Terms of Use

By accessing or using the App or Website, you agree to be bound by these Terms of Use, which constitute a binding agreement between you (the "User") and us (the "Provider").

In these Terms of Use:

"we," "us," and "our" refer to The Coaching Gig, which operates under the K & J McLean Partnership and is a partnership registered in Wellington, New Zealand, the provider of the Service.
"User" or "you" refers to the person using the Service, the App, and/or the Website, whether as the holder of an Account or otherwise.

Any capitalised terms not otherwise defined in this section will have the meaning given to them in clause 17.

1. Licence

We grant you a limited, non-exclusive, non-transferable licence to access and use the Service, strictly in accordance with these Terms of Use.
You agree that your licence to use the Service is conditional upon your compliance with these Terms of Use, including the payment of any applicable fees.

2. Restrictions

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or re-sell, the Services or its Content. Additionally, you agree to:
1. Use the Service and any Outputs solely for personal coaching purposes and not for any other purpose;
2. Not use the Service or any Output for any illegal purpose;
3. Ensure that any information you provide in connection with your Account and use of the Service is accurate and current, and promptly notify us of any changes;
4. Keep your Account details and password confidential and not share your Account password with any other person;
5. Use the Service in a manner that does not damage, disable, overburden, or impair the Service;
6. Not reproduce, duplicate, copy, sell, assign, transfer, or use the Website, the App, or the Service, or any Content for any commercial purpose;
7. Not attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer, or undermine the security or integrity of any software used by us in connection with the Service, the App, or the Website.
We reserve the right to refuse access to, or prevent use of, the Website and App by any person, geographic region, or jurisdiction for any reason, at any time.

Your Obligations

In respect of your access to and use of the Website, the App, and the Service, you agree to:
1. Provide true, current, and complete information (including when setting up an account) and promptly update that information as required to ensure it remains accurate, current, and complete;
2. Comply with all applicable laws, regulations, and any guidelines, procedures, or policies communicated by us from time to time;
3. Keep all access details associated with the Website, the App, or the Service, including user ID and passwords, confidential;
4. Not attempt to gain unauthorised access to any part of the Website or the App;
5. Not distribute or upload information or files that:
  1. Violate any law, statute, ordinance, or regulation, including but not limited to applicable privacy legislation, such as the New Zealand Privacy Act 1993;
  2. Are defamatory, libellous, or obscene;
  3. Contain viruses, Trojan horses, worms, time bombs, or other harmful programming routines;
6. Not access or use the Website, the App, or the Service for purposes of monitoring its availability, performance, or functionality, or for any benchmarking or competitive purposes.
7. Ensure the confidentiality of your login credentials and immediately notify us if you suspect any unauthorised access or breach of your account.
8. Not engage in any abusive or harmful behaviour towards other users or upload content that is illegal, offensive, or harmful.
9. Use the Service only for lawful purposes and in accordance with these Terms of Use.

4. Changes

You acknowledge that the Service may evolve and change over time. We reserve the right to modify, adapt, suspend, or discontinue the Website, the App, and/or the Service (or any part thereof), whether temporarily or permanently, at any time, with or without notice to you. To the extent permitted by law, we will not be liable to you or any third party for any modification, adaptation, suspension, or discontinuation of the Website, the App, and/or the Service (or any part of them).

5. Disruption of Service

We will take all reasonable steps to ensure that the Website, the App, and the Service function as intended. However, you acknowledge that access to the Website, the App, and the Service may be disrupted due to malfunction, updates, maintenance, repair, or any other reason, whether within or outside of our control.
To the extent permitted by law, we will not be liable for any loss or damage arising from any partial or total breakdown of, or inability to use, the Website, the App, or the Service. We will use reasonable endeavours to promptly address any technical issues that arise in relation to the Website, the App, or the Service during normal business hours in New Zealand.
You agree that use of the Website, the App, and the Service is at your own risk, and that we do not warrant that the Website, the App, or the Service (or any Outputs) will meet your specific requirements, or that use of the Website, the App, or the Service will be uninterrupted, timely, secure, or error-free. Our obligations under clause 5.1 are in lieu of all other warranties in respect of the Website, the App, or the Service. To the maximum extent permitted under applicable law, all other warranties, conditions, and representations, whether express, implied, verbal, statutory, or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, non-infringement, and fitness for a particular purpose).

