A note from Pulasthi Panamgama:
In the spirit of good practice, when you are purchasing coaching services from me, I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.
All coaching services and communication, email or otherwise, delivered by myself, Pulasthi Panamgama, as well as information on this website, teamonelearning.com, and all its subdomains [hereinafter referred to as ‘My Coach’] are meant to help you identify the areas, both in your academics and in your thinking that may be preventing you from gaining high marks in your exams. Coaching is not a substitute for professional mental health care or medical care. As I see it coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
I continually strive to ensure the standard of service provided to you remains excellent. In furtherance of this, at the end of the coaching process, or series of coaching sessions, you will be asked to complete a feedback form.
Please note that you cannot proceed with obtaining coaching services without accepting the terms and conditions stated in the Coaching User Disclaimer and Coaching User Agreement.
Coaching User Disclaimer and Coaching User Agreement
This website is owned and operated by ‘TeamOne Learning’. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated hereinafter.
We reserve the right to change this ‘User Agreement’ from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Minors who are below 18 years of age are required to enter into the contract under the consultation and supervision of a parent/ guardian.
From herein onwards for the purposes of the Agreement,
(i) The term ‘My Coach’ refers to both Pulasthi Panamgama and Team One Learning (Pvt) Ltd.
(ii) The term ‘Resources’ refer to any information, services, tools, material including but not limited to hard or soft copies, audios and videos that are provided during the course of this coaching service.
(iii) The term ‘coaching’ encompasses educational coaching, study coaching, exam coaching, student coaching for users and other types of users.
(iv) ‘Coaching service/s’ refer(s) to the services that are rendered by My Coach for the purposes mentioned in the subsequent sections.
1. USER DISLCALIMER
For legal purposes, I understand that coaching is currently an unregulated industry and that My Coach is not licensed by any authoritative body in Sri Lanka even though the sessions may take place in Sri Lanka.
I understand that all comments and ideas offered by My Coach are solely for the purpose of aiding me in achieving the defined goals I create with My Coach. I have the ability to give my informed consent, and hereby give such consent to My coach to assist me in achieving such goals and understand that successful realization of such defined goals is not guaranteed.
I understand that to the extent our work together involves academics, My Coach is not promising outcomes including but not limited to increased marks, passing exams and or academic success.
I understand and agree that I am fully responsible for my well-being, including my choices and decisions, during the coaching period.
I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it as a substitute to any form of therapy. I understand that the coaching services offered by My Coach are not by any means a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that My Coach is not acting as a mental health counsellor or a medical professional.
I understand that My Coach will protect my information as confidential, unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I further understand that necessary actions will be taken by My Coach and my confidentiality agreement is limited in this capacity. Furthermore, if My Coach is ordered by a court to provide information or to testify, it will do so to the extent the law requires.
I understand that the use of technology is not always secure, and I accept the risks of confidentiality and privacy associated with the usage of email, text, phone, WhatsApp, Skype and other technologies.
I understand that accessing (or attempting to access) any of My Coach’s Resources by any means other than through the official means provided, is strictly prohibited. Further, I specifically agree not to access (or attempt to access) any of My Coach’s Resources through any automated, unethical or unconventional means.
I hereby release, waive, acquit and forever discharge My Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees thereof, from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by My Coach as a result of the advice given by My Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
2. TERMS AND CONDITIONS
The coaching schedule will be arranged between My Coach and the user and can be booked up to 2 months in advance. My Coach will recommend the frequency of coaching sessions based on an assessment of the user’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the duration of the coaching service by mutual agreement, in accordance with the terms herein set out in this agreement.
The number and frequency of coaching sessions will be agreed upon at the start of coaching between My Coach and the user, and should it extend beyond one session, it will be confirmed by My Coach in writing. Where no specific number is agreed upon, sessions will be provided on a session by session basis.
In return for the fees payable by the user (or by a third party, or a guardian where a minor engages in a beneficial contract, on his/her behalf), My Coach agrees to provide the service as described in the succeeding sections and in accordance with the terms and conditions set out hereinafter. The user agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third-party counts as an agent acting on behalf of the user).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching session constitutes acceptance of the terms and conditions set out herewith.
2.1. FORMAT OF SESSIONS
Format of sessions would be agreed upon between user and My Coach and would vary from ‘in person’ sessions (venue by mutual agreement), sessions via phone call (My Coach calls user) or other formats where such is agreed, depending on its necessity as decided by My Coach. Unless otherwise agreed, for Skype and telephone sessions, My Coach is responsible for telephoning the user at agreed times. Both My Coach and the user are responsible for ensuring that they are available for the coaching session at agreed times.
2.2. SESSION DURATION
The length of each session is as agreed upon between My Coach and the user before coaching sessions commence.
