VIP Coaching Package Terms and Conditions

 

  1.    Introduction

1.1    These terms and conditions (together with our privacy notice, disclaimer and website terms of use which can be found on our website at www.sianburton.com  (“the Website”), (together “Terms and Conditions”) confirm the basis on which we supply the Strategic Marketing VIP Coaching Package(“the Programme”) to you, the person purchasing the Programme (“You”).

1.2    Please read these Terms and Conditions carefully before placing your order to purchase the Programme. By placing your order, you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions then you should not proceed with any order of the Programme.

  1. The Programme

2.1    The details of the Programme, along with confirmation of the cost which you have agreed to pay to us (“the Fee”), is as set out in Schedule 1 (attached). The Programme is a business-related course and is designed to be used for business purposes.

2.2    Any information, support, materials or guidance we provide as part of the Programme are intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise, and do not constitute legal, medical or financial advice.

2.3    Your purchase and access to the Programme is personal to you. On this basis you accept and agree that you will not share or disclose your access to the Programme, or your password to any private area, with any third party, or sell, license or otherwise assign your rights in relation to this Programme.

  1. What we expect from you when we work together

3.1    When you purchase any of our Services, including the Programme, you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract, and that all information you provide to us is true and accurate.

3.2    As part of your participation in the Programme, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Programme.

3.3    You accept and agree that all communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. You can contact us using the details set out below

  1.    Your Purchase of the Programme

4.1    Your purchase of the Programme is a contractual offer made by you that we may choose to accept. Our decision to accept your offer will be dependent on a number of circumstances including but not limited to you accepting and electronically signing these Terms and Conditions. You will be required to do this prior to us sending you our welcome email.

4.2    Our email acknowledgment is not our acceptance of your order. Our acceptance is indicated when we send your Welcome email (“Welcome Email”) and a legally binding agreement between us will be formed once we send the Welcome Email.

4.3    When you place an order to purchase the Programme you will be required to acknowledge that you wish access to the Programme to be provided to you immediately and that you acknowledge and agree that you will lose any legal right to change your mind and cancel this agreement.

4.4    If your order is not accepted, we’ll notify you by email and provide a full refund.

  1.    Accessing the Programme

5.1    Where the Programme includes access to a private area and/or you are required to set up an account it shall be your responsibility to:

51.1    provide the correct information to set up your access to the private area or create your account; and

5.1.2    keep your password or any other access information private, safe and secure; and

5.1.3    to notify us should you become aware of or suspect that a third party is aware of your password or access details.

5.2    When accessing the Programme you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.

  1.    Our Obligations when we deliver the Programme

6.1    When we deliver the Programme we’ll do it with reasonable care and skill and we shall make every effort to deliver it in accordance with the details as set out in Schedule 1, save that we reserve the right to amend, revise or make changes to the Programme or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Programme still matches the description provided to you at the time of your purchase, except that we shall not be prevented from making any beneficial changes to the Programme which mean that the original description is enhanced.  We shall not be liable for any changes or cancellations that are made to the Programme.

6.2    The Programme is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to the Programme or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Programme or our systems or processes which is caused due to routine or unexpected maintenance.

6.3    In delivering the Programme, we may engage the services of our employees, contractors and other third-party providers as we deem necessary.

  1.    Payment Terms

7.1    The cost for the Programme (“the Fee”) is as set out or the order form.

7.2    Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment must be received by us before you are entitled to access the Programme.

7.3    Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Programme then you agree to be responsible for payment of the Fee within 7 days from access to the Programme being provided.

7.4    The Fee is based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. You agree and acknowledge that:

7.4.1    you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the Programme on your part: and

7.4.2    the Fee is payable in full and non-refundable.

7.5    We reserve the right to change the Fee at any time. Any changes will not affect the price of the Programme where payment has been accepted and a Welcome Email sent.

  1.    Late Payment

8.1    You’re responsible for making payment of the Fee in full and on time, where you do not comply with this obligation, then without prejudice to any other right or remedy that we may be entitled to, if your account is beyond 7 days overdue then. 

8.1.1    we shall be entitled to withhold delivery of the Programme until payment has been made in respect of the outstanding amount; and

8.1.3    a fixed administration fee of $50.00 shall be added to your account.

8.2    In the event your account is beyond 30 days overdue then we shall be entitled to instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.

  1.    Refund Policy

9.1    No refund policy shall apply to your purchase of the Programme.

9.2    In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us. If you pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us, along with the our reasonable costs for dealing with the matter calculated at a rate of $100 per hour. 

  1.    Complaints

10.1    We want you to be entirely happy with the Programme. In the event you have any concerns whatsoever, you agree to let us know by email to members@sianburton.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this Agreement further action includes stopping payment or making any chargeback or similar claim.

  1.    Cancellation and Termination

11.1    You shall have the right to cancel your access to the Programme by providing notice to us by email to members@sianburton.com. In accordance with Clause 9, despite cancellation, you will not be entitled to a refund.

