Coach User Agreement and Terms
Last updated September 07, 2022.
Welcome to the Talentingo Inc (“Talentingo”, “the platform”, “we/our/us”) community! We provide an online environment where users (“Learners”) can improve their English and career skills through interactions with native speakers (“Coaches”) via live video chat language lessons (“one-to-one classes” and “discussion club sessions”.)This user agreement (“the agreement”) applies to all Coaches who access the platform in its website and mobile forms. By accessing the Talentingo platform, users are agreeing to these terms of service and all other user policies.
1. MARKETPLACE BOOKINGS
Talentingo does not guarantee a set number of booking hours. Learners choose which coach to engage from the marketplace and independently determine the number of one-to-one classes and discussion club sessions they wish to book within a given period.
2. COMMISSION RATE
Talentingo is entitled to 18% commission on fees for one-to-one lessons and discussion club sessions to accomplish platform maintenance and corporate organization.
3. SEPARATE ENTITIES
Talentingo is a marketplace platform meaning that users who register accounts are not employees, agents, or partners of the platform. Coaches are prohibited from using trademarked/copyrighted identifiers of the company to purport that they represent the platform in any capacity.
4. INDEPENDENT CONTRACTOR STATUS
By choosing to teach on the Talentingo platform, users agree to the independent, 3rd-party contractor relationship. Independent contractor coaches have the exclusive right to control their schedule, refuse/accept learner requests, manage the information on the coach profile, and control the manner of delivery for lessons. Provided syllabus and curriculum materials are recommended for learner success and satisfaction.
5. QUALITY PROVISION
Consistently low ratings or repeated complaints from learners may result in the non-renewal of a coach’s IC agreement or deactivation of their coach profile/account.
6. PUBLICITY AND MARKETING
Talentingo assumes the rights to use all videos and photos uploaded to coach profiles for marketing and publicity purposes without further authorization from coaches.
All materials provided by Talentingo belong exclusively to the platform and fall under copyright.
8. INTELLECTUAL PROPERTY
Coach-created materials shared directly with learners remain the intellectual property of the coach. These materials may not be redistributed, reproduced, or sold/shared with any third parties. Talentingo may acquire the rights to distribute coach-created materials through written consent from the coach.
9. DATA USAGE
Users assume all responsibility for data related charges incurred with communications providers resulting from the use of the Talentingo Platform.
10. PLATFORM MODIFICATION
Talentingo reserves the right to modify the functional elements of the platform, its digital content, and instructional materials without notice to users. This also includes any personal data relating to users that is stored on the platform.
11. TERMS SUBJECT TO CHANGE
Talentingo reserves the right to modify these terms without notice or notification. Users are responsible for maintaining an awareness of these terms throughout their use of the platform.
All users of the platform must be at least 18 years of age and legally capable of engaging in contractual agreements.
13. RIGHT TO TERMINATE
Talentingo reserves the right to suspend or terminate access to the platform by any user at any time.
14. DIGITAL IDENTITY AND PROPERTY
Users wishing to record sessions or obtain digital reproductions of the voice/image of another user must obtain express written permission to capture the data. Should the user wish to distribute or otherwise share these recordings in any media (not limited to digital media) additional written consent must be obtained from the other user and Talentingo in cases when the recording contains copyrighted/trademarked content.
15. VIRTUAL CURRENCY
Virtual currency used on the platform does not hold monetary value. Talentingo reserves the absolute right to control all transactions completed on the platform. Any refunds, exchanges, cancellation, transfer, or access to virtual currency is subject to the sole discretion of Talentingo. In the event of profile deactivation when user access to the platform is suspended, any virtual currency associated with the account shall hold no value. In the case of abandonment of a user account, virtual currency expires after 12 months of the last date of access to the platform by the user.
16. ACCOUNT NON TRANSFERABILITY
User profiles are unique to each individual user. Sharing profiles or allowing others to log in to obtain or perform services on the platform is prohibited.
17. DIGITAL COMMUNICATION
Entering your email address in any field of the platform and accessing any of the platform’s features constitutes an acceptance to receive digital communications in the form of emails, notifications, newsletters, etc at the address provided.
