Scouty Terms of Service

These Terms of Service ("Terms") form a legal agreement between you and Scouty Limited ("Scouty," "we," "us," "our") governing your access to and use of the Scouty website, mobile app, and related tools and services (collectively, the "Platform").

By accessing or using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, you must not access or use the Platform.

Eligibility

• You must be 18 years or older to create a client or coach account.
• We may suspend or terminate accounts that do not meet eligibility requirements.

Authority

If you are using the Platform on behalf of a business or organisation, you confirm that you have authority to bind that entity. "You" includes that entity.

Updates to Terms

Scouty may update these Terms from time to time.

• Material changes take effect prospectively.
• Where reasonably possible, we will provide at least 30 days' prior notice (e.g., email or in-app notification).
• Continued use after the effective date constitutes acceptance.
• If you do not agree, you must stop using the Platform before the update takes effect.

Scouty is an online marketplace connecting independent fitness, nutrition, health and wellness professionals ("coaches") with individuals seeking coaching services ("clients"). The Platform facilitates discovery, messaging, bookings, and payments.

Important Clarifications

• Coaches are independent providers, not employees, partners, or agents of Scouty.
• Coaches are responsible for managing their profile, availability, products, services and calendar on the Scouty Platform.
• Scouty is not a party to any contract between a client and a coach.
• Scouty does not provide coaching services.
• Scouty does not direct, supervise or control how coaches deliver their services or guarantee their qualifications or outcomes.
• Scouty does not provide medical advice, diagnosis, or treatment. See Section 12.

We may modify, improve, or discontinue Platform features where necessary.

You must register an account to access many Platform features and ensure that all information remains accurate.

You must:

• Keep your login credentials confidential;
• Not share your account with others;
• Notify Scouty promptly of any unauthorised access.

We may refuse, suspend, or terminate accounts that breach these Terms or create risk to Scouty or users.

Subscription Requirement

To list a coach profile, services, sell products, or use the platform’s coach tools, coaches must maintain an active paid subscription (unless on a free trial, plan or promotion offered by Scouty).

Trials

Free trials may be offered once per coach unless otherwise stated. The trial relates to the plan the coach signed up for. If not cancelled before the end of the trial, the subscription automatically converts to that paid plan (the Growth Plan by default unless otherwise selected), billed monthly unless an annual term was selected at sign-up.

Free or Complimentary Subscription Periods

From time to time Scouty may grant a coach a free, complimentary, discounted or extended subscription period (for example a 12-month or other fixed free period offered as a promotion, partnership, gym or studio arrangement, or as goodwill) (a "Complimentary Period").

• A Complimentary Period applies only to the plan and term stated when it is granted, and only for the number of months specified.
• Unless we tell you otherwise in writing, at the end of the Complimentary Period your subscription will automatically continue and convert to the applicable paid plan at Scouty's then-current standard rate, billed on the normal cycle (monthly by default, or annually if an annual term was selected), and will auto-renew under the Billing, Renewal, and Cancellation terms above.
• By accepting a Complimentary Period you authorise Scouty and its payment processor to charge your nominated payment method for the paid plan from the first day after the Complimentary Period ends, unless you cancel before that date.
• You may cancel at any time before the end of the Complimentary Period to avoid being charged; cancellation takes effect at the end of the Complimentary Period and you keep access until then.
• We will aim to notify you before your Complimentary Period ends, but it is your responsibility to cancel if you do not wish to continue on a paid plan.
• Only one Complimentary Period is available per coach unless we agree otherwise in writing, and Complimentary Periods are subject to the Promotions section.

Billing, Renewal, and Cancellation

• Coach Subscription payments may be monthly, or annual.
• Billing is in advance and auto-renews unless cancelled.
• You may cancel anytime, effective at the end of the current paid period.

Price or Term Changes

We will provide 30 days’ notice of any material change. You may cancel before the change takes effect.

Refunds

Subscription fees are non-refundable once a billing period has started, except:

• Where required by NZ consumer law or Australian Consumer Law (ACL); or
• Where Scouty chooses to provide a goodwill credit.

Payment Failures

If payment fails, we may:

• Notify you and provide a short grace period (e.g., 5 business days);
• Suspend platform features until payment is received
• Terminate for persistent non-payment.

Prices shown include GST where applicable.

Clients may browse, message/enquire with coaches and create accounts free of charge.

Fees for coaching services, products and programmes are set by coaches, and may be purchased through Scouty.