6. Your User Data

Your User Data will remain owned by you. However, you grant us a licence to access, use, and disclose your User Data for the purposes of providing the Service, exercising our rights under these Terms of Use, enhancing and developing the Website, App, and Service, and communicating with you about the Service and other relevant matters. We may also disclose your User Data (including Personal Information) in connection with a proposed purchase or acquisition of our business or assets, where requested by a Government agency for contact tracing purposes, or where required by applicable law, court order, or in response to a request by a legitimate law enforcement agency.
If your User Data includes Personal Information related to any other person, you must obtain all necessary consents from that person, or their legal guardian in the case of minors, prior to uploading such Personal Information. This is to ensure you meet your obligations under these Terms of Use and the Privacy Policy, and for us to process that Personal Information in accordance with the Privacy Policy.
You also grant us a non-exclusive, irrevocable licence to copy, anonymise, aggregate, process, and display your User Data to derive anonymous statistical and usage data, and data about the functionality of the Service and Outputs. This data will be anonymised in such a way that it cannot be used to identify you (Anonymous Data). We may combine this Anonymous Data with similar data from other clients, licensees, users, or other sources (referred to as Aggregate Data). We will own all rights, title, and interest in the Aggregate Data.
You acknowledge that the Service depends on the entry of accurate and up-to-date User Data.

7. Ownership

Title, copyright, and all other proprietary rights in the Website, the Service, the App, and any associated updates or documentation (including all parts and copies thereof), as well as all Content, will remain with us and/or our licensors.
If you provide us with ideas, comments, or suggestions relating to the Website, the App, or the Service (collectively, "Feedback"):
1. We may use or disclose the Feedback for any purpose; and
2. All rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications, or derivative works), are owned solely by us.

8. Confidentiality and Privacy

You should ensure that you read our Privacy Policy (https://www.thecoachinggig.com/privacy-policy), as it forms part of these Terms of Use. We will process your Personal Information in accordance with our Privacy Policy.
We will make every reasonable effort to keep your Personal Information secure. We will not disclose your confidential information except:
1. To our personnel and any service providers we work with, where necessary to operate the Website, App, and/or Service;
2. In accordance with our Privacy Policy;
3. If required or permitted by law; or
4. Where you give us explicit permission to do so.
However, because internet transmissions cannot be guaranteed to be 100% secure (including against unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use the Website, the App, and the Service at your own risk. You should only proceed to use the Website, the App, and/or the Service if you accept this condition.
You must not share another person’s Personal Information without that person’s explicit consent.
You will be liable for all actions taken by any person who has obtained access to your Account (whether authorised or not) and agree to notify us immediately of any unauthorised use of your Account or any other breach of privacy or security.
Ensure the confidentiality of your login credentials and take necessary precautions to prevent unauthorised access to your account. You are responsible for any activity that occurs under your account.
Immediately report any suspicious activity, breach of security, or unauthorised use of your account to us.

9. Indemnity

You agree to indemnify, and keep indemnified, us, our affiliated companies, and our respective directors, officers, employees, agents, representatives, contractors, licensees, and successors against any and all liabilities, costs (including legal fees), claims, demands, or damages incurred or suffered from your use of the Services, including (but not limited to) as a result of any of the following:
1. A breach of these Terms of Use (including, for the avoidance of doubt, the Privacy Policy);
2. Your use of the Website, the App, the Service, and/or any Content; or
3. A violation of any Intellectual Property Rights or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).

10. Limitation of Liability

In no event or circumstance shall we be liable to any person, whether under contract, tort, strict liability, negligence, or otherwise at law, for any special, indirect, incidental, punitive, or consequential damages of any kind, or for any loss of profit, use, content, data, opportunity, revenue, or business, whether caused by any user, us, our employees, agents, or any other persons acting on our behalf.
To the extent permissible under law, our total liability for any loss arising from or in connection with these Terms of Use, the Website, the App, the Service, or Content, shall not exceed NZ$10 in aggregate. The foregoing limitations will apply even if the stated remedy fails in its essential purpose.

