Last Updated on September 24, 2021
These terms and conditions (“Terms”), constitute a legally binding agreement between you (the Client) and YWS Coaching Pty Ltd (ABN 64 618 297 439) of Level 1, 11 East Parade, East Perth WA, (“YWS Coaching”), for the provision of online programs and/or other services set out in your client agreement (the “Services”) effective from the date the last party signs client agreement OR starts using the Services.
Any reference to “YWS Coaching”, “we”, “our”, “us” or similar words includes the business, its directors, employees, agents, presenters, associates, successors and assigns. Any reference to “you” or “your” or similar words includes you, your associates, successors and assigns.
These terms and conditions are governed by the laws of Western Australia, Australia and you consent to the jurisdiction and venue of courts or tribunals in Perth, Western Australia in all disputes arising out of or relating to our products or services. Notice of dispute may be provided via email.
We may choose to update these Terms and Conditions in the future. When a Client signs an Agreement to use YWS Coaching’s Services, the Client agrees to use the latest Terms and Conditions. YWS Coaching may choose to not exercise or enforce any right or provision of the Terms and Conditions; in doing so, we are not waiving that right or provision. These terms do contain a limitation of YWS Coaching’s liability.
1.1 Our services are provided for your education only. General business and financial information may be provided. This information is not financial advice and does not take into consideration your specific objectives, financial situation or needs. You should consider the appropriateness of the information to your own circumstances and seek independent legal, financial or accounting advice where appropriate.
1.2 You may be invited to participate in some group discussions and coaching sessions as part of this program. You are not required to participate. By participating, you declare that you are responsible for your own physical and psychological health and believe you are fit to be involved.
1.3 Further education for sale – You understand that additional products or services with different or more detailed information may be offered as part of this program. You are free to choose whether you want more information and to make the decision to purchase.
1.4 Any case studies, examples or testimonials are provided by way of example only and do not comprise any form of guarantee in regard to the effectiveness of any product or service offered. Your success in any endeavour will be directly related to your efforts.
1.5 YWS Coaching may invite other people to present. This is not an endorsement of the product or service offered by that presenter and any decision to purchase from that presenter will be entirely your choice and responsibility.
2. Privacy and confidentiality
2.2 Where confidential information is disclosed to you by YWS Coaching or another participant it is done so for your personal benefit or learning, and you agree not to disclose that confidential information to any other person or entity outside this event.
2.3 You acknowledge that any confidential information shared by you is done so at your own risk.
3. Recording the program
3.1 You are prohibited from making an electronic recording of any part of this program without our prior consent.
3.2 You acknowledge that the intellectual property rights in the materials presented or provided to you in this program remain the property of YWS Coaching or the relevant presenter. The materials are provided for your personal use only and are not to be shared, copied or displayed in a public forum.
3.3 You acknowledge that YWS Coaching may video, photograph or otherwise record this program and irrevocably authorise YWS Coaching to use any image, likeness or recording in any manner we chose without reference or payment to you.
4. Payments & Refunds
4.1 There is no money back guarantee for any information provided as part of this program. Your results will depend upon the level of your participation and the actions you take.
4.2 Fees are not refundable simply because you have changed your mind. In the event of a change, transfer or refund, we may charge or retain an administration fee equivalent to 20% of the cost of the product or service purchased or AUD$1000, whichever is the lower amount.
4.3 If you elect to use a payment plan to cover the cost of this program, you authorise us to debit the initial payment and all periodic instalments from your card or account until the program is paid in full. Debits will cease upon receipt of payment in full by YWS Coaching.
4.3.1 Payments will be debited from your account on the same day each period. Bitcoins are not accepted.
4.3.2 It is your responsibility to ensure there are sufficient funds available in your account to cover each debit amount.
4.3.3 You must notify us not less than 2 business days before the date a debit is due if you wish to update your account details or arrange an alternate payment method.
4.3.4 If your payment is declined for any reason, any fees incurred by YWS Coaching become due and payable by you. Your bank may also charge a dishonour fee.
4.3.5 Receipts for each successful payment will be emailed to you showing the amount still outstanding.
4.4 Due to the limited spaces in our programs, your fees are not refundable simply because you have changed your mind about participating or are no longer available to attend on the date booked.
5. Limitation of liability and release
5.1 The program is offered on a “as is” and “as available” basis.
5.2 To the fullest extent permitted by law, YWS Coaching, our related entities, service providers, licensors, and respective officers, directors, employees or agents (the “YWS Coaching party”) expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, related to our programs.
5.3 You release YWS Coaching Pty Ltd from all and any responsibility or liability for any losses, injury, claims or demands arising directly or indirectly as a result of your participation in the program or use of the information obtained through YWS Coaching Pty Ltd for any purpose, to the fullest extent permitted by law.
5.4 This is a comprehensive limitation of liability that applies to all losses and damages of any kind whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis; even if any the company party has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.
5.5 If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the company parties under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed One Hundred AUD dollars.
5.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply.