These terms and conditions were last updated in January 2024.
1. Introduction Welcome to Delenta. www.delenta.com is operated by Delenta Limited, a UK Limited company registered in England under company number 11596845. Our registered office is at 85 Great Portland Street, First Floor, London W1W 7LT. This page tells you the terms on which you may use our website www.delenta.com (the “Platform”), whether as registered user or guest, and how our online coaching platform works. Please read carefully before use. By using the Platform, you accept the terms and agree to obey them. If you don't accept them, please don't use the Platform. Delenta is an online platform which connects coaches and users of coaching services. These terms apply to both coaches and users of coaching services. References throughout these terms to “coach” shall include all coaches, mentors and subject matter experts using the Platform. A “user” shall include anyone looking for, or engaging in, coaching services via the Platform. “You” shall refer to both coaches and users. 2. The Coaching Services Delenta is an online coaching platform, integrating different functionalities (normally arranged and acquired separately) to help smoothly manage and run an online coaching business. Both users and coaches will have access to their own portal which includes, but is not limited to, their own dedicated dashboard, session management, audio/video sessions and calendar management. The Platform allows coaches and users to utilise the Platform software, but we are not liable for any act or omission by any coach or user. Any coaching services undertaken through the Platform result in a direct contract being concluded between the relevant coach and user, and we are not a party to such contract. Delenta does not itself provide any coaching services, and we will therefore not be liable for any issue whatsoever in respect of the coaching services. We do not warrant the validity or accuracy of information on the Platform, and we do not warrant that any coach is appropriately qualified and/or regulated (as may be required) to provide the coaching services. The coaching services include: • Free 1:1 consultation between a user and a coach (30 minutes) to discuss specific learning requirements and/or concerns, and to assess the suitability of coaching services (a ‘Meet the Coach’ session). There is no obligation on any user to book or pay for further coaching sessions. There is no obligation on a coach to provide a Meet the Coach session (they are dependent on coach availability and preference) • Any subsequent coaching sessions shall be booked via the Platform, at which point payment for the coaching sessions will be due. Failure to make payment results in failure to book a coaching session 3. Use of the Platform Coaches access the Platform to advertise and provide their coaching services. Users access the Platform to utilise the coaching services. You are advised not to take any part of the coaching services, including interactions between coaches and users, out of the Platform. It is up to the individual decision of each coach and user as to whether they interact outside the Platform, but please note that choosing to do so means neither party is protected by these terms and conditions, and we shall have no liability to you for anything that happens when choosing to do so. You have permission for temporary use of the Platform, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes). You must be human. Registration by "bots" or other automated methods is prohibited and those accounts will be terminated. You agree to provide accurate information when using the Platform, and you may not use another person’s email address, name or other details when using the Platform. If you allow anyone else to use our Platform, you must make sure that they read these terms first, and that they follow them. Only one coach may use a given coach account. Only use the Platform as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely. We frequently update the Platform and make changes to it, but we don't have to do this, and material on the Platform may be out-of-date. No material on the Platform is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Platform by anyone. We follow our privacy policy in handling information about you. You can read our policy at privacy. By using the Platform, you agree to us handling this information and confirm that data you provide is accurate. You must be at least 18 years of age to use the Platform. 4. Intellectual Property Rights We are the owner or licensee of all intellectual property rights in the Platform (for example the copyright and any rights in the designs) and in any of the material posted on it (except a coach’s material posted in respect of the coaching services). They are protected by copyright, trademark rights and other intellectual property rights of Delenta and Delenta’s licensors. You are allowed to print one copy and download extracts of any page on the Platform for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our Platform, and must destroy or return any copies you have made. We claim no intellectual property rights over the content & material you provide to the Platform. Your profile, user-created content and uploaded materials remain yours. However, by giving your login details to another person such as a Virtual Assistant or by inviting clients to use the system, you agree to allow others to view and share your Content. 5. Our Legal Responsibility to You We do not guarantee the accuracy of material on our Platform. As far as legally possible, we exclude legal responsibility for the following: • Any loss to you arising from use of our Platform • Loss of income, profit, business, data, contracts, goodwill or savings, or any other indirect or consequential loss We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law. We are not liable for: • Any failure on the part of a coach or user • The failure of any third party service provider, including but not limited to any infrastructure provider, third party server or payment provider • Any breach resulting from your non-authorised use, creation (and modification) of any coaching session recording on or off the Platform You agree that you are solely responsible for any breach of your obligations under these terms, and for the consequences of any such breach. 