11. Cancellation and Termination of Accounts

User-Initiated Cancellation:
You may cancel your Account at any time by following the prompts within the Website or the App.
Our Right to Suspend or Terminate:
We may suspend or terminate your Account if we reasonably suspect that you have violated these Terms of Use, including but not limited to:
- Uploading prohibited content or illegal material.
- Engaging in abusive or harmful behaviour towards other users.
- Sharing your account information or allowing unauthorised access.
Refund Policy:
Cancellation or termination does not entitle you to any refund of payments made to us, unless required by law.

12. Use of Third Parties

You agree that we may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, App, and/or Service, as well as to store and manage its Content. We may also source and license Content from third parties.

13. Links

The App, Website, or Service may provide links to other sites or resources. As we have no control over such external sites and resources, you acknowledge and agree that we:
1. Are not responsible for the availability of such external sites or resources, and do not endorse or assume liability for any content, advertising, products, or other materials on or available from such sites or resources; and
2. Will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such sites or resources.

14. Apple and Google – App Store Conditions

If you access the Service via the App, you acknowledge and agree:

Where the App is downloaded from the Apple Store:

Your rights to install and use the App are subject to these Terms of Use and the relevant terms in the Apple Store terms of service.
Apple is not responsible for the App in any way, including for any maintenance or support of the App.
To the maximum extent permitted by law, Apple has no warranty obligations with respect to the App.
We (and not Apple) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches their intellectual property rights).
Though this Agreement is entered into between us and you, Apple, as a third-party beneficiary under this agreement, will have the right to enforce these Terms of Use against you.

Where the App is downloaded from the Google Play Store:

Your rights to install and use the App are subject to these Terms of Use and the relevant terms in the Google Play Store terms of service.
Google is not responsible for the App in any way, including any maintenance or support of the App.
We (and not Google) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches their intellectual property rights).

For the benefit of each of us, Apple, and Google, you represent and warrant that:
1. You are not, and will not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country.
2. You are not listed on any US Government list of prohibited or restricted parties.

15. Amendments

These Terms of Use may be amended or replaced from time to time, with or without prior notice to users, by posting updated Terms of Use on the Website. Any updated Terms of Use become effective as soon as they are posted.
If you do not agree to the updated Terms of Use, you must cease using the Service and cancel your Account.

16. Amendments and Updates to the App

We may update or modify the App, its features, or content from time to time to improve functionality or comply with legal requirements.
Whenever we make significant changes or updates that affect how you use the Service, we will notify you via email or an in-App notification.
Continued use of the App after such updates constitutes your acceptance of the new terms.

17. General

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to these Terms of Use.
We may transfer, assign, or sub-license our obligations under these Terms of Use and our rights and obligations without your consent.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full effect.

18. Dispute Resolution

Any disputes arising from these Terms of Use will first be addressed through informal negotiations between the parties.
If the dispute cannot be resolved informally, the parties agree to attempt mediation or arbitration in accordance with the laws of New Zealand before resorting to legal action.
You agree to bear any associated costs unless otherwise determined by the mediation or arbitration process.

19. Definitions

In these Terms of Use, the following terms have the following meanings:

Account means an account within the Service controlled by a user enabling them to use the Service.
App means the application (available via the Apple Store or Google Play Store) through which the Service may be accessed.
Apple means Apple Inc and other companies within its group.
Apple Store means the store/platform operated by Apple making the App available to iOS devices.
Content means content made available to you via the Service, but excludes any User Data.
Google means Alphabet Inc and other companies within its group.
Google Store means the store/platform operated by Google making the App available to Android devices.
Output means the data and information from the Service personalized for you and resulting from the data you have uploaded into the App.
Personal Information means information about an identifiable individual, or an individual whose identity can be reasonably ascertained, from that information.
Privacy Policy means our privacy policy as updated from time to time and found at www.thecoaching.com/privacy-policy.
Service means the coaching service supplied by us via the App.
User Data means any data that you upload into the Service, or that any other person uploads into the Service for you or on your behalf.
Website means the website at www.thecoachinggig.com, including parts or features of that website that can be used or accessed without requiring registration or logging in.