) where that user has been invited to use the Services on a trial basis only;

Intellectual Property means copyright, database rights and moral rights, patents, registered and unregistered trade marks and service marks, domain names, registered designs and unregistered design rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for any of the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world;

Lead User means the person completing the Contract online to create an account on behalf of their organisation or the person ordering the service verbally or via telephone or email;

Permitted Users means Staff employed by the school/organisation and governors;

Personal Data has the meaning set out in the DP Directive as amended by the GDPR when the latter comes into force;

Product means those products offered from time to time by COACHINGINSCHOOLS.COM on the Site(s);

School means any school(s) represented by the Lead User as specified in the Contract;

Services means the services detailed in the online Contract (or contract if ordered verbally or via telephone or email);

Site(s)’ Content means all materials on the Site(s) from time to time;

Contracts means the online contract(s) for our products and services;

Third Party Content means any of the Site(s)’ Content which is either (a) material which appears on a third-party Site or microsite linked to the Site(s) or (b) any material which appears on the Site(s) but which is stated to have been produced by a third party;

You means the entity on whose behalf the Lead User is entering into these Terms as described in the Contract (and where, appropriate includes the Permitted Users).

2. Accessing the Services

2.1 Once a Lead User has completed the Contract and accepted these Terms, we will then issue you with an account along with details of how other Permitted Users can access the Services.

2.2 Whether or not we accept any individual Permitted User is a matter for COACHINGINSCHOOLS.COM’s sole discretion.

2.3 Each of you and the Permitted Users shall be jointly and severally responsible for complying with these Terms and maintaining the confidentiality of your registration details, and for all activities that occur under these details including the confidentiality of all content on the Site(s) and you must remind the Permitted Users of this when they are provided with login details.

2.4 You must immediately inform us of any unauthorised use of your login details and any other breach of security of which you become aware which may affect the Site(s).

2.5 We reserve the right at any time to modify the Services we provide and to add to or remove content on the Site(s).

2.6 We may invite users to use the Site(s) and Services as Guests free of charge for a limited trial period. Guests may only trial the Site(s) and Services once unless agreed otherwise in writing with us.

2.7 You shall ensure that all Permitted Users are made aware of these Terms.

2.8 If any Permitted User ceases to qualify for access to the Services, you must notify us so that we can terminate that Permitted User’s registration (or arrange for the user to register from another organisation where that organisation has also subscribed to the Services).

2.9 You shall maintain a written list of all Permitted Users and shall provide such list to us as we may reasonably request from time to time.

2.10 We reserve the right to duplicate question sets created by you if we feel these may be of interest to a significant number of the subscribers. We also reserve the right at our sole discretion to delete or refuse to publish any questions if that we deem to be inappropriate at any time without giving a reason or if any of our charges are overdue.

3. Service Subscription Fees

3.1 When you subscribe to our Service you agree to pay the joining fees and subscription fees and any other charges set out in the relevant Contract.

3.2 Rates for the Services may also be advertised on the Site(s). We reserve the right to vary these rates from time to time as we consider to be appropriate.

3.3 All our fees are exclusive of VAT.

3.4 Subscriptions are annual. Our annual subscription fees and any joining fees are automatically invoiced annually in advance and may be paid by an annual payment via direct debit or bank transfer. Payment of fees shall be due on the date(s) shown on your invoice. If fees are left unpaid after 24 hours of the due date shown on the invoice, we reserve the right to disable your account until payment is received and/or to terminate your account. This will delete your data.

3.5 Once you have subscribed to the Services, the subscription fees you pay will apply for the whole of the subscription period. We will not implement any subscription fee change until the date of your yearly renewal. We will always inform you at least one month in advance of the renewal date of any subscription fee change.

4. Term, Suspension of account and Termination

4.1 Your subscription to the Services shall commence on the date that we provide you with your account designation. Subject to your right to terminate below, your subscription shall then continue for the specified number of months set out in the Contract.

4.2 You may cancel your subscription at any time by giving at least 45 days’ notice. (This will prevent you being invoiced and liable for charges for the following year).