Client Responsibilities

• Arrive on time for booked sessions. A 10–15 minute grace period may apply at the coach’s discretion.
• Provide accurate health information necessary for safe service delivery.
• Use in-app messaging for booking changes to ensure clarity.
• Do not request or accept off-platform payments for bookings made through the platform.
• Pay any third-party venue fees (e.g., gym entry) unless otherwise stated.
• Ensure reviews are accurate and lawful; Scouty may remove reviews that breach these Terms.
• Avoid improper chargebacks; misuse may result in account action.

Services: Coaching, training, instruction, programmes, nutrition guidance, wellness support, and similar services delivered by coaches.

Products: Physical goods, downloadable or intangible items (e.g., templates, programmes, guides).

Booking: A session at a scheduled date and time.

Subscription (Client–Coach): A recurring arrangement (e.g., weekly/monthly sessions).

Unless stated otherwise at checkout, the coach is the supplier of products listed on their profile.

Products

Digital products are considered “accessed” once opened, streamed, or downloaded.

Licence to clients: Unless the coach agrees otherwise in writing, purchasing a Product or programme grants the client a limited, non-exclusive, non-transferable licence to access and use it for their own personal, non-commercial use only. The coach (or its licensor) retains all intellectual property rights in the Product. Clients must not copy, reproduce, record, share, resell, sublicense, distribute, or otherwise make the Prodct available to any third party, in whole or in part.

Faulty or Misdescribed Items

If faulty or not as described, clients may be entitled to a refund or replacement under the CGA or ACL. At first the client must raise this with the coach - should the matter not be resolved through this process the client can contact Scouty.

Payment Processor

Payments are facilitated by Stripe. By using the platform, you agree to Stripe’s terms. Scouty does not store full card numbers.

Who Receives Payment

Unless otherwise stated:

• Payments for services, programmes and products go to coaches.
• Scouty earns revenue primarily from Coach subscriptions.
• Scouty may pass on card acceptance surcharges only to the extent permitted by law and never more than actual cost.
• Scouty may add a commission on the purchase of products, services and programmes through the platform - these will be communicated at the checkout.

Funds Holding and Payout Timing

Scouty uses Stripe’s connected account architecture to hold funds pending service completion.

Single Sessions

Funds are released to the coach no earlier than 72 hours after the scheduled session, provided no dispute is raised within 48 hours of the session start time.

Client Subscriptions

Payout Timing

For all active Client Subscriptions (weekly, fortnightly or monthly), funds are released to the coach no earlier than 72 hours after the end of each subscription period, rather than after each completed session. This provides a consistent payout schedule and simplifies subscription management.

Session Usage

Clients receive a set number of sessions per billing/subscription cycle. Coaches are paid regardless of whether sessions are booked or attended, unless the client has cancelled in accordance with Section 9 or is otherwise entitled to a statutory refund.

Refunds, Disputes, and Adjustments

If a Client is entitled to a refund, pro-rata adjustment, or any amount is withheld due to a dispute:

• The amount will be deducted from the coach’s upcoming payout for that subscription cycle and refunded to the client.
• Any transaction fees or reversal costs associated with the refund or dispute will also be deducted.
• If the adjustment exceeds the upcoming payout, Scouty may withhold funds from future payouts or issue a debit to the coach’s account.

Refunds, Disputes & Recovery of Costs

Where Scouty issues or facilitates a refund due to coach non-delivery, cancellation, chargeback, or dispute, the coach is responsible for: (a) the refunded or disputed amount (b) any non-refunded processing or chargeback fees (c) reasonable administrative costs.

Authorisation to Debit

By using the Platform, coaches expressly authorise Scouty to:

• Set off and withhold payouts
• Maintain a negative balance
• Debit their nominated card, bank account or Stripe account to recover owed amounts to clients or Scouty within these terms.

Payout Withholding

We may delay or withhold payouts where:

• A session is upcoming or within the last 72 hours
• Fraud, non-delivery, or likely dispute is suspected
• The coach has an actual or anticipated negative balance.

No Off-Platform Payments

Coaches and clients must not:

• Circumvent platform payments; or
• Conduct off-platform transactions with Scouty clients for any services, products or programmes listed as available to book through their coach profile.

Doing so is a material breach and may result in termination

All cancellations are calculated using the session start time in the local timezone of the booking.

9.1 Client Cancellations — Single Sessions

• More than 48 hours’ before a session start time: Full refund.
• Less than 48 hours’ before a session start time or a client no-show: Non-refundable; payout released to Coach.
  • Coaches may offer reschedules or goodwill refunds but are not required to unless required by law.

Sessions that have been rescheduled and are later cancelled more than 48 hours from the rescheduled session start time by the Client are NOT eligible for a refund.

