PROGRAM TERMS & CONDITIONS
Access to and use of our online programs and associated content (“the platform”) is provided by Coaching Advocates (“Coaching Advocates”, “we”, “us” and “our”) on the following terms.
Please read these terms and conditions (“the Program Terms & Conditions”) carefully. By using, browsing and/or reading our platform, this signifies that you have read, understood and agree to be bound by these Program Terms & Conditions. If you do not agree with these Program Terms & Conditions, you must cease usage of our platform immediately. Your acceptance of products and services from us means that you accept these Program Terms & Conditions.
Before you continue, we recommend you keep a copy of the Program Terms & Conditions for your records.
For the purposes of these Program Terms & Conditions:
- a reference to “writing” includes any method of representing words, figures or symbols in a permanent and visible form including online or in an electronic communication;
- a reference to “online” or to an “electronic communication” includes a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy, including by means of the internet.
ACCEPTANCE OF THE PROGRAM TERMS & CONDITIONS
You are required to accept these Program Terms & Conditions to use our platform, which then entitles you to a personal, non-exclusive, non-transferable subscription to use our platform and the data contained in or made available through us solely for your own personal or business purposes.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You must notify us immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you.
You accept responsibility for use by any user who accesses our platform through your account, however if you use or access our platform through another person’s account these terms are also binding on you.
We may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that we are not liable in respect of:
- any error, omission or loss of confidentiality arising from an electronic communication;
- any unauthorised copying, recording or interference with a document;
- any delay or non-delivery of a document; or
- any damage caused to your system or files by such electronic transmission (including by any computer virus).
CHANGES TO THESE PROGRAM TERMS & CONDITIONS
We may make changes to these Program Terms & Conditions from time to time to accommodate changes in our business practices or the introduction of new products or services or a change in our fees.
If we do, and if you are a user of paid content and the changes will negatively impact your use of paid content on our platform (“Condition Change”), we will notify you in writing at least 28 days before those changes take effect with the option for you to cancel your use of our platform on a paid basis before the changes take effect. Your acceptance or order of further products and services and/or payment of further fees due after the date the Condition Change takes effect is deemed acceptance of the Condition Change. If you do not want to accept the Condition Change, you are entitled to terminate any ongoing use of our online platform via your online account with us before the Condition Change takes effect.
We grant to you a non-exclusive, non-transferable limited licence to:
- access and use data and materials made available on our platform that you have chosen;
- download and temporarily store insubstantial portions of such data to a storage device under your exclusive control;
- internally display such downloaded data; and
- reproduce such data subject to the further limitations set out in these Program Terms & Conditions.
Your licence will expire upon the conclusion of the program that you have purchased, and/or in accordance with the date or time period noted on our website or as notified by us to you from time to time.
You may only republish data made available by us with our prior written consent.
Certain software you use may not be capable of supporting our platform and the performance of the service will vary with the hardware on which it is used. You must check that your network is capable of supporting our platform.
For so long as you are paying the fees required by us, and you are complying with these Program Terms & Conditions, we grant you a non-exclusive right to use our platform content, subject to the restrictions set forth in these Program Terms & Conditions and any other restrictions communicated by us in writing.
FEES & CHARGES
You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time you make a purchase. Fees will be calculated in accordance with our pricing schedule (as made available by us from time to time on our website). Unless stated otherwise, fees are charged in Australian dollars and are expressed exclusive of GST (which applies in addition where so required by the GST law). You must provide us with valid credit card information as a condition to purchasing paid content.
Unless stated otherwise, we charge and collect payments in full in advance.
You agree to provide us with complete and accurate billing and contact information. This information includes your company name, street address, e-mail address, and name and telephone number of an authorised billing contact. You agree to update this information within 5 business days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your subscription in addition to any other legal remedies.
If you believe that you have been incorrectly billed by us, you must contact us in writing within 56 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
You agree that we will not be liable for any loss caused by any unauthorised use of your credit card or any other method of payment by a third party in connection with your account. You waive your right to dispute any payment made into your account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with your account, or any failure by you to honour charges or requests for payment may result in immediate termination of your account. In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
If you have subscribed for one on one coaching, the following conditions apply.
We will meet with you for the number and the duration of the coaching sessions purchased. The sessions will be via video conference or telephone based, unless otherwise agreed.
Together we may co-create specific goals at the outset of the coaching relationship, however the agenda for each coaching session is controlled by you and the coaching sessions may therefore, at your election, cover topics that fall outside the co-created goals.
Unless otherwise agreed, all coaching sessions are to be carried out before the last day of your subscription. Any coaching sessions that have not been held before the last day will (at our discretion) be forfeited.
You are expected to join each coaching session at the pre-agreed time and if you wish to reschedule a coaching session you must make that request to us at least 48 hours before the session start time. If you fail to attend the session within the first 15 minutes of the scheduled session time or seek to reschedule a coaching session within 48 hours of its start time, that coaching session will, at our discretion, be forfeited.
We will be compensated in full by you for any forfeited or unused coaching sessions.
You acknowledges and agree that:
- you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching sessions and interactions with us
- your can, at any point, declare your preference not to discuss a specific issue, by simply stating this. We agree to respect this boundary and will not attempt to forward the conversation further along those lines.
