Terms

Introduction

Please read these terms of use carefully before you start to use the Services. By accessing or using Our Services, you indicate that you accept these terms of use and that you agree to be bound by them. Your access to and use of these Services are conditioned upon your acceptance of and compliance with these Terms, our Privacy notice and any other such terms as may be in place from time to time. These Terms are an agreement between you and The Coaching Manual Limited trading as The Coaching Manual and TopTekkers and, on a several basis, our affiliate, The Coaching Manual USA LLC t/a The Coaching Manual (“TCM” “TopTekkers”,“we”, “our” or “us”).

This page (together with the documents referred to on it) tells you the terms of use which govern your access to and use of the websites www.thecoachingmanual.com, https://toptekkers.com and https://toptekkers.club; their subdomains, associated app or apps (“App” or “Apps”); Internet properties owned or operated by TCM (the “Services”, “Site’ or “Sites”) and any information, graphics, text, photos, videos or other materials uploaded to or downloaded from the Site and Apps (collectively the “Content”). We refer to the Site, the App and related Services throughout this policy as the “Services”.

If you do not agree to these terms of use, please refrain from using our Services immediately.

Accessing Our Services

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any aspect of our Services without notice (see below). We will not be liable if for any reason our Services are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Services, or our entire Services, to users who have registered with us.

If you provide personal information to us, by electronically agreeing to our Privacy Policy; and/or our Terms; and/or by using any aspect of our Services including websites or apps you are confirming in writing that you: (i) have provided true, accurate and complete information about yourself; (ii) you will promptly maintain and update such personal information to keep it true, accurate, current and complete, (iii) you consent to us contacting you by email, SMS and telephone on the details you have provided to us. If we have reasonable grounds to suspect that the personal information you have provided to us is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate personal information, including, but not limited to, your failure to receive critical information about the Services.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.

You may not attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of the Services offered on or through the Services by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Services or any network connected to the Site, nor breach the security or authentication measures of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990, or such other legislation as may be available to us depending upon your geographical location and the location of the breach of these Terms. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Text Messages/SMS. EMAIL

As per the Privacy Policy, you have agreed to us utilising your email details for agreed purposes. We will not sell your information.

Our Electronic Agreement to Receive Text Messages; E-Sign Disclosure: When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from us or the operator of our text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.

Who Can Receive Text Messages? By signing up to receive texts, you represent that you are 13 years of age or older and agree to the terms set forth in these Terms of Use, which form a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

Cancellation of Text Messages. To stop receiving text messages from us or a specific operator text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any account, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

When using our Services, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our Services.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Services must always be acknowledged and any of our branding must not be obscured.

You must not use any part of the materials on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.

You agree not to publish, place, or utilise any of our intellectual property in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offence, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind

If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

In terms of Content, whether paid for or otherwise, your obligations are as follows:

not to copy the Content except where such copying is incidental to normal use of the Content, or where it is necessary for the purpose of back-up or operational security;

not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Content or Documentation;

not to make alterations to, or modifications of, the whole or any part of the Content, nor permit the Content or any part of it to be combined with, or become incorporated in, any other programs;

not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Content nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Content with another Content program, and provided that the information obtained by you during such activities:

is used only for the purpose of achieving inter-operability of the Content with another Content program; and

is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

is not used to create any Content which is substantially similar to the Content;

to keep all copies of the Content secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Content;

to include the copyright notice of us on all entire and partial copies you make of the Content on any medium; and

not to provide or otherwise make available the Content in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without our prior written consent.

You must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Content or the Documentation is being kept or used, to the computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with this Licence.

Reliance on Information Posted

Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of our Service, or by anyone who may be informed of any of its contents.

Our Services Change Regularly

We aim to update our Services regularly, and may change the Content at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

You acknowledge and agree that the use of the Services is at your sole risk. You acknowledge that we assume no liability or responsibility for any damage to you, your computer or your other property due to your access to or use of the services or any materials provided on the Services.

While we use reasonable efforts to include accurate and up to date information in providing our Services, we make no warranties or representations as to its accuracy. The information contained in or made available through the Services (including, but not limited to, information contained in messages or text files) cannot replace or substitute the Services of trained professionals in any field, including, but not limited to, physical education, medical or legal matters. We assume no liability or responsibility for any errors or omissions in the content of our sites, or apps.

We make no representation that the materials contained within our Services are appropriate or authorised for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

The Services are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or represent that the information provided under the Services is accurate, complete, correctly sequenced, reliable or timely, or that the Services will be uninterrupted or free of errors and/or viruses. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users of the Services or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Services at your sole risk.

Notwithstanding the aforegoing, to the maximum extent permitted by applicable law, the aggregate liability of us, for any reason and upon any cause of action, arising out of or in any way related to the services or these terms of use shall be limited to direct damages actually incurred by you and shall not exceed the amount actually received by us from you for the use of the Services during the month or year for which you have subscribed in which the event giving rise to such claim occurred. To the maximum extent permitted by applicable law, the limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the site, or any other matter arising from or relating to these terms of use.

