Terms of Service Last revised on July 26, 2011
Your relationship with Noomii
The term “Noomii” or “PairCoach” or “us” or “we” or “the Company” or “our Company” refers to the owner of the Website, PairCoach Enterprises Inc., whose principle place of business is 305 - 896 Cambie St., Vancouver, British Columbia, V6B 2P6, Canada. The Company is incorporated under the Canadian Business Corporations Act, corporation number 676403-7, and registered extra-provincially in British Columbia under number A0071080. The term “you” refers to the user or viewer of the Website.
Accepting the Terms
In order to use the Website, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Noomii in the user interface; or (b) by actually using the Website. In this case, you understand and agree that Noomii will treat your use of the Website as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age in your jurisdiction of primary residency to form a binding contract with Noomii, or (b) you are a person barred from receiving the Services under any relevant laws of any jurisdiction that affects you.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of yourself or of any content you may contribute to the Service. Noomii reserves the right (but not the obligation) to terminate such accounts, and in cases of misappropriation of identity or fraud, take all further legal action as we deem appropriate.
Changing the Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.
Using the Service
If you have registered with Noomii, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password regardless of who actually uses your account name or password.
Once you have registered with the Service you may choose to be a recipient of coaching services offered by a Pro Coach (as hereinafter defined). At any one time, you can have an unlimited number of Pro Coaches. You agree that all interaction with your Pro Coach(es) (as applicable) shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. You shall also keep all personal information that you learn or discover from any member or Pro Coach as completely confidential, and shall not disclose this information to anyone without the permission of the member or the Pro Coach. Exceptions to this are situations where: (a) you have a relationship with more than one Pro Coaches in which case your Pro Coach(es) may all communicate with each other but to no other party; (b) where required by law; (c) in situations where an imminent risk to someone may be involved; or (d) with express permission from us.
The Website and the Services offered herein are provided solely as a forum and technical means to connect two people interested in having a coaching conversation and does not represent itself as being licensed to provide counseling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional accreditation.
You are advised that there are clear boundaries surrounding the responsibilities between coaching and psychotherapy, counseling, or other medical treatments in psychology and psychiatry. Specifically, coaching involves providing education and guidance to those seeking to learn and implement a self-directed discovery process respecting their own lives. However, it is important to understand that this is different than psychotherapy, counseling, or other medical treatments in psychology and psychiatry. While both utilize knowledge of human behavior, motivation and behavioral change and interactive techniques, the major differences are in the goals, focus, and level of professional responsibility. Psychotherapy, counseling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to render. This is not true for coaching. The focus of coaching is development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational skills, and other similar techniques. However, coaching does not encroach into the areas involving use of skills that only licensed professionals are permitted to deliver. Coaching does not diagnose or treat mental health disorders. It is your responsibility to manage your own mental health, including obtaining necessary exams and ongoing support as needed. Coaching should be seen as a supplement to such a support system but not as a replacement for it.
In situations where you are under the care of a professional counselor or medical practitioner and conflict arises between the recommendations of those professionals and your coach, you have the responsibility to follow the guidance of the professionals.
We do not sponsor, endorse, recommend or approve of any coach, therapist or other related service provider who offers services through this Site. Specifically, we do not endorse any Pro Coach members merely because they have signed up as a Pro Coach member. You should use your independent judgment of the merits of any individual, entity or information that you find on or through this Site. The Company cannot and does not represent or warrant that any coach, therapist or other related service provider who offers services through this Site is licensed, qualified, or capable of performing any such service.
Neither Noomii nor any third parties provide any warranty or guarantee as to the timeliness, accuracy, performance, completeness or suitability of the information or material found or offered on the Website provided by any coach, therapist or other related service provider. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which Noomii shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information which may include offers to buy or use other products or services. We have no responsibility for the content of the linked websites or any products or services used or purchased though them.
Ownership of Content
Although Noomii owns the code, databases, and all rights to the Noomii website application, you retain all rights to your data.
You acknowledge and agree that any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Website or to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer and Limitations on Liability
The Website, the Service, and the Website content are provided “as-is” and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website or the Service. Company does not represent or warrant that the content on the Website is accurate, complete, reliable, current or error-free or that the Website is free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk. In no event will the company or its directors, officers, advisors, employees, contractors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service.
For greater clarity, Noomii shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, liability arising out of or in any way connected with or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise. Under no circumstances will the Company be responsible for any loss or damage or personal injury or death resulting from anyone’s use of the Site or the Service or any interaction between users of the Site, whether online or offline.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By visiting or using the Site and the Service, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the provincial and federal courts of British Columbia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the provincial and federal courts of British Columbia.
