Please read carefully.

 

 

Career Safari (herein referred to as “Platform”), located at www.thecareersafari.com, agrees to provide Program, Career Safari Coaching, (herein referred to as “Coach Program”) identified in online commerce shopping cart. By purchasing this product you (herein referred to as “Client”) agree to the follow terms stated herein.

 

This TERMS OF SERVICE specifies the scope of services we provide on the Platform and which services are available through the website.We may update these TERMS OF SERVICE from time to time, and your continued use of the Platform constitutes your acceptance of and adherence to any and all updates.

By completing a registration form and by submitting  the "request to book" checkbox during the registration process or by using the Platform, you agree that you have read this Terms of Service and agree to fully comply with and be fully bound by this Terms of Service by this Terms of Service and platform Privacy Policy incorporated as part of this Terms of Service. This Terms of Service constitutes an entire agreement between you and Career Safari. 

 

You assert that you are of legal age (18 Years Old) and have the power and competency to enter into and comply with these Terms of Service. This Platform is not for persons under the age of 18 years old. If you are under the age of 18 years old, do not use this platform and exit immediately. 

 

1. Definitions

• 1.1. ‘User’or ‘you’means any person who accesses or uses the Platform, including any site visitor.

• 1.2. ‘Client’ refers to a user who created an account to receive coaching services.

• 1.3. ‘Coach’refers to a user that is listed as a coach on Platform.

• 1.4. ‘Coach Program’ means any service provided by Coach though the Platform.

• 1.5. ‘Services’ means all services provided by and accessible through the Platform (including but not limited to software, messaging systems, video conferencing systems and other online services used to facilitate Sessions).

• 1.6. ‘Content’ means any comments, remarks, data, feedback, content, text, photographs, images, video, music, media or other information that User publishes to Platform.

• 1.7. ‘Session’ means any online video call between a Coach and Client for the purpose of providing Coach Program.

• 1.8. ‘Fee’ means the combination of the Coach Fee and Platform Fee paid by Client. Fee is collected by the Platform.

• 1.9. ‘Coach Fee’ means fee for the provision of Coach Program. Coach Fee is calculated by multiplication of the hourly charge, the platform fee. 

• 1.12. ‘Parties’ means Coach and Client, collectively.

 

 

2. General

• 2.1. The Platform is a marketplace where you can find Coaches for your learning purposes. Coaches and Client can book and hold Sessions and exchange Content.

• 2.2. The Platform will, to the best of Career Safari's ability, maintain functioning Services, safety and security of Users. The Platform endeavors to render commercially reasonable technical support services and maintenance relating to the Services.

 

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3. Acceptable Use of Platform

• 3.1. Any User who created an account with the Platform shall (1) comply with these Terms of Service; (2) hold account login information confidential; (3) immediately inform on any illegal or unauthorized activity or a security breach (including but not limited to any loss, theft, or unauthorized disclosure or use of a username or password); (4) be responsible for all activities that occur under respective account; (5) not share your account information with anyone; (6) provide all equipment and software necessary to connect to the Platform, including, but not limited to, a mobile device that is suitable to connect with and use the Platform; and (7) be solely responsible for any fees, including Internet connection, that User incurs when accessing the Platform.

• 3.2. Any User shall not (1) permit any third person to access or use a username or password for the Platform; (2) upload to the Platform any file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads Content stored within the Platform or on the hardware of Career Safari, an affiliate of Career Safari, or any third party; (3) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Platform; (4) access the Platform with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Service; or (5) create accounts by any means other than Platform interface (e.g. scraping, creating accounts in bulk).

• 3.3. Any User shall not upload, post, transmit, or otherwise offer any Content which (1) may be considered illegal, harassing, aggressive, abusive, tortious, defamatory, vulgar, offensive, libelous, or invasive in relation to another person or a group of persons, or which is hateful, and/or racially, ethnically, or otherwise offensive; (2) may harm minors in any manner; (3) may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; (4) does not belong to User pursuant to the law or in accordance with any contractual or fiduciary relationship; (5) interferes with or disrupts any Platform Services; or (6) intentionally or unintentionally violates any local, state, federal, national or international law.

• 3.4. The personal information and personal statements provided by User shall be accurate, up-to-date and in no way misleading. Platform does not bear any responsibility regarding any errors in such information.

• 3.5. Failure to comply with these TERMS OF SERVICE may result in taking all or any of the following actions: (a) Immediate, temporary or permanent withdrawal of your account and the right to use Platform; (b) Immediate, temporary or permanent removal of any Content uploaded by you to Platform; (c) Issue of a warning to you; (d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, administrative and legal costs) resulting from the breach; (e) Further legal action against you; or (f) Disclosure of such information to law enforcement authorities as we feel is necessary.