4.3 If you are using the Site(s) and the Services on a trial basis, then we may terminate your trial for any reason at any time.

4.4 If you commit any material breach of these Terms which shall, for the avoidance of doubt, include any breach of clauses 5 (Intellectual Property), 6 (Warranties) or 8 (Data Protection) or where any term has been breached more than once then we may terminate your account immediately on written notice.

4.5 Subscription fees paid are not refundable in whole or in part. No refunds of joining fees will be made.

4.6 On termination of your account, your rights to receive the Services and to access the subscription-only areas of the Site(s) shall cease. Any rights that have accrued to either of us at the date of termination shall remain enforceable after termination.

4.7 Cancellations and Changes: There is no automatic right to cancel. We will allow you to change your mind or amend your booking without liability within 7 calendar days starting from the agreement date shown on your contract by emailing us or telephoning us on 01636 351 352, providing you have not logged into the relevant Site(s) or accessed our services. We will then confirm this by email for you within 24 hours. After this 7 day period you have automatically accepted our contract, any fees already paid are non-returnable and you are under contract to pay the full total fee shown on your contract, and any additional excess, amendment, upgrade or debt recovery fees (if applicable).

5. Intellectual Property

5.1 The content and material on the Site(s) are the Intellectual Property of COACHINGINSCHOOLS.COM LTD.

5.2 Access to the Site(s) and use of the Services is subject to a non-exclusive and non-transferable licence permitting Permitted Users to access and use the Site(s) and Services on the terms set out below.

5.3 Permitted Users may view, download and reproduce free of charge the individual 360 reports and data from the Team Analysis and Easy data analysis without specific permission from us subject to the following conditions:

• The Site(s)’ Content may only be used for your non-commercial purposes.
• The Site(s)’ Content shall not be reproduced or included in any other work or publication in any medium or modified or shared with any third party, save that Permitted Users are permitted to the extent necessary to reproduce or include such material in professional presentations to work colleagues and/or senior management and/or Governors and/or Inspectors in each case at the School;
• Permitted Users of this COACHINGINSCHOOLS.COM product may only use the product for the intended purpose. The Site(s)’ Content and Site coding is protected by copyright and may not be replicated in any way;
• You may not remove any copyright or other proprietary notices contained in the Site(s)’ Content or use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
• You must not link to the Site(s) in a way that suggests any association, approval or endorsement on our part where none exists or establish a link to the Site(s) from any Site that is not owned by you; and
• You must not use any of the Site(s)’ Content in a derogatory manner, a misleading context or in any way which is illegal.

5.4 Where any of the Site(s)’ Content is clearly Third Party Content, then the above permissions set out in clause 5.3 above do not apply to such third-party content and you must contact the relevant third party directly to get their permission to copy it, edit it, share it with any third party or otherwise exploit it.

5.5 Please note that any materials on third-party Site(s) or microsite(s) linked to the Site(s) will be subject to third-party Intellectual Property. No licence is granted by us to use, reproduce, adapt, edit, communicate to the public, issue copies to the public or otherwise exploit such material and any such use may be subject to additional third-party terms and conditions. Please check the third-party Site(s) for their terms and conditions.

5.6 If COACHINGINSCHOOLS.COM publishes references or links to your question sets or case studies or testimonials on the Site(s) without your specific permission and you object to this use, please contact us in accordance with our ‘Your Concerns and Feedback’ section below. Please provide us with the following information and we will handle your concern accordingly: (a) who you are and, if applicable, who you represent; (b) how we may contact you; (c) the exact and full URL where you found references or links to your material which is the subject of your concern; (d) proof that you are the rights holder; and (e) an explanation as to why the references or links to you should not be published on our Site.

5.7 If you are commissioned by COACHINGINSCHOOLS.COM to create and provide any content or material for the Site(s), any such commissioned content or material shall be subject to separate terms and conditions which deal specifically with commissioned contributions and include a copyright assignment agreement.