Noomii also provides a set of professional coach features that enable professional life coaches to market their services, provide expert advice to Noomii members, and manage one or more on-going coaching client relationships.
Pro Coach services are offered in the following packages:
- Pro Coach Free
- Pro Coach Basic
- Pro Coach Premium
- Pro Coach Premium Plus
A Pro Coach member chooses to subscribe to ONE (1) of the above at a time.
Details of what each package contains is set forth in more detail in our website.
Pro Coach Representations and Warranties
Throughout the time during which you are applying for or are registered for a Pro Coach package, you represent, warrant and agree to the following:
- You will not make any misrepresentations nor create a misleading name or listing.
- You will at all times provide correct and accurate representations of your skills, degrees, qualifications, background and other information and will maintain and update all such information to keep it true, accurate, current and complete.
- You will not provide any medical or mental health advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
- You must exercise a very high standard of care, equal to that of an experienced, professional coach would in a similar transaction not conducted through the internet, or to the standard of care mandated by the professional associations for which you are a member, whichever is higher.
Noomii makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any coaching services given by the Pro Coach. Therefore, you, the Pro Coach, are encouraged to verify the details and credit-worthiness of those Members to whom you give or contemplate giving life coaching services.
Pro Coach Disclaimer of Warranty and Limitation of Liability
All users of Pro Coach services, whether it is the Pro Coach member or the recipient of the Pro Coach’s services (the “Recipient”) do so at their own respective risks. Under no circumstances will Noomii, PairCoach, their affiliates and respective officers, directors, shareholders, employees, sub-contractors or agents be liable for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the Services or any other use of this Website.
As a Pro Coach, you acknowledge and agree that Noomii disclaims any liability with respect to any claim, suit or action brought by a member in connection with the provision of any life coaching services by you through Website and you agrees to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom. We will not be liable for enforcing any Agreement that was made between you and any Recipient or other member, including fee agreements. You further acknowledge that you will solely be responsible and liable for any damages to any member to whom you provide life coaching services and where that member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through the Website, you hereby releases Noomii and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which you may have against one or more of the above.
Pro Coach Confidentiality
Once you have registered as a Pro Coach, you will be able to offer your services to Recipients. Recipients can only have one Partner at a time and multiple Pro Coaches at a time. You agree that all interaction with the Recipient and the Recipient’s Partner (as applicable) shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. You shall also keep all information that you learn or discover from any Recipient, Recipient’s Partner, or Recipient’s other Pro Coaches as completely confidential, and shall not disclose this information to anyone without the permission of the Recipient, the Recipient’s Partner, or the Recipient’s other Pro Coaches. Exceptions to this are situations where: (a) you are legitimately using the Pro Coaching services hereinafter defined in which case you, the Recipient, the Recipient’s Partner, and the Recipient’s other Pro Coaches may all communicate with each other but to no other party; (b) where required by law; (c) in situations where an imminent risk to someone may be involved; or (d) with express permission from us.
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments are collected monthly in advance of the professional coach services being provided. We will automatically bill your credit card and issue a billing statement each month. We reserves the right to modify the fees and charges and to introduce new charges at any time, upon at least THIRTY (30) DAYS prior notice to you, which notice may be provided by e-mail.
If you upgrade from a paid package to a more expensive package, you will be charged the new rate immediately and your recurring billing date will be adjusted to the date you last upgraded. For example, if you upgrade on January 1st and then upgrade to a more expensive package on January 15th, your next automatic credit card charge will occur on February 15th (or the next business day should the 15th fall on a weekend or statutory holiday). If you cancel your account or downgrade to a non-paying account, the changes to your account will take effect immediately and you won't be charged again. Noomii does not require long-term contracts or provide refunds. Please read our refund policy for more details.
Fees for other services will be charged on an as-quoted basis. All prices quoted are in US dollars.
You agree to provide us with complete and accurate billing and contact information. You agree to update this information within THIRTY (30) DAYS of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your Pro Coach membership.
Credit System for Bidding on Potential Recipients of Coaching Services
Noomii has developed a credit system for bidding on individuals who have expressed an interest in becoming a Recipient of coaching services. Pro Coaches are provided a monthly allotment a credits each month as long as they remain on one of Noomii's paid packages.
Noomii credits do not have cash value. They can not be redeemed for money, traded, or given away.
Noomii reserves the right to change or remove its credit system at any time without notice, including the removal of any unused credits.
Non-Payment and Suspension
If your account becomes delinquent (falls into arrears) for more than TWO (2) WEEKS, we will restrict access to your paid Pro Coach membership features and downgrade you to the Pro Coach Free account. To reactivate access to your data and subscribed Pro Coach features, you may do so at any time by providing updated payment information and paying all outstanding charges.