• 3.6. Platform excludes liability for actions taken in response to breaches of these TERMS OF SERVICE. The responses described above are not limited, and we may take any other action we deem appropriate.

• 3.7. You are responsible for closing your account when you no longer require Platform Services. Hiding your profile from public view will not close your account.

 

 

4. Session booking

• 4.1. Prior to booking, the Client shall perform a search of Coaches through the Platform. Client is responsible for analysis and evaluation of Coaches profiles. The Platform does not check the suitability of each Coach before setting their profile live on the Platform. Client is solely liable for analysis, evaluation, and checking of the references, expertise, credentials, references, insurance policies and qualifications of any Coach with whom they book a Session.

• 4.2. Upon connecting to the Coach, the Client can review such Coach’s calendar and book a free 30 minutes trial Session.

• 4.3. Any booking shall be considered effective upon acceptance by the Parties. To confirm booking for Session with a Coach,the Client must enter valid payment details, with sufficient funds to cover the bookings (except trial booking). Coach can confirm booking (1) manually; or (2) by choosing automatic confirmation option.

• 4.4. Any Session has to be booked at least 10 days in advance. The Client has up to 24 hours before the Session with a Coach commence to cancel booking. Otherwise, Client shall not be reimbursed for the Session.

• 4.5. When confirming booking with a Coach, the Client authorizes the Coach to (1) make further bookings on their behalf as per the Client's instructions.

• 4.6. After trial Session, the terms of further Sessions shall be arranged between Coach and Client. Either Client or Coach shall make a further booking.The terms and conditions between the parties shall be affirmed in the separate contract. The Platform does not provide any guarantees and does not bear any liability for the contractual relationships between parties.

 

 

5. Session

• 5.1. Before the Session begins, both parties should log in and join Session. 

• 5.2. Both Parties agree to arrive no later than 5 minutes after the scheduled start time of Session. If Client arrives later than 5 minutes after the scheduled start time, this time will be deducted from Client's limited and predefined Session time. If Coach arrives later than 5 minutes after the scheduled start time, Coach will not receive payment for that segment of time when Coach was not present. If Session ends prior to the scheduled, end time, Coach will be liable to Client to provide the remaining, coaching time at another Session for such Client. Sessions will automatically terminate after the predefined, allocated time. Should a Client wish to extend a Session, Coach must agree on Coach’s availability, by authorizing Career Safari to charge Client overtime fees.

• 5.4. The Session is charged on a per hour basis. If Session is held for less than booked time, the time is saved. If Coach ends Session more than 5 minutes before it should formally end, the time is saved. Client can book another Session to use saved time.

• 5.5. Client shall provide Coach with all reasonably requested information, necessary for the successful performance of the Session.

• 5.6. Coaches will make the Coach Program calendar accessible and visible for Client to schedule Sessions with such Coach through Platform, directly. Upon receiving a Session request (whether for a single Session, repeating Session or multiple Sessions) from Client, Coach will have the option to accept or reject such request. If Coach does not accept the Session request within 24 hours, such Session will not be booked nor confirmed.

 

 

6. Payments

• 6.1. All fees include any applicable VAT or other sales tax. Any amount Career Safari is required to collect or withhold for the payment of taxes shall be collected, in addition to all fees owed pursuant to this Terms of Service. Coaches are responsible for reporting their income from Platform to the applicable jurisdictions and paying all associated taxes to the applicable government authorities. For the avoidance of doubt, Career Safari will use the conversion rate established by [the United States Federal Reserve] when determining the collection and withholding of such taxes, on the date of such tax transactions at the end of the business day.

• 6.2. The Platform uses the Stripe as payment processing services.

• 6.3. In the case of Stripe failing to make a successful charge due to insufficient of funds, the Platform shall cancel the scheduled Session.

• 6.4. In a case when scheduled Session was not held, the Client may request refund of the paid Fee. You are informed that you have a period of seven (7) working days, starting from the time of your first purchase on the Platform to obtain a full refund of your purchase. However, this right is lost should you access and or use an element of the Services you purchased.

 

 

7. Coach Undertakings

• 7.1. Coach is solely responsible for her decision to offer its services on the Platform.

• 7.2. Coach is solely responsible for the setting of its Coach Fee with the Platform.

• 7.3. Coach agrees to and understands that Client reviews are part of a User’s public, Platform profile and may also surfaced elsewhere on the Platform, together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

• 7.4. Coach agrees and understands that the Platform has a rating system. If a Coach receives five (5), consecutive, negative, public feedback reviews, Career Safari will conduct an investigation to determine whether such Coach account shall be terminated by the Platform. Career Safari has the right to immediately terminate such Coach’s account at the end of such investigation.

• 7.5. Coach understands and hereby acknowledges that Coach is not an employee of Career Safari, nor is it entitled to any employee benefits from Career Safari.