5.8 However, subject to anything agreed expressly to the contrary in writing between us in specific terms for commissioning content described above, if you submit or upload any content or material to us or to the Site(s) (your Contribution), by agreeing to these Terms you:

5.8.1 grant to COACHINGINSCHOOLS.COM, free of charge, a non-exclusive, worldwide, perpetual and royalty-free licence to use your Contribution on the Site(s) and in our Services; and

5.8.2 hereby warrant to us that your Contribution: (a) is original to yourself (or otherwise that you have all necessary rights and permissions to submit the Contribution for use on the Site(s) and in our Services); (b) is not (and does not contain anything) unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, libellous, hateful, discriminatory, threatening or otherwise illegal or anything which might constitute a criminal or civil offence or promote violence; and (c) does not contain anything which is in violation or an infringement of any existing Intellectual Property or other right of any other party whatsoever.

5.9 The Site(s)’ Content may include information and materials uploaded by other subscribers which has not been verified or approved by us. Their views do not reflect the views of COACHINGINSCHOOLS.COM. If you wish to report any inappropriate content, please contact us.

6. Warranties

6.1 COACHINGINSCHOOLS.COM warrants that it shall exercise reasonable skill and care in providing the Services.

6.2 When a Lead User completes a Contract, you are warranting that they are doing so as your authorised agent and that you are not acting as agent for a third party and that:

6.2.1 They are eligible as a Lead User for those Services and the pupil numbers specified are correct; and

6.2.2 Where a Lead User is completing a Contract on behalf of a School, that the School is a recognised English or Welsh school, or an international school.

7. Liability

7.1 While COACHINGINSCHOOLS.COM endeavours to ensure that the information on the Site(s) is relevant, accurate, complete and up to date, COACHINGINSCHOOLS.COM does not give any warranty or guarantee as to the accuracy, completeness, currency or reliability of any of the Site(s)’ Content or that any such material will meet your requirements. You should not treat any of COACHINGINSCHOOLS.COM’s commentary and information as advice and you should not rely on it without seeking independent advice. Furthermore, for reasons of confidentiality, you should not submit (and we will not answer) any specific questions about circumstances relating to a specific school or individual, and any information you upload in breach of this term is at your own risk.

7.2 Any advice or opinions or statements made in any Third Party Content are those of such third party and not COACHINGINSCHOOLS.COM. Third Party Content is not approved, vetted, checked or endorsed by COACHINGINSCHOOLS.COM and COACHINGINSCHOOLS.COM accepts no responsibility for its contents.

7.3 While COACHINGINSCHOOLS.COM endeavours to ensure the availability of the Site(s) at all times, it excludes liability for any unavailability of the Site(s) or Services. We may have to suspend access to sections of the Site(s) for periodic maintenance or, in extreme circumstances such as emergency maintenance, take the Site(s) down for a period, but, where possible, we will try and give users advance notice of this.

7.3.1. Backups are made hourly and retained for 30 days. These are stored securely by the website host provider who has disaster recovery procedures in place, including backups at remote locations to protect against their hardware failure. In the event of a disaster we will restore data as quickly as possible, but we cannot guarantee any timescales for this. We may need to restore data from an earlier backup.

7.4 Without limiting the foregoing, COACHINGINSCHOOLS.COM hereby excludes liability for:

7.4.1 Any loss of profit or business;

7.4.2 Any loss of savings;

7.4.3 Any loss of or damage to data or systems or any business interruption;

7.4.4 Any loss of opportunity;

7.4.5 Any loss of goodwill;

in each case whether direct or indirect.

7.5 COACHINGINSCHOOLS.COM hereby excludes liability for any indirect or consequential loss of any kind.

7.6 Nothing in these Terms shall exclude COACHINGINSCHOOLS.COM’s liability for personal injury or death caused by negligence or for fraud.

7.7 All other conditions, statements and warranties are hereby excluded to the fullest extent permissible by law.

8. Data Protection

8.1 Each party shall process the Personal Data provided to it by the other in full compliance with its obligations under Data Protection Legislation from time to time. COACHINGINSCHOOLS.COM and you hereby acknowledge that for the purposes of the Data Protection Legislation, you are the Data Controller and COACHINGINSCHOOLS.COM is the Data Processor in respect of any Personal Data submitted to COACHINGINSCHOOLS.COM via the Site(s).