9.2 Client Cancellations — Subscriptions

• More than 48 hours’ before a session start time: A Session Credit is issued to rebook within the current billing period (or within 14 days).
• Less than 48 hours’ before a session start time or a client no-show: Session is forfeited; no credit or refund issued.
• Subscription Cancellation: Clients must cancel at least 72 hours before the next billing date to avoid being charged for the next cycle.

All client cancellations must be managed by the client through Scouty. Statutory consumer rights apply in addition to these policies.

9.3 Coach Cancellations & No-Shows

Coach No-Show: If the coach does not attend a booked session with the client

• Client receives a full refund for the session (or pro-rata for subscriptions).
  • The client has 48 hours from the session start time to notify Scouty, proof of the no-show will be required.
• The coach is responsible for associated transaction costs.

Coaches may cancel a session with a client with notice up to 1 hour prior to the scheduled session start time. Late Cancellation: If the coach cancels within 1 hour of the session start time and does not reschedule with the clients approval (client must agree to the rescheduled session time)

• Client receives a full refund for the session (or pro-rata for subscriptions).
  • The client has 48 hours from the session start time to notify Scouty, proof of the late cancellation will be required.
• The coach is responsible for associated transaction costs.
• Administrative Fee (up to 15% of booking value) may be charged, representing Scouty’s reasonable costs.
• Repeated cancellations may lead to suspension or account termination.

9.4 Programmes and Products

Generally non-refundable once accessed, unless faulty or not as described in accordance with the CGA/ACL.

9.5 Booking Cutoff

Requests to book a session with a coach within 12 hours of the session start time will need to be approved by the coach before being accepted.

Cut off for these requests close 1 hour prior to the session start time.

Coaches must:

Qualifications & Insurance

To offer Services on the platform, coaches must:

1. Hold a national or internationally recognised qualification appropriate for the Services offered. This includes:
   • New Zealand: NZ Certificate in Exercise (Level 4) or an equivalent international certification (e.g., NASM, ISSA, ACE, ACSM, NSCA).
   • Australia: Certificate IV in Fitness or an equivalent international certification.
   • Yoga: Minimum 200-hour Yoga Teacher Training certification.
   • Pilates: Recognised Pilates instructor certification.
   • Mindfulness, meditation, mobility, and lifestyle coaching: Appropriate recognised training or demonstrable professional experience.
2. Maintain current First Aid and CPR certification where required for their discipline.
3. Provide nutrition guidance only within their scope of practice. Coaches who are not qualified dietitians or nutritionists may only provide general healthy eating advice.
4. Hold and maintain, at their own cost, current insurance appropriate to the Services offered and the territory in which those Services are delivered, comprising at a minimum:
   • Public liability cover of at least NZD/AUD $5,000,000;
   • and Professional indemnity cover of at least NZD/AUD $1,000,000 held with a reputable insurer.
   • Coaches must provide a current certificate of currency before their listing goes live and whenever Scouty reasonably requests it.
   • Coaches acknowledge that they are independent providers, are solely responsible for arranging and maintaining their own cover, and are not covered by any insurance held by Scouty.
5. Deliver Services in a manner consistent with all applicable New Zealand and Australian laws, including health advertising rules (AHPRA, ASA, Medicines Act).
6. Keep all certifications, insurance, and qualifications current, and notify Scouty immediately if any lapse, expire, or are cancelled. Scouty may suspend or remove any listing where the required qualifications or insurance are not held, evidenced on request, or maintained.

Scouty may request evidence of compliance at any time. Failure to meet these requirements may result in suspension or termination of a coach’s account.

A coach is shown as "Verified" once they have uploaded, and Scouty has reviewed proof of the certifications or qualifications required under this Section. "Verified" confirms qualification evidence has been provided, reviewed and approved by Scouty; it does not denote REPs registration and does not guarantee outcomes.

Service Standards

Coaches must:

• Deliver services with reasonable care and skill.
• Ensure coach calendar, schedule, products and services are up to date - coaches are accountable for managing these features and their profile on Scouty.
• Deliver the full booked duration unless the client agrees otherwise.
• Ensure services materially match the listing and communications.
• Provide a safe environment and stop a session where safety requires.
• Comply with applicable health advertising laws (NZ: ASA Therapeutic & Health Advertising Code; AU: AHPRA rules).
• Health screening. Before delivering any physical training or exercise Service to a new client, coaches must undertake reasonable pre-activity health screening appropriate to their discipline (for example, a Physical Activity Readiness Questionnaire (PAR-Q) or equivalent). Where screening identifies a pre-existing medical condition, pregnancy, injury, or other risk factor, the coach must recommend the client obtain clearance from a qualified clinician before commencing, and must adjust, defer, or decline the Service where proceeding would be unsafe. Coaches must retain screening records in accordance with the Record Keeping requirements below.
• Coaches must not knowingly deliver Services to any person under 18 years of age.

