Terms & Conditions
These terms and conditions are the contract between you and Coach Connect Australia (“us”, “we”, etc).
These terms and conditions are the contract between you and Coach Connect Australia (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We refers to Coach Connect Australia, a business registered in Australia, ABN 11857696589.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
1. Definitions
These are the agreed terms
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Directory” means the Coach Connect Australia directory of Australian business & life coaches, the purpose of Our Website.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Vicky Lau group of companies. It includes all web pages controlled by us.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Services” means all of the services available from Our Website.
2. Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately as it occurs. If you do not do so, we may terminate your account.
3. Inclusion in the Directory
- We may place data in the Directory, or edit or remove any entry.
- Data placed by us is obtained from open sources on the Internet or elsewhere.
- A data subject may edit his entry at any time (once claimed).
- To qualify to be listed in our Directory your Business must be:
- Located in Australia with a valid ABN
- Provide your services to clients within Australia
- Suited to one or more of our Directory categories (areas of expertise)
- The media (photos and video) included in the Directoy Listing must also comply with the following conditions:
- They accurately represent your Business
- You own the copyright or have permission from the copyright owner
- You have permission from any people that can be identified in the images or video
- Coach Connect Australia reserves the right to decline businesses that don’t meet the above criteria.
- We may preserve or disclose data placed in the Directory by any person:
- to comply with the law, including any judicial order;
- to respond to any claim by a third party;
- to protect the rights of any person;
- to disseminate information in the normal course of use of the Directory.
4. Listing Plan Subscription terms
- Details of the cost and benefits of Coach Connect Australia’s subscriptions are as set out on Our Website and accordingly updated from time to time.
- Payment for a subscription is on a month-by-month- or year-by-year basis.
- Apart from your cancellation right, termination of a subscription will be regulated by this contract set out in section 7 below.
- We reserve the right to modify the subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of Coach Connect Australia’s Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you subscribe to Our Website.
5. Prices, Coupons & Discounts
Prices:
- The prices payable for Services are clearly set out on Our Website.
- Prices are inclusive of any applicable goods and services tax or other sales tax.
- When you subscribe for a subscription Service, that payment may not cover other Services, for which we will ask you to pay either by addition to your subscription or by a single payment.
Coupons & Discounts:
- Each claimant is entitled to one coupon per purchase. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by CCA
- If a coupon is used for a subscription service that is cancelled, the coupon immediately becomes null and void.
- Coupons will expire on the date specified in the specific terms relating to the coupon, or before subject to availability. You cannot use the coupon after this time.
- Our standard terms and conditions of sale apply in respect of any orders placed using a coupon.
- CCA reserves the right to vary or discontinue the coupon scheme at any time.
6. Subscription Renewal payments
- At renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice and shall confirm the renewal of your subscription for a further period by sending you an email message.
- By default, the billing schedule for a subscription is based on the day the customer buys the subscription. For example, if you purchase a monthly plan on the 15th of February, the next payment will be processed on the 15th of March. Annual plans will be renewed on the same date each year.
- Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your listing will be cancelled.
7. Subscription Cancellations & Refunds
- At any time before renewal of your subscription, you may use the “My Account” section on Our Website or contact us directly to cancel your subscription for any reason, with immediate effect.
- All payments received regardless of time within the subscription period are non-refundable and non-transferable without exception when cancelled by the customer/advertiser.
- We may also terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party;
- There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
- In the event of such termination by us without violation by you to the terms of this agreement, we will refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed less a $25 administration fee. Refunds are processed within seven business days.
8. Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
9. Security of your credit card
- We take care to make Our Website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website.
- If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
10. How we handle your data card
- Our privacy policy is strong and precise. It complies fully with the current privacy law.
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
- Even if access to your data is behind a user registration, it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Posting is in the public domain is not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out above.
11. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- post Content on behalf of some other person, or impersonate another person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- link to any of the material specified in this paragraph;
- post excessive or repeated off-topic messages to any forum or group;
- send age-inappropriate communications or Content to anyone under the age of 18.
12. Your Posting: restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information.
13. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
14. Our Website: moderated Content
Whatever the age of consent in your country, we are anxious that our users should be protected from unsuitable Content. To protect you and your children, you should know our policy, which is as follows:
- Insofar as Content relates to children, our volunteers have checked both the entries, and, where relevant, the links.
- We do not knowingly collect personal information from any person under the age of 18 years.
- Any person of any age may freely access any page of Our Website. We do not check identities or moderate Content beyond our reasonable control.
- It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
- Where links are concerned, you may like to check the privacy policies of those websites where your children might visit frequently to see how they collect and use information.
- Filter software may also be useful to you.
- You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of the site accessible by a link from Our Website.
- You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
15. Customer Ratings and Reviews
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Coach Connect Australia. By submitting review content to Coach Connect Australia, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- you are not impersonating any person, or misrepresenting your identity or affiliation with any person
- All “moral rights” that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 18 years old;
- Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
- If leaving a negative review, you have included in your comments what steps you took to try and resolve your issues with the business in question.
- You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
- You agree to indemnify and hold Coach Connect Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable solicitor fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
- For any content that you submit, you grant Coach Connect Australia a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
- All content that you submit may be used at Coach Connect Australia’s sole discretion. Coach Connect Australia reserves the right to change, condense or delete any content on the site that is deemed, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Coach Connect Australia does not guarantee that you will have any recourse through the site to edit or delete any content you have submitted. Ratings and written comments are generally posted within one to three business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Coach Connect Australia, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Coach Connect Australia.
- By submitting your email address in connection with your rating and review, you agree that our third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
- Negative Reviews:
- We will always attempt to send a courtesy email to the listing owner when negative reviews are received but we are under no obligation to do so. If you wish to dispute a review you can do so via the appropriate form found on the FAQs page.
- Dispute submissions will be considered once and all decisions are at the sole discretion of Coach Connect Australia and are final. The business listing owner and review author will be given the opportunity to discuss the matter further privately but if either party refuses, contact details will not be provided.
- Review disputes are usually reviewed within 2-3 business days and you will be notified via email of the outcome.
- Although content is moderated and review disputes considered by Coach Connect Australia, we are under no obligation to anyone to oversee, monitor or moderate same and we may stop moderating at any time.
16. Security of Our Website
If you violate Our Website, we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
17. Intellectual Property
- You agree that at all times you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- notify us of any suspected infringement of the Intellectual Property;
- so far as concerns software provided or made accessible by us to you, you will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by this agreement;
- give access to it to any other person than you, the licensee in this agreement;
- in any way provide any information about it to any other person or generally.
- not use the Intellectual Property except directly as intended by this agreement or in our interest.
18. Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
- The Coach Connect Australia Website and its Services are provided “as is”. We make no representation or warranty that they will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We accept no responsibility for:
- third party advertisements which are posted on Our Website or through the Services;
- the conduct, whether online or offline, of any user of Our Website or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Services concerned.
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $200.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
19. You indemnify us of liability
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- a contractual claim arising from your use of the Services
- any Content you Post to Our Website;
- a breach of the intellectual property rights of any person.
20. Miscellaneous matters
- You undertake to provide to us your current address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- You agree that we may disclose your information including assigned IP numbers, account history, account use, etc to any judicial or proper legal authority who makes a written request without further consent or notification to you.
- Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of NSW and you agree that any dispute arising from it shall be litigated only in that State.