8.2 By submitting the Contract and agreeing to these Terms, you hereby warrant that you:

8.2.1 Shall have secured the necessary permissions (given freely, specifically and unambiguously) as may be required by Data Protection Legislation for us to provide any of your Permitted Users with the Services and that any Personal Data provided to us is accurate;

8.2.2 Shall have secured the necessary permissions from any Data Subjects that may be referred to in any content that your Permitted Users upload to the Site(s) which may be available for viewing by other Permitted Users or the public (depending on the nature of the uploaded content and where it has been uploaded as appropriate)

And you hereby indemnify COACHINGINSCHOOLS.COM for all losses, claims, costs and damages incurred as a result of any breach of this warranty.

8.3 Each party shall use its reasonable endeavours to assist the other party by providing information that may be required by Data Protection Legislation to demonstrate compliance with the same provided that the party requesting the assistance shall indemnify the other party for its reasonable costs associated with the same.

9. General

9.1 Assignment and Sub-contracting: COACHINGINSCHOOLS.COM may assign or charge its rights under these Terms to any third party. You may not do so. COACHINGINSCHOOLS.COM may sub-contract any of its obligations under these Terms to any third party.

9.2 Force Majeure: We shall not be liable to you for any breach of these Terms or any failure to provide or delay in providing the Services through the Site(s) resulting from any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of internet access, updates to programming code, cyber attacks, Epidemics or pandemics such as COVID-19, act of God, fire, explosion or accident, terrorism, war, riot or civil commotion, malicious damage, compliance with any law or governmental or regulatory order, regulation or direction or adverse weather. In any such event we will endeavour to restore your service as quickly as possible once you have reported an issue, but we cannot guarantee the length of time this will take for our developers to detect, identify, fix and restore service.

9.3 Variations: These Terms may not be altered, amended or modified except in writing signed by duly authorised representatives of each of us.

9.4 Entire agreement: No oral representation by COACHINGINSCHOOLS.COM, its employees or agents shall be binding on COACHINGINSCHOOLS.COM nor shall form part of the Terms. Each of the parties agrees that in entering into these Terms and the documents referred to in them, it does not rely on any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in these Terms. Each of the parties agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the Terms. Nothing in these Terms shall operate to limit or exclude any liability for fraud. These Terms constitute the entire agreement and understanding of the parties and supersede any previously agreement between them relating to the subject matter of these Terms.

9.5 Third Party Rights: These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and are not intended to benefit, or be enforceable by, anyone else.

9.6 Waiver of Remedies: No failure or delay by COACHINGINSCHOOLS.COM to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

9.7 No partnership: Nothing in the Terms shall be deemed to create a partnership or joint-venture or agency relationship between the parties or confer any right or benefit to any third party.

9.8 Severance: Should any of the Terms be deemed unenforceable or illegal, the remaining terms will nevertheless continue in full force and effect.

9.9 Your Concerns and Feedback: If you have any concerns or feedback about the Services, please notify us using the contact details or feedback facilities available on the Site(s) or via the following email address: clientsupport@coachinginschools.com. Feedback from members is important to us and we shall use our reasonable endeavours to acknowledge and reply to your email as soon as we can, but give no guarantee that we shall be able to resolve your query.

9.10 Notices: Any notice we need to serve on you under the Terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to you at your address set out in the Contract, or such other address as may have been notified by you for such purposes, or sent by fax or email to your fax number or email address as set out in the Contract. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax or email shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). For any notice you need to serve on us, the same delivery arrangements shall apply, but the address, fax and email address to effect service shall be as shown on our invoice or the Site.

9.11 Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. Non-contractual obligations (if any) arising out of or in connection with this agreement (including contract formation) shall be governed by the laws of England.

Thank you for choosing to work with us. We’re delighted to be able to support you as you develop yourself and also help your school, your colleagues and your students to develop and grow.