 

8. Disputes

• 8.1. The right to complaint occurred when Coach missed a Session, the Session was not hold or last less than booked due to any failure of (1) Coach or (2) Platform. In order to initiate the dispute process, Client shall provide a complaint by email within 24 hours of the scheduled finish time of the relevant Session. Any compliant filed later then specified herein, shall be rejected by the Platform.

• 8.2. Any compliant should be filed with minimal amount of evidences (screenshots) of the problem.

• 8.3. Upon receiving a complaint related to Coach services, such Coach shall be informed by email and/or text message and/or message exchange by Platform.

• 8.4. If the complaint arises due to Platform’s failing to provide Services, Client shall receive a refund of Fee for the Session against which the compliant is raised.

• 8.5. If the complaint arises due to Coaches fault, the Parties will be proposed to come to an agreement regarding the corresponding complaint. Should the Parties not come to an agreement, the Client is entitled to make a claim against the Coach concerning the complaint and request a refund of whole Fee. The Coach shall solely bear any responsibility for such a claim and its consequences and keep the Platform indemnified from such claim. In exceptional cases, Platform may request Coach to refund the whole Fee paid by the Client.

• 8.6. The Platform shall process a full refund to the Client of the Fee when received compliant is not disputed by either Platform or Coach within 24 hours of receiving.

 

 

9. Liability

• 9.1 Commentary and other materials posted on Platform are for guidance purposes only. All liability and responsibility arising from any reliance placed on such materials by any visitor to Platform, or by anyone who may be informed of any of its contents, is expressly disclaimed.

• 9.2 Content is provided for Clients and Website Visitors personal use and must not be used for any further commercial purpose, such as the resale or further distribution to a wider audience.

• 9.3 Career Safari will not aggregate liability in respect of claims based on events arising out of or in connection with the Platform, Services, these or any collateral contract or TERMS OF SERVICE, whether in contract or tort (including negligence) or otherwise, shall in no circumstance exceed the total Platform Fees in the calendar year in which the claim arises.

• 9.4 Career Safari will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these TERMS OF SERVICE that is caused by events outside our commercially reasonable control, including but not limited to, any act, event, non-happening, omission or accident beyond our commercially reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

 

10. No Warranty

• 10.1. To the fullest extent permissible under applicable law, the Platform and all materials present are provided to you “as is”, with “all faults” and “as available”, without (1) warranty of any kind; and (2) performance assurances or guarantees of any kind. No oral or written advice provided by Career Safari, our affiliates, agents, officers, employee licensors, distributors and/or any authorized representative, shall create any implied warranty of any kind, or warranty that Platform is suitable for any particular purpose.

• 10.2. Your use of our Platform is at your sole risk. All the entire risk of satisfactory quality and performance resides with you. Career Safari and our affiliates, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

 

 

11. Statute of Limitations

• 11.1. You agrees to file any claim, demand, suit or action regarding any aspect of this Platform, Sessions,or these TERMS OF SERVICES within one year of the time in which the events giving rise to such claim began. Otherwise, the you agrees to waive such claim, demand, suit or action.

 

 

12. Intellectual Property

• 12.1. Platform ownership. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Platform belong solely and exclusively to Career Safari

• 12.2. Trademarks. The Career Safari mark name and logo are trademarks of, or licensed to,Owner and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of Owner or Career Safari. The look and feel of the Platform (including all page headers, custom graphics, button icons, and scripts) is Career Safari copyright,and form the trademarks, service marks and trade dress, belonging to Career Safari and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of Career Safari. The use of any of trademarks without Career Safari's express written consent is strictly prohibited.

 

 

13. Privacy

• 13.1. The Platform shall process personal information collected, used, and received by Platform for the provision of Service pursuant to this TERMS OF SERVICE and the Privacy Policy.

• 13.2. To promote the Platform and increase the exposure of listings to potential Users, Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, listings and other User Content may be translated, in whole or in part, into other languages. Career Safari cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Platform may contain translations powered by Google.

 

 

14. Miscellaneous

• 14.1. You acknowledge and accept that claims brought against Career Safari shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Career Safari, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a jury, instead electing that all claims and disputes be resolved by a competent judge.

• 14.2. Failure by Career Safari to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof

• 14.3. Our relationships are of independent contractors. Those TERMS OF SERVICE shall not create agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationships.
  The headings contained in this TERMS OF SERVICE are for reference purposes only and shall not affect in any way the meaning or interpretation of this TERMS OF SERVICE.

• 14.4. If any of these TERMS OF SERVICE are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

• 14.5. The Platform may contain links to other websites and web addresses. Unless expressly stated, these sites are not under the control of Career Safari or that of Career Safari affiliates. Career Safari assumes no responsibility for the content of such websites and expressly disclaim any liability for any and all forms of loss or damage arising out of the use of them.