6. Uploading to our Platform You are responsible for all Content uploaded or created within the system and all activity that occurs under your account. This includes all activity and Content posted by your clients or others who have accounts under your account. Material that you upload to your public profile will be regarded as non-confidential and not owned. We won't be legally responsible to anybody for the accuracy of material that you upload to the Platform, and we can remove it at any time. We are under no obligation to monitor any content uploaded to the Portal. You must not distribute or upload files containing any malicious codes, viruses or any code of a destructive nature. 7. Users’ Obligations By using the Platform, a User agrees to and confirms the following: • You are accountable for your own development. Neither us nor any coach will be liable to you for failing to achieve a particular goal that the coaching was intended to move you further towards • We provide a platform-based service only. We are not responsible for providing the coaching services. If you have any issues with the services received, you understand this is governed by the coach’s terms and conditions • You are not permitted to remove any material from the Platform, including coaching materials, unless this is specifically agreed to in writing by the relevant coach. If a coach permits you to download material from the Platform, you may only download one copy for your own, non-commercial purposes • You must ensure that you have the latest available version of security software to protect against transmission of viruses and other computer malware during your access to and use of the Platform • You acknowledge that any technical issue regarding your personal computer or internet service provider is not our responsibility • You must use a headset and microphone (not loudspeaker) which must be plugged in and fully configured • You must notify us immediately if you are unable to attend a coaching session, and we will endeavour to notify the coach if you have not already done so. Any refunds in such circumstances are subject to the coach’s terms and conditions, and are not dealt with by Delenta • You are solely responsible for assessing the suitability of a coach to deliver the coaching services, and for verifying the accuracy of their stated credentials, expertise and references • Following the end of a coaching, you will have the option to complete a feedback form in respect of the services received. Such feedback may be published by the coach on the Platform • If you raise an issue with a coach, it is within our discretion as to whether we inform the coach of your concerns, and the manner in which we deal with the issue 8. Coaches’ Obligations
By using the Platform, a Coach agrees to and confirms the following: • You will use your best endeavours to provide coaching services of the highest quality to Users • You will prepare and provide to Users your own terms and conditions governing your coaching services, and you understand that these terms do not govern your provision of coaching services • You will ensure you comply with the General Data Protection Regulation and the UK Data Protection Act (together, the “Data Protection Legislation”). You hereby indemnify us against any breach of the Data Protection Legislation • You will make all payments to us that are due and payable under clause 7 of these terms • You will ensure that all coaching material used to provide the coaching services are your own intellectual property and does not infringe the intellectual property rights of any third party. You hereby indemnify us against any breach of this provision • You are responsible for having in place appropriate insurance in order to provide the coaching services • You are operating on a self-employed, freelance basis, and are not employed by us. You hereby indemnify us against any taxes, fines or other charges associated with any finding contrary to this provision. You are an independent contractor, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by virtue of these terms, and neither of us shall have any authority to bind the other in any way • If you raise an issue with a user, it is within our discretion as to whether we inform the coach of your concerns, and the manner in which we deal with the issue • You understand that permitting you to use the Platform to provide coaching services is our decision and we may, for whatever reason, deny you from providing coaching services • You must provide us with your bank account details in order to receive the proceeds of coaching sessions (and update these when required). You understand that failure to do so may result in you failing to receive payment for coaching sessions 9. Acceptable Behaviour on the Platform By using the Platform, you agree to comply with our guidelines on acceptable behaviour contained within this clause 9. This includes, but is not limited to: • Conducting yourself in an appropriate manner, in accordance with generally accepted principles of etiquette, during coaching sessions (whether audio, visual or in writing) • Conducting yourself in an appropriate manner, in accordance with generally accepted principles of etiquette, during any conversations with any other user of the Platform • Please be punctual for coaching sessions, and show politeness, respect and proper behaviour, in line with social norms, with participating in such sessions We reserve the right to remove you from the Platform for any breach or suspected breach of this clause 9, in our sole discretion, and you do not have the right to appeal this decision except in extremely limited circumstances, which we will determine on a case-by-case basis.
