Rest Less Coaching Directory - Terms and Conditions

Updated: 19th June 2020

These Terms and Conditions govern your relationship with Rest Less. Please read them carefully.

  1. The following definitions apply:

“Coach” and “You” means the person, firm, company or organisation subscribing to, offering and providing coaching services via the Rest Less Coaching Directory.

“Coachee” means any individual who contacts the Coach to request information or services via the Coaching Directory.

“Coaching Directory” or “Directory” means the section of the Rest Less website that contains Profile Pages of Coaches where Coachees can search for and contact Coaches.

“Commencement Date” means the date that Rest Less advises the Coach that their application to be listed in the Coaching Directory has been accepted.

“Listing Period” means the duration of time that a Coach has paid to advertise their services on the Rest Less Coaching directory for.

“Profile Page” means the information provided pertaining to a specific Coach or coaching business.

“Rest Less” or “We” means Intrepid Owls Ltd, a company registered in England and Wales with company number 11402887. Registered address being Alpha House, 100 Borough High St, London SE1 1LB. VAT Reg No. 301 5191 51.

“Services” means the provision of a Profile Page within the Coaching Directory, where Coachees may make contact with Coaches.

“Subscription fee” means the fees and charges paid by a Coach in exchange for listing themselves on the Coaching Directory – Subscription fees are set out on our website and may be amended from time to time.

“Terms” means these terms and conditions.

“Verification” or “Verification Checks” mean the assessment and verification of a Coach, carried out before listing their services on the Rest Less Coaching Directory, for quality purposes.

  1. Rest Less offers a Coach Directory service whereby the Coach’s Profile Page will be displayed on the Coaching Directory within the Rest Less Website.
  2. By accepting these Terms, the Coach agrees for Rest Less to publish their details on their Website, as agreed between the Coach and Rest Less from time to time.
  3. In return, the Coach agrees to pay a Subscription fee to Rest Less.
  4. Coaches will be required to undergo a Verification Check prior to their Profile Page being published on the directory. Rest Less reserves the right, at its sole discretion, not to publish any Coach Profile Page, which it deems not meet its strict criteria for ensuring a high quality of service to its members. In the event that the Rest Less Verification Checks are not met, a full refund of any pre-paid Subscription Fees will be provided to the Coach. Verification checks include, but are not limited to:
    • Completion of stated coaching-related qualifications, where training has equalled or exceeded 50 hours of training contact time and included assessment of coaching skills
    • Membership of stated professional body
    • Tenure of Relevant Insurances, with Professional Indemnity and Public Liability as a required minimum
    • Identity and background, as stated.
  5. You agree that you will not:
    • Impersonate another person, or his or her email address
    • Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself
    • Share your confidential profile login or password details
    • Post content that you do not own or do not have the right to post
    • Post content that is defamatory, libellous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience
    • Act in a manner that is harassing, threatening, abusive, racist or bigoted, or is otherwise objectionable (as determined at our sole discretion)
    • Promote or endorse illegal activities
    • Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions
    • Disclose information in violation of any rights of any third party
    • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party
    • Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner.
  6. You agree to:
    • Advise us immediately if there are changes in anything that might affect your Profile Page, or inclusion in the Directory, such as, but not limited to:
      • A change in your professional membership status
      • Lapse in your insurance
      • Any complaints made about your professional services
      • If anyone makes or threatens to make any claim against you relating to your use of the Coaching Directory.
    • Advise us if any information requires updating on your Profile Page by emailing us at [email protected] or by logging into your account.
    • Allow us to contact you for anything related to the listing of your Profile Page on our Coaching Directory.
  7. Rest Less reserves the right to decline any application for listing a Profile Page, at its sole discretion, without providing a reason.
  8. Once listed, we will provide you with a Profile Page, where you may promote your coaching services. This will contain, but is not limited to:
    • A list of the services you offer
    • Your qualifications
    • Your professional body membership(s)
    • Links to social media and your external website, if applicable.
  9. From time-to-time, we will promote the Coaching Directory to the Rest Less member base.
  10. The Coach remains responsible for the content of their Profile Page and will indemnify Rest Less against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
  11. By submitting or authorising us to display any content on the Rest Less Coaching Directory, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. No compensation will be paid with respect to the content or information that you post through the Rest Less Coaching Directory. You should only submit content and information to us that you are comfortable sharing with others under these terms and conditions.
  12. None of the content available on any of the Rest Less Coaching Directory may be copied or reproduced in whole or in part, or otherwise made available, altered in any way, or transmitted or distributed to any other party without the prior written consent of Rest Less. ‘Rest Less’ is a registered trademark of Intrepid Owls Ltd. All trade marks, trade names and logos used across the Rest Less Coaching Directory remain the property of Rest Less.
  13. Nothing in these terms and conditions gives us any rights in, or to, any intellectual property rights or content contained in your listing except for the right to display the listing on our site until it is removed from the Directory. We have the right to use, publish and reproduce any testimonials, articles, events, contributions and other similar material you provide to us, even after the contract ends.
  14. We will not be liable for, and accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect, special or consequential damages or losses whatsoever) arising from your use of or supplying your services via the Rest Less Coaching Directory, whether such losses arise in contract, negligence, tort or otherwise and including without limitation to the foregoing, any losses in relation to your use of, reliance upon or inability to use any of the Rest Less Coaching Directory.
  15. By using the Rest Less Coaching Directory, you agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Rest Less Coaching Directory
  16. We may make changes to the Coaching Directory from time to time, without notifying you. This may include, but is not limited to design, layout, functionality, searchability, availability.
  17. The Coach is responsible for verifying any Coachees who make requests via the Coaching Directory and Rest Less accepts no responsibility for any such request. Rest Less does not offer any representation or warranty as to the suitability or honesty of any Coachee.
  18. All and any dealings between the Coach and the Coachee are the responsibility of the Coach, and Rest Less accepts no liability whatsoever therewith. The Coach will indemnify Rest Less against any losses in connection therewith.
  19. The Coach will comply with all applicable laws, including but not limited to current data protection legislation. The Coach shall indemnify Rest Less against any Losses in connection therewith.
  20. Rest Less reserves the right in its sole and absolute discretion to remove any Profile Page at any time without stating a reason.
  21. Rest Less shall issue an invoice to the Coach for the Subscription to the Coaching Directory. The Coach shall pay Rest Less invoices in full prior to the Profile Page being listed on the Directory. In the event of late payment, Rest Less may terminate or suspend the Services until payment is received and all outstanding invoices shall become payable immediately.
  22. Subscription fees are listed on the website and may vary from time to time, details of which will appear on your invoice. At least one month’s notice of any increase in fees at the end of the Listing Period will be provided and that no such change shall be retrospective.
  23. At the end of the Listing Period for which you have paid, and subject to the other provisions of these Terms, your Listing Period will be automatically renewed and you must pay to us the applicable Subscription Fees, unless you cancel by emailing us at [email protected] or by using the cancellation facility on our website before the date of renewal. You will be notified when your Listing Period is due for renewal.
  24. Either party can terminate the Services by providing at least 1 months notice in writing prior to the end of the Listing Period. At the end of the Listing Period, the Profile Page will be deactivated and removed from the Coaching Directory. Any outstanding invoices are still liable for payment.
  25. The Coach may ask Rest Less to remove its Profile Page, prior to the end of their Listing Period. Rest Less will endeavour do this within 48hrs of such request being made to [email protected]. In such a scenario, no refund will be due for any unused part of a Coaches Listing Period.
  26. Rest Less may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time, provided that 1 months notice of the changes is provided to the Coach in advance and that no change shall be retrospective.
  27. Rest Less reserves the right to change the Subscription fees and/or these Terms from time to time, provided that 1 months notice of the changes is provided to the Coach in advance and that no change shall be retrospective.
  28. Without prejudice to any other remedy, Rest Less reserves the right to stop provision of the Services to the Coach immediately, without liability if, in its opinion:
    • the Coach has not provided full or accurate information;
    • there is a material or persistent breach of these Terms by the Coach
    • Rest Less considers the Coach is acting inappropriately or illegally;
    • the Coach fails Rest Less Verification process, or defaults on payment;
  29. Rest Less cannot guarantee that the Website and/or the Services will be available at all times or that the Website will be free from errors, viruses and/or other harmful applications
  30. Rest Less cannot guarantee that the listing of a Coaches Profile Page or that the Services will generate any responses or results.
  31. For the sake of clarity and the avoidance of doubt, the Coach acknowledges that they are acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by Rest Less. It is the Coach’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for processing any personal data.
  32. Rest Less shall not be in breach of these Terms if events beyond its reasonable control prevent Rest Less from performing the Services.
  33. These Terms contain the entire agreement and understanding between Rest Less and the Coach. The Coach acknowledges that they have not relied on any representation made by Rest Less in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
  34. In the event that the Coach makes a claim against Rest Less for whatever reason, Rest Less liability (if any) shall not exceed the Subscription Fees paid by the Coach for the Services. Under no circumstances shall Rest Less be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Rest Less’ liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
  35. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
  36. Notices to Rest Less shall be sent by email to [email protected]
  37. From time to time Rest Less will contact Coaches and Coachees in order to evaluate the service they receive and also to promote Rest Less’ services and products.
  38. A waiver of any right under these Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Terms shall constitute a waiver of that or any other right or remedy.
  39. Nothing in these Terms is intended to, or shall be deemed to establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in anyway.
  40. A person who is not a party to these Terms shall not have any rights to enforce them
  41. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales and should be read and accepted in conjunction with our Full Terms and Conditions, Privacy Policy and Cookie Policy

Good luck with your application

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By providing your email you agree to receive emails and communications from us and acknowledge that your personal data will be used in accordance with our Privacy Policy and Terms and Conditions. You can unsubscribe at any time through the link in our emails.

Good luck with your application

Before you go, we’d love to stay in touch to find out how you get on. Sign up to Rest Less today to get the latest jobs, learning, volunteering, financial planning and lifestyle resources sent straight to your inbox.

By providing your email you agree to receive emails and communications from us and acknowledge that your personal data will be used in accordance with our Privacy Policy and Terms and Conditions. You can unsubscribe at any time through the link in our emails.