To the maximum extent permitted by applicable law, we shall not have any liability for any indirect, punitive, actual, consequential, incidental, special or exemplary damages whatsoever for any reason arising in connection with these terms of use and/or the site, regardless of the basis upon which liability is claimed and even if advised of the possibility of such loss or damage. this limitation is independent of any other limitation set forth in these terms of use.

Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond their reasonable control, including, but not limited to: the acts of third parties, errors in the content or site, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.

The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.

To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms of use, the site, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred. The Services may contain links and pointers to other world wide web sites, resources, and advertisers of the Services. Links to and from the Services to other sites, maintained by third parties, do not constitute an endorsement by us or any affiliate of any third party site or content. We are not responsible for the availability of these third party resources, or their contents. We have not reviewed any or all of the sites linked to our Services and are not responsible for the content of any off-site pages or any other sites linked to the Services. Your linking to the Services, off-site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Services has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. you should direct any concerns regarding any external link to its site administrator or webmaster.

Paying to Use Our Services

A paid licence for particular content or services will be agreed at the point at which you subscribe, re-subscribe, update or otherwise agree to access certain specific aspects of our Services such as TopTekkers organisation, club, player or other access and TCM organisation, club or coach access. All access to our Services remains subject to these Terms and your payment obligations are incorporated into these Terms.

By paying for access to our Services you warrant that: You are legally capable of entering into binding contracts; You are at least 16 years old or have parental consent; You are resident in a country in which use of our site and/or the Content and Documentation will not be deemed unlawful or in breach of any law or regulation applicable to that country; and You are accessing our site from the country of your residence.

If you are contracting as a consumer, you may cancel this Licence at any time within fourteen days, beginning on the day after you licensed the Content and Documentation. In this case, you will receive a refund of the fee paid.

To cancel a paid licence, you must do so through your account settings in your profile or by cancelling the payment with your card provider or by writing to us at By sending an email to help@toptekkers.club or help@thecoachingmanual.com

Our Refunds Policy:

All refunds for non-cancelled subscriptions are provided at our discretion.

It is the users responsibility to manage their subscription.

If you cancel your subscription within the thirty days of signing up to The Coaching Manual and have not used any of our services, we will process a refund to you as soon as possible and on a pro-rata basis (i.e. we will deduct the value of the time between your purchase and the refund request).

All refunds will be processed within 30 days of your refund request. We will usually refund any money received from you using the same method originally used by you to pay the licence fee.

All refunds are subject to a transaction handling fee of 15% of the value of the refund.

Grant and Scope:

In consideration of payment by you of the licence fee and you agreeing to abide by this Licence, we grant you a non-exclusive, non-transferable licence to use the Content on the terms and conditions herein.

You may:

Access the Content for your private purposes only;

Transfer the Content from one computer to another provided it is used on only one computer at any one time; and

Use and copy any associated documentation in support of the use permitted under our Acceptable Usage Policy and the terms herein.

INDEMNIFICATION

You hereby agree to indemnify and hold us, and our affiliates, and each of our respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including lawyers' fees and court costs) arising out of or relating to: (i) your use of the Services, including, but not limited to use of the Sites, the Apps, any Content,; and (ii) any breach or alleged breach of these Terms and associated terms including but not limited to our Privacy Policy

CLASS ACTION WAIVER

SPECIFIC TO THE US

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

We mutually agree that we will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

We further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Services.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of ours to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.

Uploading Material To Our Services

Whenever you make use of a feature that allows you to upload material to our Services, or to make contact with other users of our Services, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Services will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Services.

We have the right to remove any material or posting you make on our Services if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Linking To Our Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Services must not be framed on any other site, nor may you create a link to any part of our Services other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our Services other than that set out above, please contact us.

Links From Our Services

Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Services.

Your Concerns

If you have any concerns about material which appears on our site, please contact us.

Transfer of Rights and Obligations

These terms are binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under these terms, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms at any time.

Entire Agreement

These Terms and any document expressly referred to in them represents the entire agreement between us in relation to the subject matter of these Terms and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing unless we have separately negotiated and acknowledged in writing that these terms are varied or omitted.

We each acknowledge that neither you nor us have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to these Terms being agreed.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date unless such untrue statement was made fraudulently and the other party’s only remedy shall be for breach of contract as provided in these Terms.

Law and Jurisdiction

Any dispute or claim arising out of or in connection with these terms (including non-contractual disputes or claims) will be governed, in the first instance by English Law and subject to the exclusive jurisdiction of the courts of England and Wales unless we concede to the matter being dealt with under such alternative regime as we may reasonably consider to be appropriate in the circumstances if outside of England and Wales.

At all times we shall have the right to decide the matter by binding arbitration or such other means of Alternative Dispute Resolution as we reasonably consider to be appropriate in the circumstances

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