10. Charges If you sign up to a free subscription/trial, please note that your use of the Platform will be limited in the ways described on the Platform at the time of sign up. We reserve the right to remove you from the free trial, or implement a fee for this subscription level, at any time, subject to us providing prior notice to you of the change. If you do not wish to be charged the amended fee, you may cancel your account prior to the change. We reserve the right to amend monthly membership fees at any time, and will endeavour to provide you of prior notice of doing so. If you do not agree with amendments to membership fees, you may cancel your account on the Platform and cease to provide coaching services on the Platform. We also reserve the right to charge a commission in respect of the coaching services, and will advise you in advance of such commission applying. Our membership fees may be exclusive of Value Added Tax. If you fail to make payment on time, we may charge you interest at a rate of 3% per annum above the Bank of England base rate from time to time, accruing daily. We collect coaching fees via the Platform, and remit the fees due to you as a coach through one of our third party payment providers to ensure that you’ll be paid without any delays. We will endeavour to ensure all fees due to you up until the same business day prior to remission of the fees are paid on that day, but due to factors outside our control, this may not always be possible. Coaches may also track payments received from users via the dashboard on the Platform. Payments are taken through an online payment provider via the Platform, and the proceeds shall be remitted to the coach within a reasonable time period after receipt from the user. Users of the Platform are not subject to any of our charges, although will be responsible for paying for the coaching sessions. The use of an Account is subject to a Fee. Upon sign-up for an Account, the Coach must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Coach did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Coach elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Coach is solely responsible for the payment of such taxes, levies or duties.
Refund Policy: We do not offer refunds for our annual subscriptions, except in extreme circumstances where we deem it appropriate. If you believe you qualify for a refund, please contact us at support@delenta.com and explain your situation. We will review your request and respond within 10 business days. Please note that if we approve your refund request, we will deduct a late cancellation fee from the refund amount. The late cancellation fee is equal to one month of your subscription fee. This fee is to cover the costs of processing your subscription and refund. We appreciate your understanding and cooperation in this matter.
11. Confidentiality You agree that any matter discussed between user and coach as part of the coaching services is confidential and shall be kept secret indefinitely unless the other party approves the disclosure, or such disclosure is required by a court of law or a regulatory body. We do not have access to the matters discussed as part of any coaching service. 12. Termination Either you or us may terminate these terms with immediate effect by providing the other party with written notice by email.
Users We will cancel your account on the Platform if you do not show up for a coaching session, without having provided 24 hours’ notice of cancellation, or where you repeatedly cancel coaching sessions. In such circumstances, you will not be entitled to any refund of the coaching sessions you have paid for but not attended, except in exceptional circumstances (we will make a decision on any refund after consultation with the relevant coach). In the event that your access to the Platform is cancelled by us, and you have paid for coaching sessions in advance, we will refund such pre-payments within 14 days of termination. We reserve the right to allow you to re-register with a different coach. Coaches If you repeatedly fail to show up for coaching sessions with users, or do not show up for a coaching session without having provided 24 hours’ notice of cancellation, we will terminate your access to the Platform. You will not be entitled to any refund of membership charges, and it is your responsibility to ensure subsequent membership charges are cancelled.
13. Computer Offences If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Platform will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You mustn't try to get access to our Platform or server or any connected database or make any 'attack' on the Platform. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Platform. 14. Links to Our Platform You are allowed to make a legal link to our website's homepage from your website. We can end this permission at any time. You must not suggest any endorsement by us or association with us unless we agree in writing.
15. Links From Our Platform Links from our Platform to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them. 16. Variation We change these terms from time to time and you must check them for changes because they are binding on you. 17. Disputes 16.1 In the event of a dispute between a coach and a user, we will do our best to work with both parties to ensure a satisfactory outcome for both. You are encouraged to discuss any issues with us with a view to resolving issues before they escalate. 16.2 In the event that a dispute described in clause 16.1 occurs regarding payment of coaching fees, we will not be liable to repay any coaching fees, on the basis that there is a contractual relationship between the user and the coach, to which we are not a party. We will, however, endeavour to mediate and resolve the situation to the best of our ability. 16.3 If our attempts at mediation between a coach and a user do not result in a satisfactory outcome, the parties will be required to deal with the issue directly between themselves, and potentially by escalating this through legal procedures. We will not be party to any such legal action. 16.4 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it. 16.5 Any dispute shall not affect the parties' ongoing obligations under the Agreement. 16.6 The English courts have the only right to hear claims related to our Platform, and all disputes are governed by English law.
18. Contact Us Please email us at info@delenta.com to contact us about any issues. Our registered address is 85 Great Portland Street, First Floor, London W1W 7LT