2.3. DATES AND TIMES OF SESSIONS
The date and time of the first session and any subsequent session will be agreed between My Coach and the user, and will be confirmed by My Coach in writing prior to the commencement of such session, by phone, text message, WhatsApp message or email.
Sessions can only be rearranged in accordance with the subsequent section 2.8, ‘Rearranging Sessions’.
2.4. SESSION FEES
The user should pay My Coach on a per session basis based on the rate specified by My Coach.
In accordance with My Coach’s existing rate per session, fee for a programme of sessions, or any other such fee as shall be agreed and notified to the user. My Coach will confirm the fees in writing, usually by email, unless this is impractical. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.
My Coach reserves the sole right to modify the rate of session fees based on the range of services, number of sessions and effort and the use of extra mechanisms for the purpose of providing efficient services with regard to the needs and wants of the user.
2.5. ADDITIONAL SESSIONS
My Coach may agree to provide additional coaching sessions after the completion of the initial agreed session(s). The same terms and conditions herein described will apply to any additional sessions so provided and the per session fee will remain the same as originally agreed upon except where My Coach notifies the user in writing by letter or e-mail of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.
2.6. PAYMENT TERMS
Fees can be paid by cash, internet banking, mobile wallet payment, card payment or by bank transfer. Where receipts are requested by the user, they will be sent by e-mail.
Fees are payable in advance for each coaching session unless otherwise agreed. Where payment has not been received by My Coach in advance of a coaching session, My Coach is not obliged to provide the session.
2.7. REARRANGING SESSIONS
If a user needs to rearrange a coaching session, they should provide at least 48 hours prior- notice. No refunds will be provided to users for unused coaching sessions unless abided by the 48 hours prior-notice requirement.
Where a user pays for a session or sessions in advance, they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
2.8. ALTERATIONS IN COACHING SESSION
Where an initial number of sessions is agreed, any changes thereof intended to take effect prior to the conclusion of those initial number of sessions will only have effect if agreed by both My Coach and the user and confirmed by My Coach in writing by email or letter.
In other cases, My Coach may change any of these terms or conditions including the per session fee by giving the user one week’s notice in writing by letter or e-mail of the change(s).
If subsequent to receipt of such notification of change, the user no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by My Coach.
Personal information or business information supplied by users in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the user’s permission, save and except instances wherein required by law or to prevent harm to the user or third party.
4. EARLY TERMINATION
Either party may terminate this Agreement at any time upon 5 days’ prior written notice, including email, to the other party at the official email address provided herein.
If early termination is initiated by My Coach, any session fee made by user in advance for a future session will be reimbursed in full.
If early termination is initiated by the user, any session fee made in advance for a future session will be reimbursed given that the user abided by the notice period mentioned herewith.
My Coach will seek to enable the user to improve their academic performance and assist them to achieve their desired outcomes. However, the user has the sole responsibility in following the instructions received through the coaching service and in taking important decisions in their life and academics in furtherance of their academic goals.
My Coach has no liability for any loss incurred by any user, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the user, whether justified or otherwise, to achieve a material improvement in quality of life or academics or to achieve their desired outcomes or goals.
6. LIMITATION OF WARRANTIES
By using My Coach’s website and services, the user understands and agrees that all Resources provided are “as is” and “as available”. This means that My Coach does not represent or warrant to the user that:
i) the use of Resources will meet the user’s needs or requirements.
ii) the use of Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources provided will be repaired or corrected.
Furthermore, the user understands and agrees that:
v) any content downloaded or otherwise obtained through the use of Resources is done at the user’s own discretion and risk, and that the user is solely responsible for any damage to his/her computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by the user from My Coach or through any Resources provided shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
7. LIMITATION OF LIABILITY
In conjunction with succeeding Clause 6, ‘Limitation of Warranties’, the user expressly understands and agrees that any claim against My Coach shall be limited to the amount paid by the user, if any, for use of products and/or services.
My Coach will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by the user as a result of using My Coach’s Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on https://teamonelearning.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of My Coach, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to, the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by My Coach in writing.
9. LEGAL AND BINDING AGREEMENT
This Agreement is legal and binding on the Parties as stated above. The Parties each represent that they have the capacity to enter into this Agreement.
Failure to abide by the terms and conditions set out herein shall amount to a breach of contract giving rise to a cause of action to institute legal proceedings by the aggrieved party.
10. APPLICABLE LAW AND JURISDICTION
This contract is governed by the law of Sri Lanka wherein its courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to, arising out or in connection with this agreement.
Both Parties shall first attempt to resolve such and reach an amicable agreement in good faith through mediation or negotiation. Upon failure of such mediation or negotiation, the parties may institute litigation in a court of law.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
13. ENTIRE AGREEMENT
This document reflects the entire agreement between My Coach and the user and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
Feedback about the service is welcomed and can be given during a coaching session or in writing via email to <firstname.lastname@example.org>