Terms of Use
Last updated: 02.12.2024
Please read these terms of use carefully before using Our Service.
1 Definitions
CoachMatcher: CoachMatcher, with its registered office in Neuheim, Switzerland
Platform: The totality of the services offered by CoachMatcher (mediation of coaches), including the website under the domain CoachMatcher.com and all of its subdomains.
User: individuals who access the platform.
Coaches: The individuals listed as coaches on the online platform.
Coaching session: A structured, goal-oriented interaction between a coach and a user, facilitated through the CoachMatcher platform, focused on personal or professional growth. The session helps users clarify goals, identify challenges, and develop strategies for improvement. It is not to be considered therapy, medical, or legal advice, and users remain solely responsible for the implementation and outcomes of any actions. Unlike therapy, coaching is typically forward-looking, with a focus on unlocking the user’s potential and fostering self-improvement.
2 Acknowledgements
These Terms of Use govern the provision and use of the online platform offered by CoachMatcher for the mediation of Coaches. These Terms of Use may be supplemented by special conditions. In the event of a conflict, the special conditions shall prevail over these Terms of Use: These Terms of Use as amended from time to time, along with the current version and the Privacy Policy, govern the use of the platform.
CoachMatcher provides the online platform only with the unconditional consent of these Terms of Use. If you do not agree with these Terms of Use, you may not use the online platform. By using the platform, you declare, that you have read, understood and agree to be bound to these Terms of Use in their entirety.
3 Platform
3.1 Scope
The purpose of the platform is to connect users to coaches and to facilitate the delivery of coaching sessions:
- The user can register, create a user account, enter personal details, describe symptoms and provide other information. Based on the information provided, the user can be suggested to one or more coaches to arrange a coaching session.
- The user can view the profile pages of the coaches, if necessary search for other coaches and arrange an initial free telephone conversation and/or a first paid session.
- The user can arrange a coaching session with their chosen coach online or in-person. CoachMatcher can provide functions such as (video) call or a chat function, in order to facilitate the implementation of coaching sessions. The coaches can contact users for whom he has been suggested and users that contacted this coaches.
- The user has access to a dashboard through which they can communicate with the coaches and manage his appointments and his user account.
- CoachMatcher may provide content on coaching topics on the platform. This content is provided solely for informational purposes and does not in any way replace coaching by a suitably qualified professional.
The platform is solely responsible for connecting users with coaches and the services, as outlined in Clause 2.1. CoachMatcher does not provide coaching sessions directly; the coaching contract exists exclusively between the coach and the user. CoachMatcher is not responsible for the provision or quality of the coaching sessions.
3.2 Remuneration
The platform is offered to users free of charge. However, coaching sessions are charged by the coach based on their pricing strategy. CoachMatcher endeavors to present pricing details transparently before a session is booked.
All prices displayed on the platform include statutory value-added tax (VAT) where applicable. Users are solely responsible for ensuring they can pay for coaching sessions and must independently verify whether their insurance covers the costs.
For coaching sessions paid through the platform, CoachMatcher includes its commission in the gross price, which is clearly disclosed at the time of booking.
CoachMatcher may offer premium membership plans, which may be subject to additional terms and conditions disclosed at the time of registration.
4 Duties of the User
The user undertakes to provide accurate and truthful information when registering and when scheduling coaching sessions.
The user is aware that making an appointment with a coach is binding and any failure to appear at an an agreed appointment must be notified by means of a cancellation or postponement communicated to the coach in advance. The user is solely responsible for all financial and non-financial disadvantages caused by a non-appearance or a missed or defective cancellation or postponement.
The user may cancel an appointment free of charge up to 24 hours before the session. Any fees already paid will be refunded. If a cancellation is not made 24 hours prior to the consultation session, the fees for the consultation session will be charged to the user in full and a refund is excluded.
The user is reminded repeatedly on the platform that if they are in a life-threatening situation or any other emergency, they should immediately contact the relevant institutions.
5 Duties of the Coach
Coaches registered on the platform agree to the following obligations to ensure the quality and professionalism of the services provided:
5.1 Accurate and Truthful Information
Coaches must provide accurate and truthful information during the registration and onboarding process. This includes, but is not limited to, their qualifications, licenses, professional experience, and areas of expertise. Coaches are required to update their profile promptly if any information changes.
5.2 Licenses and Permits
Coaches are solely responsible for ensuring they possess and maintain the licenses, permits, or certifications required to provide coaching services in compliance with applicable laws. At the time of registration and periodically thereafter, CoachMatcher reserves the right to request documentation verifying these qualifications. Failure to provide the required documentation may result in removal from the platform.
5.3 Confidentiality
Coaches agree to treat all information shared by users during coaching sessions as strictly confidential and to use such information solely for the purpose of providing coaching services. This confidentiality obligation remains in effect even after the coaching relationship or use of the platform ends.
Coaches are required to handle user data in compliance with applicable data protection laws, including the Swiss Federal Act on Data Protection (nFADP). Any breach of confidentiality may result in immediate removal from the platform and further legal action.
5.4 Responsibility for Coaching Services
Coaches acknowledge that CoachMatcher exclusively provides mediation services and is not responsible for the conduct, content, or outcomes of coaching sessions. The coaching contract exists solely between the coach and the user.
Coaches are solely responsible for:
Delivering high-quality coaching services. Adhering to ethical standards and professional guidelines in their practice. Resolving any disputes or issues arising during or after coaching sessions directly with the user.