Verified Service Delivery

Payouts require Verified Service Delivery, meaning;Scouty will recognise that the service was delivered unless a dispute is raised within 48 hours of the session start time. To raise a dispute, please contact support@scouty.co.nz.

No Delivery, No Pay

If the coach cancels, fails to attend, or materially under-delivers without client consent, the payout may be withheld or pro-rated.

Record Keeping

Coaches must maintain records of session date/time/location for at least 18 months.

Taxes

Coaches are solely responsible for determining, collecting, reporting, and paying all taxes, duties, and levies arising from their earnings on the Platform, including income tax, GST (where the coach is or becomes liable to register), and ACC levies. Scouty is not responsible for withholding, remitting, or accounting for any tax on a coach's behalf, and amounts paid out to coaches are gross of any such tax.

Nothing in these Terms limits non-excludable consumer rights under:

• New Zealand’s Consumer Guarantees Act 1993 (CGA)
• Australian Consumer Law (ACL)

If a service, product, programme or plan fails to meet a consumer guarantee, clients may be entitled to a repair, replacement or refund depending on circumstances.

Business Users

Where a client or coach acquires services for business purposes, the CGA does not apply.

• Scouty and coaches do not provide medical advice, diagnosis or treatment.
• Consult a qualified clinician before starting any new programme, particularly if you have a medical condition, are pregnant, nursing, or elderly.
• You assume the inherent risks of physical activity.
• Results vary and are not guaranteed.

Coaches must not diagnose or claim to treat medical conditions unless legally permitted.

You retain ownership of User Content (e.g., photos, plans, messages, reviews), but grant Scouty a worldwide, royalty-free, sublicensable licence to use it to operate and improve the platform.

Scouty may remove User Content that:

• breaches these Terms;
• is illegal, defamatory, harmful, misleading, or inappropriate.

Client Photos & Testimonials

Coaches must obtain express written consent before sharing any client photos or testimonials. Consent may be withdrawn prospectively.

All platform software, design, text, graphics and other materials (“Platform Content”) belong to Scouty or its licensors.

We grant a limited, revocable, non-exclusive licence to use the platform for its intended purposes.

Use of the Platform is subject to our Privacy Policy.

Coaches must comply with:

• NZ Health Information Privacy Code 2020 (HIPC), or
• Australian Privacy Act & Australian Privacy Principles (APPs).

Coaches must:

• Collect only necessary health information;
• Store it securely (e.g., password protection, encryption);
• Not use personal messaging apps to store sensitive information;
• Delete information when no longer required.

You must not:

(a) breach laws or third-party rights;

(b) harass, impersonate or harm others;

(c) post illegal, defamatory, hateful or misleading content;

(d) spam or solicit off-Platform;

(e) circumvent fees or process payments off-Platform;

(f) scrape, crawl or mine data without consent;

(g) interfere with Platform security;

(h) publish prohibited health claims.

We may:

• Monitor platform use;
• Investigate suspected breaches;
• Remove content;
• Issue warnings;
• Suspend or terminate accounts;
• Retain data for legal, audit, fraud and tax purposes;
• Cooperate with law enforcement as required.

Effect on live bookings and subscriptions.

Where Scouty suspends or terminates a coach's account, any active Client Subscriptions with that coach, and any future Bookings, are cancelled at the same time. Scouty will refund affected clients for any Services that have been paid for through Scouty but not yet delivered, drawing on funds held under Section 8. Any such refund, together with associated transaction or reversal costs, is recoverable from the coach in accordance with Section 8 (including set-off, withholding, negative balance, and debit). Termination does not relieve the coach of amounts already owed to clients or to Scouty.

Surviving provisions include: fees owed, IP, indemnities, limitations of liability, and jurisdiction.

You indemnify Scouty and its officers, employees and contractors from losses, claims, and expenses (including reasonable legal fees) arising from:

(a) your use of the platform;(b) your breach of these Terms or applicable law;(c) your User Content; or(d) your services (if you are a coach).

This indemnity survives termination.

The platform is provided on an “as is” and “as available” basis.To the fullest extent permitted by law, Scouty disclaims all warranties not expressly set out in these Terms.

We do not guarantee:

• uninterrupted or error-free operation;
• that bookings will proceed;
• outcomes or results from coaching.

