Terms of use for FlexHub coaching clients
In these terms of use, “we” “us” and “our” refers to FlexCareers Pty Ltd (ACN 603 858 706).
These terms of use, as amended from time to time, are the terms and conditions for your use of our FlexHub platform, website and associated online channels (Website) and your use of our coaching placement service (Service).
You can use our Website and Service to find coaches who are registered on our FlexHub platform to provide coaching to your employer’s staff.
By accessing and using the Website or Service, you acknowledge that you have read, understood and agree to be bound by these terms of use (Terms).
1. How to use our Website and Service
1.1As a coaching client, you can use our FlexHub platform to identify coaches to provide you with coaching services.
1.2 Coaches have provided bios to us setting out their experience and qualifications. You can review this information to select a coach.
1.3 Information in the coaches’ bios is provided “as is” based directly on the information provided to us by the applicable coach. We do not check and are not responsible for the accuracy or completeness of any information provided by a coach.
1.4 Once you have selected a coach, you can contact the coach directly to arrange coaching sessions. We don’t provide the coaching sessions and are not responsible for the coach’s performance.
1.5 You must ensure that you have approval from your manager before booking coaching sessions.
1.6 Payment for coaching sessions will be arranged directly between your employer, us and the coach.
1.7 You must inform the coach promptly if you need to cancel a session. If you give less than 24 hours’ notice, fees for the session will still apply.
1.8 You must not use our Website or Service generally to engage in unlawful, offensive, discriminatory or harassing behaviour. You must treat our personnel and coaches courteously and respectfully in coaching sessions and in your interactions with us.
1.9 If you submit information on the Website for coaches to review, you warrant that the information is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory or offensive and complies with all applicable laws.
1.10 We may include a function for you to provide a rating (with or without comments) for coaches you have used. If you use the rating, you warrant that the information you provide is accurate, not misleading, not defamatory, does not infringe third party intellectual property rights, is not discriminatory and complies with all applicable laws.
2. Requirement for use of the Website and Service
2.1 You must use the Website and Service in accordance with these Terms. By using the Website and Service you warrant that you are over 18 and legally capable of entering into a binding contract.
2.2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).
2.3 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
2.4 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
2.5 You must not use the Website or Service for any unlawful purpose or fraudulent purpose, or interfere with the Website’s operation or security.
2.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
2.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
2.8 We may change the Website and the Service from time to time at our discretion.
3. Information on the Website
3.1 The Website may contain links to or advertisements from other third party websites.
3.2 We do not endorse the content of these advertisements or websites nor provide any warranties regarding the accuracy of their content.
4.Disputes
4.1 We do not accept any responsibility for any quality issues, non-performance, inadequate performance or other issues in relation to a coach’s performance. You should first raise any issues directly with the coach. If the issue is not resolved, please contact us and we will try to facilitate a resolution in our discretion.
4.2 In the case of any dispute or difference arising in relation to these Terms (Dispute), the Dispute will first be discussed between you and us. If we cannot jointly resolve the Dispute within 10 business days, the Dispute will be referred, at the request of either party, for mediation in accordance with the rules and procedures of the Australian Disputes Centre (ADC), by a mediator appointed by the ADC.
4.3 Each party must continue to perform its obligations during the period of any Dispute, except to the extent prevented by the nature of the Dispute.
4.4 Each party must bear its own costs of the mediation.
4.5 A party must not commence any proceedings, other than an application for urgent interlocutory relief, until it has complied with the provisions of this clause.
5. Privacy and personal information
5.1 Personal information that you provide to us is treated in accordance with our Privacy Policy.
6. Liability
6.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights, or your fraud, negligence or misrepresentation.
6.2 To the extent permitted by law and except as set out in these Terms, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website or the Service. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
6.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website or Service for any purpose.
6.4 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise.
6.5 Our liability to you for loss or damage of any kind arising out of the Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.
6.6 Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You may have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the service. For a minor failure, we may choose to provide you with a refund or re-supply the Service.
6.7 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
6.8 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
7. Intellectual property
7.1 The contents of the Website are the intellectual property of us and our licensors, and you must not copy or reproduce them.
7.2 Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.
7.3 When you provide any content to the Website, such as a profile, review or posting, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content.
8. General
8.1 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. By using our Website and accepting these Terms you agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
8.2 If any provision of this agreement is found to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, that provision is deemed to be omitted without affecting the remaining provisions, which will continue in full force and effect.
8.3 These Terms may be updated from time to time. You should check the Website for any changes.