18. USER LIABILITY
TALENTINGO INC DOES NOT HOLD LIABILITY FOR ANY ACTIONS OR DAMAGES RESULTING FROM ACTIONS OF THIRD-PARTY INDEPENDENT CONTRACTOR COACHES. CAREFUL STEPS ARE TAKEN TO REVIEW THE IDENTITY, QUALIFICATIONS, AND MERIT OF CONTRACTORS PROVIDING SERVICES THROUGH THE PLATFORM, HOWEVER, WE CANNOT PROVIDE ASSURANCES AS TO THE CHARACTER, MORAL FIBER, OR OTHER PERSONAL QUALITIES OF COACHES BEYOND THE INFORMATION THEY HAVE PROVIDED TO THE PLATFORM. USERS IN THE ROLE OF LEARNER HAVE NOT BEEN VERIFIED BEYOND PAYMENT METHOD. Talentingo CANNOT PREDICT OR CONTROL ALL USER INTERACTIONS. TREAT INTERACTIONS ON OUR PLATFORM WITH CAUTION AS YOU WOULD WITH SIMILAR TRANSACTIONAL SITUATIONS THROUGH OTHER DIGITAL COMMUNICATIONS WITH UNKNOWN PERSONS.
Talentingo Inc, its shareholders, officers, employees, founders, directors, investors,any other Talentingo agents/representatives and affiliates are in no way liable for damages (indirect, punitive, consequential, or other) related to unavailability of the platform or any of its features regardless of cause of inaccessibility or lack of notification from Talentingo Inc regardless of warning of the risk of damages from users.
Arbitration, Dispute Resolution and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Subject to restrictions and prohibitions in applicable law, you and Talentingo mutually agree to resolve all covered justiciable disputes exclusively through final and binding arbitration instead of a court or jury trial. Except as explicitly stated otherwise in this Arbitration and Class Action Waiver section, this arbitration agreement requires the arbitration of any claims that you or Talentingo may have against the other or against any of Talentingo’s directors, officers, employees, subcontractors, or agents, successors, assigns or affiliates in their capacity who may enforce this arbitration agreement as direct or third-party beneficiaries.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to all claims or controversies, past/present/future relating to this Agreement or any access or use of the Platform, including:
I. Learner’s receipt of services
II. Any payments made to Coaches through the Platform or in relation to the performance or acceptance of services arranged through the Platform
III. Coach’s independent contractor classification
IV. Coach’s provision of services
V. The termination of this Agreement
VI. Claims of harassment/retaliation/discrimination and all other aspects of a Learner’s or Coach’s relationship, or termination of its relationship with Talentingo, arising under federal, state or common or/and local statutory law.
Both you and Talentingo agree that the mutual obligations contained in this Agreement and to arbitrate disputes provide adequate consideration for this arbitration agreement. Without limitation, claims covered by this arbitration requirement include any statutory claims under state or federal law, including, but not limited to claims under:
I. The Age Discrimination in Employment Act of 1967
II. The Older Workers Benefit Protection Act
III. Title VII of the Civil Rights Act of 1964,
IV. The Americans with Disabilities Act of 1990
V. New York State Labor Law.
VI. The New York City Human Rights Law.
Initial Dispute Resolution:
Our customer service team is always available to address any concerns, disputes, claims or controversies you may have regarding this agreement, the Talentingo platform, or the relationship between you and Talentingo. Most Disputes are quickly resolved in this manner to our users’ satisfaction. All parties shall settle any Dispute directly through consultation and good faith negotiations which is a precondition to either party initiating a lawsuit or arbitration.
Class and Collective Action Waivers.
You and Talentingo agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. Both parties agree that each may bring claims against each other only in each partes’ individual capacities, and not as a class member or plaintiff in any purported class or representative proceeding. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and both parties shall be deemed to have not agreed to arbitrate Disputes.
Except as otherwise stated in this arbitration agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:
– The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the Arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened or a former judge from any jurisdiction.
-If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of New York, United States of America. You and Talentingo further agree to submit to the personal jurisdiction of any federal or state court in Queens County, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
-The parties agree that they will equally split all of the Arbitrator’s fees and costs except where applicable law provides otherwise, as determined by the Arbitrator; or the parties otherwise agree. Each party will pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a claim that affords the prevailing party attorneys’ fees, the Arbitrator may award reasonable fees to the prevailing party as provided by law. If the law (including the common law) of the jurisdiction in which the arbitration is held requires a different allocation of arbitral fees and costs for this arbitration agreement to be enforceable, then such law will be followed, and any disputes in that regard will be resolved by the Arbitrator.
-The Arbitrator is authorized to issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
-Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
-The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
-The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the Arbitrator’s decision or award in any court having jurisdiction.
-The AAA Rules referenced herein may be found at http://www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as http://www.Google.com or http://www.Bing.com.
Litigation of Intellectual Property and Small Claims Court Claims: notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Talentingo Platform under this Agreement. Parties may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out.