To the fullest extent permitted by law:

• Scouty is not liable for indirect, incidental, consequential, special, or punitive losses (including lost profits, revenue, goodwill, or data).
• Scouty’s total aggregate liability for all claims in any 12-month period is limited to the greater of:(a) the total subscription fees you paid to Scouty in that period; or(b) NZD $100.

Nothing limits liability that cannot legally be limited.

These Terms are governed by New Zealand law.

The courts of New Zealand have non-exclusive jurisdiction over disputes.

Australian Users

Nothing in these Terms limits your rights under the ACL or prevents you from bringing a claim in an Australian court where the ACL applies.

We may modify or improve Platform features at any time.

Where a change is material and adverse, we will provide prior notice.

We aim to resolve issues quickly. Please contact support@scouty.co.nz with details of your concern.

This internal process does not limit your CGA or ACL rights or ability to seek external redress.

A failure to enforce a provision is not a waiver.

If any provision is invalid or unenforceable, it will be severed or limited to the minimum extent necessary, with the remainder continuing in full force.

From time to time Scouty may make available discounts, credits, promotional pricing, free or reduced subscription periods, promotional codes, referral rewards, giveaways, competitions or other offers (each a "Promotion") to coaches, clients or prospective users. Except where a Promotion has its own written terms, this section applies to all Promotions.

General

• Promotions are offered at Scouty's sole discretion. We may create, change, limit, suspend, withdraw or end any Promotion at any time before it is redeemed, and no person has any right or entitlement to any Promotion.
• Each Promotion may have its own specific terms (including eligibility, value, minimum spend, applicable plans, services or products, start and end dates, and redemption limits). Where a Promotion's specific terms conflict with this section, the specific terms apply to that Promotion.
• Unless stated otherwise, Scouty may restrict a Promotion to particular users, plans, regions or time periods, and to new or existing users only.

One Promotion at a Time (No Combining)

• Only one Promotion may be applied to any single account, subscription, booking, product or transaction at a time.
• Promotions, discount codes, credits, free or reduced subscription periods, trials and referral rewards cannot be combined, stacked or used together, and cannot be applied on top of any other offer, unless Scouty expressly states otherwise in writing.
• This limit applies per coach and per client (and, where relevant, per account, per person or per household).

Promo Codes

• Promotional codes are for use by the intended recipient only. They must not be copied, sold, published, shared or distributed without our permission.
• We may deactivate, refuse or reverse any code that is shared, published or used outside its intended terms.

Free or Reduced Subscription Periods

• Where a Promotion includes a free, complimentary or reduced subscription period, conversion to a paid plan at the end of that period is governed by the Coach Subscriptions section.

Value, Transfer and Expiry

• Promotions, credits and rewards have no cash value, are non-transferable, and cannot be exchanged, redeemed or refunded for cash.
• Unused credits, session credits, free sessions or other promotional benefits expire on the date stated, or if no date is stated, 12 months after they are issued.

Refunds and Cancellations Involving Promotions

• Where a purchase made using a Promotion is cancelled or refunded, any refund is limited to the amount actually paid by the user, not the standard or pre-discount price.
• Where a credit or promotional benefit was used, it will (at our discretion) be returned as a credit on the same terms rather than refunded as cash, subject to your non-excludable rights under the CGA and ACL.

Fair Use, Misuse and Fraud

• Promotions must be used in good faith and as intended. We may withhold, refuse, cancel, reverse or claw back any Promotion (and charge the standard price, or debit the relevant account in accordance with the Payments, Payouts & Funds Holding section) where we reasonably believe there has been:
  • misuse, manipulation or abuse of a Promotion;
  • creation of multiple, duplicate or fake accounts to obtain a Promotion;
  • self-referral, fake referrals, or referrals not made in good faith;
  • use of bots, scripts or automated means; or
  • any breach of these Terms or a Promotion's specific terms.

Referrals

• Where we run a referral Promotion, a referral reward is only earned once the qualifying conditions are met (for example, the referred user completing a qualifying paid action and any qualifying period passing without cancellation or refund).
• We may vary or end a referral Promotion at any time, and may withhold or reverse rewards that do not meet the qualifying conditions or that we reasonably believe are not genuine.

Errors

• If a Promotion, price or code is published or applied in error (including an incorrect value, discount or eligibility), we may correct, refuse, cancel or reverse it, even after redemption, and will not be bound by the error.

Tax

• Where GST applies, it is calculated on the discounted amount actually payable.

Changes

• We may amend this section and any Promotion's terms. The version in force at the time you redeem a Promotion applies to that redemption.

These Terms, together with documents incorporated by reference (including the Privacy Policy and feature-specific terms), form the entire agreement between you and Scouty and supersede prior understandings.