Privacy policy

For security purposes WhoCan automatically archives a video recording of all private sessions and classes for 72 hours, at which time they are deleted. No one at WhoCan ever views any of these archived recordings unless a complaint is made within the 72 hour period that requires us to view the recordings. 
WhoCan coaches or members of the WhoCan team may use these recordings on their profiles or for the promotion of the WhoCan site in marketing or online promotions. Users may only use the portion of the recording / class / session that includes them / the person posting the recording. Any other participants visible will either need to be cropped out or blurred beyond any identifying characteristics. 
WhoCan coach may use these for the sole purpose of promoting WhoCan on the WhoCan site - or in its marketing. By using this service you agree to this. WhoCan reserves the right to contact attendees in relation to a complaint raised against anyone in a class or session, by anyone, for any reason. 
You will not attempt, via any means,  to share private contact information (yours or others’) through WhoCan’, for the purpose of conducting classes and coaching sessions outside of our platform. Moving away from WhoCan poses a security risk and WhoCan can not be held liable for any damages or incidents that arise in this way. 

User Content and Copyright Policy

You may interact with our The Who Can (WhoCan) instructors through the Service and submit messages and/or other content to the Service (“User Content”). The Who Can (WhoCan) does not have any duty to monitor any User Content. However, The Who Can (WhoCan) shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

The Who Can (WhoCan) does not claim ownership to any User Content but You grant to The Who Can (WhoCan) a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.

The Who Can (WhoCan) respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If The Who Can (WhoCan) becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support our email at contact@thewhocan.com

The Service may contain links to websites operated by third parties or feature content, which is made available in third-party services, and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. The Who Can (WhoCan) assumes no responsibility for such third-party services and/or content in third-party services.

Billing and Cancellation

    1. BILLING FOR STUDENTS:  Coaches may set the price for their classes or private coaching at their discretion. Your payment method will be charged at the time of purchase and appear on your card / bank statement as The Whocan Company. 
      You will be emailed payment receipts and can also find a record of your purchase history in your Payment Details tab.

    2. PAYMENT FOR COACHES: When a student books a spot in a class or a private session with you, they are charged the advertised amount at the time of booking. This amount is held in escrow by our payment provider, Stripe until the session or class is complete. After this, Stripe automatically pays WhoCan 15% of the gross total and transfers the other 85% to your bank account that you have provided under Payment Details. 
      With regards to the money accrued in your CoachCash account WhoCan transfers you the total amount in one payment on the 26th of each month via our payment provider Transferwise. You will need to have filled in your billing address in your Payment Details page or we will not be able to transfer you your coach cash on this date. If you have not met the criteria described above in the Coach Cash or MyTeam section for three consecutive months, then your Coach Cash is forfeit. 

    3. PAYMENT METHODS: To use the service you must provide one or more Payment Methods. We will give you the option to save this payment method for all future purposes, in which case you approve us to charge this method for any future classes or coaching that you wish to attend. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

    4. UPDATING YOUR PAYMENT METHODS: You can update your Payment Methods by going to the "Payment Details" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

    5. CANCELLATIION: 
      When a student books a session, the payment is taken immediately and held in escrow by Stripe. Once the video lesson is complete the payment is automatically released to the coach within 7 business days.
      If a student cancels within 24 hours of a session, they get a 50% refund and the coach gets the remaining 50% minus our 15% commission (note: we take 15% of what you end up with, not 50% of the full fee).
      If a student cancels less than 12 hours before a session, no refund is given and the coach is paid in full - minus our 15% commision.
      If a coach cancels at any stage prior to the booking time, the student gets a full refund. 
      If you have to cancel at short notice, please try to give the student a good reason and suggest a new time if possible.

    6. CHANGES TO THE PRICES AND OUR COMMISION: WhoCan may update or change any of the pricing or pricing structure including our commission or Coach Cash, at any time without written notice. By signing up as a coach you agree to these terms and your classes may be subject fees that are lower or higher than those at the time you signed up. 


Data Policy

When a student takes a class or a private session on WhoCan, we will share the student’s username and profile with the coach for the purpose of teaching these students on WhoCan. By enrolling in a class or a private session on WhoCan, a student grants to us permission to share that student’s information with the coach. The coach is required to respect the privacy of the student. The Coach has a limited license to use this information only for WhoCan-related communications or for WhoCan-facilitated transactions. The coach may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any WhoCan User’s personal information. You need to comply with all relevant legal rules when you use WhoCan. 


Service Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, The Who Can (WhoCan) MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN 'AS IS' BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.

Indemnification

You agree to defend, indemnify and hold harmless The Who Can (WhoCan), it’s affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). The Who Can (WhoCan) reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that The Who Can (WhoCan) will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT The Who Can (WhoCan) SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.

The Who Can (WhoCan) SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF The Who Can (WhoCan) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF The Who Can (WhoCan) EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES, PAID BY YOU TO BY The Who Can (WhoCan) DURING A PERIOD OF SIX (6) MONTHS PRECEDING THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE THAT The Who Can (WhoCan) SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.

Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.

Provisioning of the Service and Termination

The Who Can (WhoCan) shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if you fail to comply with the material terms of the Terms. In such cases you will not be entitled to any refund.

General

The Who Can (WhoCan) may assign or delegate its rights and obligations under the Terms and/or the The Who Can (WhoCan) Privacy Policy, in whole or in part, to any person or entity at any time. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without The Who Can (WhoCan) ‘s prior written consent.These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.

You and The Who Can (WhoCan) agree that if any portion of the terms or if the The Who Can (WhoCan) Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the Terms, which shall continue to be in full force and effect.

The Who Can (WhoCan) may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the terms.

The Who Can (WhoCan) reserves the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time by posting the amended Terms on the service, and in case of substantial changes, by email to the email address provided by You to The Who Can (WhoCan). You will be deemed to have accepted such changes by continuing to use the Service. If You do not agree to any portions of the then-current version of our terms, The Who Can (WhoCan) Privacy Policy, or any other The Who Can (WhoCan) policy, rules or codes of conduct relating to your use of the service, Your license to use the service shall immediately terminate, and You must immediately stop using the service, and You will not be entitled to any refund of the service fee. In such case please check the service on a regular basis so that You remain aware of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Service and the Terms shall be settled at the local court of New South Wales, Australia having the sole jurisdiction.These Terms shall be governed by and shall be construed in accordance with the laws of Australia.