Unless you have previously agreed to an arbitration and class action waiver provision for disputes with Talentingo, you have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Platform or the effective date of the first Agreement containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitration in accordance with the terms of this agreement. If you opt-out of these arbitration provisions, Talentingo will also not be bound by such provisions.
In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term of this Agreement, the term or terms shall remain in full force and effect.
Other than the Arbitration and Class Action Waiver provision, which shall be governed by the Federal Arbitration Act, this Agreement will in all respects be governed by the laws of the State of New York, United States of America, without reference to its principles of conflicts of laws.
Changes to This Section.
Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the Platform or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
This arbitration agreement survives after the termination of this Agreement and/or after you cease any relationship with Talentingo.
Coach Code of Conduct
1. Aim for professionalism and respect in all interactions on the Talentingo platform.
2. Keep all monetary transactions within the Talentingo platform. Failure to comply will result in deactivation of the coach’s profile.
3. Obtain written consent in order to share information or recordings of a learner through any form of media or non-secure data system.
4. Hate speech and discrimination of any kind are not tolerated.
5. Cultural sensitivity is of the utmost importance. Avoid statements promoting a particular religion, nation, political viewpoint, or cultural practice over another. Objectivity and impartiality is expected.
6. Avoid rescheduling and canceling when possible. Excessive or unnecessary cancellations hurt the reputation of the coach and the Talentingo platform.
7. Be on time for lessons and teach the full lesson time. In cases of back-to-back bookings. The coach may leave the first lesson up to 3 minutes before the scheduled end-time in order to log into the next class on time. Longer breaks should be planned as unopened slots by the coach upon opening the weekly schedule.
8. Respond to messages from learners in a timely manner. If the coach does not wish to work with a particular learner, the coach should simply state that the arrangement is not the best fit and hide their coach profile. In cases of abuse, refer to the Participant Protection Policy.
9. Do not make disparaging comments to learners about the Talentingo platform or personnel. Reports or evidence of inappropriate statements will be reviewed on a case-by-case basis.
10. Unwelcome comments or behaviors of a romantic or sexual nature directed at any member of the Talentingo community will result in immediate deactivation of the coach’s profile.
11. The coach’s attire should present a positive, clean, respectful image in accordance with cultural norms in the United States. There is no official dress code. Casual clothing, such as a t-shirt, is acceptable.
12. Provide a well-lit, quiet, environment for class supported by reliable high-speed internet that is free from interruptions and distractions. Using a headset is recommended best practice.
More than 24 hours before the class start time, learners can freely cancel or reschedule lessons. Coaches have to agree to the proposed reschedule time otherwise the lesson goes ahead as scheduled or the learner can cancel it before the 24-hour cutoff. Coaches can request to reschedule lessons and if the learner does not agree, the class will be canceled with no penalty.
In cases of natural disasters or personal emergencies, contact email@example.com with appropriate documentation which may be considered on a case-by-case basis. If there is no valid excuse provided, the coach will face penalties.
First missed lesson: The coach receives a warning. The coach must contact the platform (firstname.lastname@example.org) to confirm that they understand the cancellation/no-show policy.
Second missed lesson: The coach will be excluded from the search algorithm for 7 days. The coach can proceed to open their schedule to regular learners. Lessons that have already been booked can go ahead as scheduled.
Third missed lesson: The coach will be excluded from the search algorithm for 14 days. The coach can proceed to open their schedule to regular learners. Lessons that have already been booked can go ahead as scheduled.
Fourth missed lesson: All lessons are automatically unscheduled. Coach profile is permanently deactivated.
If multiple no-shows or last-minute cancellations occur on the same day, up to 3 lessons will count as 1 no-show. More than 4+ will count as 2 no-shows.
Coaches will not receive commission payments for missed lessons regardless of the circumstances.
In the event of coach no-show or last-minute cancellation, the coach will be encouraged to offer the learner(s) a make-up lesson at a reduced hourly rate to reduce the impact of the missed lesson on the coach-learner relationship.
Coaches are entitled to full payment in the case of a learner’s absence from a scheduled class. coaches should wait the full lesson time and save screenshots to document. If a learner arrives late, the coach should complete as much of the lesson as possible in the remaining time. Extension past the end-time is at the coach’s discretion, not required. The coach should be sure to arrive on-time for the next lesson.
User Protection Policy
In the event of inappropriate conduct on the platform, any user (learner, coach, or Talentingo administrator) should contact platform management (email@example.com) to report the unwanted behaviors. Appropriate actions will be discussed and implemented up to and including expulsion/banishment of the offending user from the platform.