- we will not advise you, nor make decisions for, nor impose any solutions on you. It is your responsibility to enact or bring about change
- we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by us
- coaching is not therapy and does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease
- coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility
- coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals. It is your exclusive responsibility to seek such independent professional guidance as needed
- if you are currently under the care of a mental health professional, you will promptly inform the mental health care provider of the nature and extent of the coaching relationship
- in order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the coaching relationship.
We will hold the content of the coaching sessions confidential and will not, without your express written consent, reveal any aspect of those sessions to any person, save for:
- any disclosure expressly agreed to by you
- any disclosure we are required to make by law
- information that involves illegal activity
- information disclosed to us and as a result of the disclosure we reasonably believes there to be an imminent or likely risk of danger or harm to you or others or
- information that is generally known to the public or generally known to people in your industry.
If we or you come into possession of any proprietary or confidential information from another person, client or user of our services during the course of your use of the platform, we and you agree to not disclose any information to a third party without consent.
You irrevocably consent to the recording of phone and video calls that you participate in as part of any program that you purchase from us. You also irrevocably consent to us sharing said recordings with other participants who are part of the same cohort with respect to the program that you have purchased and you irrevocably waive the need for any further notice of such monitoring or recording or sharing to be given to you by us.
You acknowledge that professional bodies including but not limited to the International Coaching Federation (ICF) may require us to verify that services have been provided to you. You consent to us providing your phone number and email address to any professional bodies to authenticate the provision of our services.
DISCLAIMER OF LIABILITY AND WARRANTIES
If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of products or services ordered by you which cannot be excluded, restricted or modified (“Non-excludable Rights”), we do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all products and services ordered by you are provided without warranties of any kind, either express or implied;
- we do not warrant that those products and services will be complete or free from all errors;
- we do not warrant that information will continue to be available to us to enable us to keep those products and services up-to-date; and
- all representations are expressly excluded and you have not relied on any representations in ordering products and services from us.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which results from any use, or any inability to use, your membership, your subscription, our products or our services.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply of the good or service ordered by you again or paying for their resupply. We do not offer refunds.
Notwithstanding the above we will be deemed to have been discharged from all liability in respect of our services and the platform, at the expiration of the period of 12 months after the latter of (i) the last day our services or platform were provided to you and (ii) the date of termination and (where applicable) you (and persons claiming through or under (where applicable) you) will not be entitled to commence any action or claim whatsoever against us in respect of the services and our platform after said period.
We will not be liable to you for any act or omission by us in the performance or purported performance of the services or use of our platform unless the act or omission is fraudulent. You agree to hold us harmless from any action, claims, liability, injury, damage or loss in respect of the provision of the services and the platform unless the act or omission is fraudulent.
Notwithstanding any damages that the Client may incur, our entire liability and your exclusive remedy, is limited to the amount actually paid by you to us for all services rendered and use of our platform.
TERMINATION OF CONTRACT BY US
We may, in our sole discretion, terminate your password and account and remove and discard any data in your account, including data uploaded by guests, if you breach or otherwise fail to comply with these Program Terms & Conditions, including but not limited to non payment.
Upon termination of an account by us, your right to use such account and our platform immediately ceases, and we shall have no obligation to maintain any data stored in your account, be that your data or data uploaded by guests, or to forward any data to you or any third party.
We reserve the right to terminate your account for non-payment if, by 28 days after deactivation of your account, you have not brought your account balance current or contacted us regarding reactivation. If we terminate your account, all of the data uploaded by you or guests, may be deleted by us.
SUSPENSION OR MODIFICATION OF OUR PLATFORM
We may discontinue, cancel, suspend or revise any or all aspects of our platform or publications or data appearing on our platform (including, without limitation, the supply of any publication through our platform) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the publication of that service.
We may suspend or cancel your access to your account and/or the platform, in whole or in part, until further notice, with immediate effect:
- for any reason we determine in our sole discretion;
- for periodic maintenance;
- to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
- if we believe that the platform or its content may be used in such a way as may constitute a breach of any provision of these Program Terms & Conditions;
- if we have reasonable grounds to suspect that there has been unauthorised access to your account or that you have committed or may be committing any illegal or fraudulent activity in connection with your account;
- if you breach any part of these Program Terms & Conditions; or
- if you fail to pay all or part of any fee by the due date.
We will endeavour, where possible to provide you with reasonable notice of such suspension or cancellation.
Whilst we will use our best endeavours to minimise disruption to the platform, unscheduled outages may occur from time to time.
We will not be liable for any failure to perform any obligation to you due to causes beyond our reasonable control.
When using our platform, you must comply with all copyright laws. Replication of our data is strictly forbidden without written permission from us. Unless permitted by law or as otherwise expressly permitted in this contract, you must not, nor must you authorise any third person to:
- reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the service, or any part of the publications or service, in any form or by any means;
- modify or make any alterations, additions or amendments to any part of the publications downloaded from the platform;
- make the platform available to any person other than an authorised user;
- convert material downloaded from the platform into an electronic format other than the one in which it was supplied;
- reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components;
- remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices;
- combine the whole or any part of the data available on the platform with any other software, data or material; or
- store or use any part of such data in an archival database or other searchable database except as forming part of any work product.
Children are not permitted to use our platform. We do not knowingly market or deliver information to children. By using our platform, you confirm you are above the legal age.
REDISTRIBUTION & RESELLING
Redistribution and reselling of our goods and services is not permitted under any circumstances.
If you have any questions, contact us at firstname.lastname@example.org