Terms of Service

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Online Programs and Courses are owned by or licensed by us. We grant you a  non-exclusive, non-transferable, royalty-free, revocable licence for the duration of the Program or Course, to use our Materials for your personal use only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Materials in any way. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent.

YOUR OBLIGATIONS AND USER CONTENT RULES

  • By registering as a member you agree to provide us with various personal information including but not limited to your name, email and phone number  (“information”). You represent and warrant that:
  • all information you provide is true, correct, current and up- to date;
  •  you will respond promptly to any of our requests for further information.

In the event that we find that any information is not true correct or current, we may at our sole
discretion immediately  terminate your membership and ban you from our Online Programs and

Courses.

We encourage you to engage with our online discussion forums and submit or post comments and content, however, we do not recommend that you include any personal information in your posts, so as not to encourage any spam. You also post on the condition that you agree that we may, at any time and, without compensation to you, edit, copy, distribute, and otherwise use any posts that you make. We have no obligation to reply or engage with your posts. When you post to you must comply with our content standards as follows:

You must not post:

  •  Any advertising, self-promotion or sales;
  •  Any inappropriate or offensive content, including but not limited to, any messages with insults or profanity, messages which are religiously, racially, or sexually offensive, or threatening or abusive;
  •  Any illegal content including, but not limited to, any content which breaches confidentiality or anything defamatory;
  • Anything that violates the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy;
  • Any immoral content, including but not limited to, anything pornographic or obscene; or
  • Any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

Where posts do not comply with our content standards, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. Any breach of these content standards will constitute a breach of these Terms of Use and we may immediately terminate your use of our website. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts.

If you consider that someone is breaching the posting rules, please notify us at
[email protected] immediately so that we can address the issue immediately.

You must also complete the whole of the Online Program or Course. If you do not complete the
Program or Course, we may at our sole discretion ban you from future Online Programs and Courses.

RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Online Program and Course Materials that may be classed as legal, business, financial, medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information or advice may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.
Occasionally the information or advice may not be complete. For that reason, we cannot guarantee that the information or advice is  accurate, complete or current.

We cannot take into account your personal situation or your personal goals or objectives when
providing the Online Program and Course Materials. You must consider whether or not the
information and advice is appropriate to your needs. Online Program and Course Materials are not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any health information before seeing a doctor.

NO GUARANTEES
We cannot guarantee the suitability of the Materials, and they are provided “ as is” without any
warranty.

PAYMENT TERMS
You agree that you will pay us the full amount of the program or course at point of sale via Paypal.

Upon receipt of your payment the Online Program and Course Materials will be delivered
electronically to you. All sales are non-transferable and non-refundable. Payment of the full amount must be received by us prior to the commencement of the Online Program or Course. Your place in an Online Program or Course cannot be reserved or confirmed until this payment has been received.

REFUNDS, TRANSFERS
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide
refunds for your change of mind, or where you failed to provide us with adequate information, or can no longer attend for any reason, including if you are sick. We do not provide refunds if you do not complete the Program or Course. On occasion we may permit you to transfer to another Online Program or Course. Any transfers to other Online Programs and Courses are at our sole discretion and are subject to numbers and availability.

ONLINE PROGRAM CHANGES
Despite our reasonable endeavours, on occasion we may need to change times or dates at short notice or even cancel an Online Program or Course. We will notify you as soon as possible of any changes. In these circumstances we may also offer a transfer to another Online Program or Course if the time or date is inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.

CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian
Consumer Law including, but not limited to, rights to refunds where there is a major change with the Online Program or Course, such as where there is a date change, or the Program or Course is cancelled.
If an Online Program or Course fails to meet a consumer guarantee, please notify us at
[email protected]

MARKETING
You permit us to photograph and/or video the Online Programs and Courses and use the
photographs and video and any testimonials for marketing and information purposes, or
publications exhibitions and professional awards.  You must seek our prior written consent before any publication of information about us.

TERMINATION
We may refuse to provide membership or Online Programs and Courses to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your membership and ban your purchase of any Online Programs and Courses. We can also stop offering our Online Programs and Courses at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Programs and Courses.

LIABILITY AND INDEMNITY
Your use of, or inability to use our website services at your sole risk. To the maximum extent
permitted by law, we are not liable for any Loss or damage arising from your membership or use or non-use of any Online Program or Course including, but not limited to, any errors or omissions in any Materials, your interpretation of Materials, your misuse of Materials, price changes or discontinued Programs and Courses, changes to dates and times of Programs and Courses, termination of your membership, any changes to Online Programs and Courses, or any reliance on our advice or information in our Materials or otherwise delivered in the Online Program or Course.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • The supply of equivalent services eg a transfer to another Online Program or Course or
  • The payment of the cost of your Online Program or Course.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Program or Course  you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim  arising out of or in
connection with your breach of this Agreement, including , but not limited to any breach of the
Intellectual Property Rights in our Materials, the user content rules, where you provide incorrect personal information, where you do not complete an Online Program or Course, and any unauthorised use of your membership account.

IF THERE IS A DISPUTE
If at any time our membership services or Online Programs and Courses are not reasonably
acceptable to you or we disagree on the quality of the event you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Online Programs and Courses and other terms and conditions on our website, these Terms for Online Programs and Courses prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

Agreement means these Terms for Online Programs and Courses, and the Terms of Use and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.Client means you, the client who is agreeing to these terms and conditions.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage
and legal costs. Materials means all online program and course materials, documents, copy, diagrams, photographs and anything provided to you during the program or course.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Services means the membership services and Online Programs and Courses we agree to provide to you.
We, us, or our means  Gina Mitchell Pty Ltd t/as Gina Mitchell [ ABN 49459171873 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries. Website and services means www.midlifecoachingforwomen.com.au , and everything available on this website including, but not limited to, all products and services.