5.5 Public Profile and Marketing
Coaches consent to the publication of their profiles and information on the platform, which may include photographs, professional details, and user reviews. Coaches acknowledge that this information may also appear in marketing materials promoting the platform.
Coaches must ensure that their profiles are complete, accurate, and free of misleading information. CoachMatcher reserves the right to edit or remove profiles that do not meet these standards.
6 Restrictions on Usage
In addition to any other restrictions which may be set forth in these Terms of Use or otherwise specified, the following activities are expressly prohibited:
- Copying, reproducing, modifying, selling, sublicensing and/or otherwise commercializing the platform as well as their contents;
- Removing, altering, circumventing or interfering with any copyright, trademark or other proprietary notices affixed to the platform or the content contained thereon;
- Using the platform in any manner that may cause harm;
- Using the platform in a way that interferes with access by other users or coaches;
- Engaging in activities that violate applicable laws and regulations;
- Using malicious software or other harmful code;
- Performing data mining, data harvesting, data extraction, scraping or other similar activities in connection with the platform or during the use thereof;
- Accessing the platform through automated systems (e.g., spiders, bots) that place undue strain on the platform's infrastructure;
- Use of the platform to collect personally identifiable data;
- Circumventing measures implemented by CoachMatcher to protect the platform;
- Reverse engineering or attempting to reverse engineer any part of the platform or its contents.
7 Limitation of Liability
7.1 Scope of the Platform
CoachMatcher recruits coaches with reasonable diligence and verifies their qualifications at the time of onboarding. However, CoachMatcher cannot guarantee the continued validity of such qualifications during the coach’s listing on the platform. The coaching relationship exists solely between the user and the coach, and CoachMatcher is not liable for the outcomes or content of coaching sessions.
CoachMatcher disclaims any liability for direct or indirect damages, including financial losses, arising from the use of the platform, except in cases of gross negligence, willful misconduct, personal injury, or other instances where liability cannot be excluded under Swiss law.
In the event of emergencies, CoachMatcher advises users to seek immediate assistance from competent institutions, as the platform is not designed for urgent or emergency situations. CoachMatcher assumes no liability for delays or lack of availability of coaches in such scenarios.
7.2 Use of the Platform
The platform and all content, data, and materials provided are made available on an “as is” and “as available” basis. CoachMatcher makes no warranties, express or implied, regarding the timeliness, accuracy, reliability, completeness, or fitness for a particular purpose of the information provided on the platform.
Users are responsible for ensuring they have a functional internet connection and adequate technical resources to access and use the platform. While CoachMatcher takes reasonable measures to secure user data and ensure smooth platform functionality, it cannot guarantee complete data security or uninterrupted service.
CoachMatcher disclaims liability for any direct or indirect damages, including but not limited to financial losses or data loss, resulting from platform use, to the extent permitted by Swiss law. For details on how personal data is handled, users are referred to the Privacy Policy.
Users and coaches agree to indemnify CoachMatcher against any and all liabilities, costs, claims, causes of action, damages, and expenses arising from their breach of these Terms of Use, to the extent permitted by law.
7.3 Third Party Content and Links
The platform may contain third-party content and links to third-party websites. CoachMatcher assumes no responsibility for the content of such third-party websites and disclaims any liability in this context. If CoachMatcher becomes aware of any legal violations on linked websites, such content will be promptly removed.
8 Intellectual Property
CoachMatcher owns and retains all rights, title and interest in all information and content (including text, data, graphics and logos) on the platform. This also includes the design and structure of the platform. Without prior written permission, no content from the platform may be modified, copied, transmitted, distributed, or otherwise used for any purpose, commercial or otherwise. All rights are reserved.
Systematic retrieval of content from the platform without express written permission is strictly prohibited.
Users are granted a limited, non-exclusive, non-transferable, right to use the platform for internal, non-commercial purposes subject to the restrictions outlined in these Terms of Use.
9 Privacy Policy
The protection of user privacy is a top priority for CoachMatcher. The platform collects personal data strictly as necessary for providing and improving the service, in accordance with the Swiss Federal Act on Data Protection (nFADP).
By accepting these Terms of Use, users explicitly consent to the collection and processing of any personal data shared during their use of the platform, including sensitive data related to health. This consent allows CoachMatcher to share relevant information with coaches to facilitate coaching sessions.
Coaches on the platform agree to treat all information shared by users during coaching sessions as strictly confidential and to use such information solely for the purpose of providing coaching services. This confidentiality obligation shall remain in effect even after the coaching relationship or the use of the platform ends. Coaches are further required to comply with all applicable laws and regulations concerning the handling of personal and sensitive data.
For detailed information on how personal data is collected, used, and protected, users are referred to the Privacy Policy.
10 Changes
CoachMatcher reserves the right to amend these Terms of Use at any time. Changes will be communicated through the platform or via email at least 7 days before they take effect. Users and coaches who do not agree with the updated terms must notify CoachMatcher in writing within this 7-day period.
If a user or coach rejects the changes, CoachMatcher may terminate their access to the platform or discontinue their services. Continued use of the platform after the 14-day period constitutes acceptance of the amended terms.
11 Final Provisions
If any part of these Terms of Use is found to be unlawful, void or otherwise unenforceable, the remaining provisions will remain in effect.
These Terms of Use are governed by Swiss law, with Neuheim, Switzerland as the exclusive jurisdiction for disputes, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
12 Contact
If you have any questions about these Terms of Use, please contact:
CoachMatcher Argam & Stoffel
Neuhofstrasse 31
6345 Neuheim
Switzerland