11.2    We shall be entitled to limit the Programme or suspend, and/or terminate our agreement with you with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that you have:

11.2.1    committed a material breach of any of your obligations under these Terms and Conditions; or

11.2.2  failed to provide payment of any sum due to us as and when it becomes due; or

11.2.3  become subject to a bankruptcy or similar financial order or proceedings affecting you or your business; or

11.2.4 acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

11.2.5    failed to positively engage with the Programme or impaired the delivery of the Programme to you; or

11.2.6    acted in a way which is abusive or is intended to cause offence; and/or

11.2.7    failed to abide by any term of these Terms and Conditions or any other guidance we may provide whether such action constitutes a material breach or not

 11.3    Upon termination of this arrangement for any reason:

11.3.1    all clauses which either expressly or by their nature relate to the period after the delivery of the Programme or expiry or termination of the same shall remain in full force and effect; and

11.3.2    you will no longer have any access to any Content, unless we have expressly agreed in writing otherwise.; and your access to all Services, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;

11.3.3    any Fee or other monies owed by you to us will become immediately due and payable;

11.3.4    you shall cease to use, either directly or indirectly any Content, Systems or Confidential Information received as part of the Programme and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Confidential information.

11.4    In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate as set out in Schedule 1.

  1.    Confidentiality

12.1    The protection of confidentiality is very important to us and therefore, when you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent or as provided for in this Agreement.

12.2    Where we disclose Confidential Information to you, you agree that the Confidential Information belongs solely and exclusively to us, and that you will not:

12.2.1    disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;  

12.2.2    use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

12.3    For the purposes of this Agreement, Confidential Information shall mean ideas, know-how, business practices, customer/client details, personal data, materials, therapeutic and coaching tools, business models, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of this Agreement.

12.4    Our obligations shall not apply where it’s necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to this Agreement) , to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

  1.    Intellectual Property

13.1    As part of the Programme we may provide you with materials, information, tools, videos, resources, data and other content (“Content”). We may also provide you with access to our unique therapeutic and coaching methods and tools (“Systems”). We take the protection of our Intellectual Property Rights in relation to our Content and Systems very seriously. You agree and accept that all Content and Systems remain our confidential and proprietary intellectual property and belong solely and exclusively to us.

13.2     Our Content and Systems can only be used by you in connection with your use of the Programme and should not be copied, modified, reproduced, shared, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or where we have provided our prior written consent.

13.3    As part of your purchase of the Programme, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content and Systems provided as part of the Programme solely for your private and personal use and for the purposes intended by these Terms and Conditions. All other uses are strictly prohibited.  

13.4     Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence. Your Licence will continue for as long as you have access to the Programme and will terminate automatically when this agreement ends or that access ends as set out in Schedule 1.

13.5     Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.

13.6    When you purchase the Programme you agree and undertake that from the date of this Agreement that you SHALL NOT (save as provided for in this Agreement):

13.6.1    copy, reproduce, sell, licence, share or distribute any of our Content or Systems, whether during the period of provision of the Programme, or at any time thereafter;

13.6.2    record any webinars, online or in-person events, videos, Sessions or any Content or Systems;

13.6.3     infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights or any such rights belonging to a Programme Participant.

13.7     In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content and Systems) then:

13.7.1    you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;

13.7.2    you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and

13.7.3    you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 15.

13.8    The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.

14.     Your Personal Data and how we use it

14.1    Personal data for the purposes of these Terms and Conditions means any information which is capable of identifying  another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).

14.2    Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Programme and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at  https://www.lotusconsulting.com.au/privacypolicy/

14.3    As part of the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Programme Participants and shared on social media. By purchasing our Services and agreeing to the terms of this Agreement you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at members@sianburton.com.

14.4    The obligations set out above and in clauses 12 and 13, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.

  1.    Reviews and Testimonials

15.1    If you share comments, information, content, photographs, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.

15.2    When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.

15.3    If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.

15.4    These provisions shall survive termination.

  1.    Non-solicitation and non-competition

16.1    For the duration of your access to the Programme and for a period of 12 months afterwards you agree NOT to employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.

16.2    The provisions of this Clause 16 shall continue in force notwithstanding the termination of our arrangement for any reason.

  1.    Liability

17.1    Your purchase of the Programme and compliance with these Terms and Conditions does not constitute or imply any relationship other than as set out within this Agreement.

17.2    When purchasing the Programme, you will have access to information designed to benefit you, but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Since your success and any results are dependent on factors which are outside of our control, we do not guarantee that any particular results or success will be achieved, and all warranties and representations are excluded to the fullest extent permitted by law.  

17.3   We have made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.

17.4    We do not warrant or guarantee that your access to the Programme will be:

17.4.1    accessible via your particular hardware or software;

17.4.2    free from interruptions or errors;

17.4.3    free from defects;

17.4.4    suitable for your particular personal situation or circumstances.

17.5    We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

17.5.1    any indirect, consequential or special damages, losses or costs;

17.5.2    any failure to deliver the Programme where we are prevented due to a reason beyond our reasonable control; or

17.5.3    any losses arising from your choice of Programme requested or your use of the Programme once delivered.

17.6    The Programme is intended to be used as described on our Website and on the basis set out within these Terms and Conditions and should not be used for any other purpose.

17.7    In the event you incur damages as a result of our failure to exercise reasonable skill and care, our default or breach of these Terms and Conditions, our entire liability is limited to the amount of the Course Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 19.7 is fair and reasonable given the nature of these Terms and Conditions and the provision of the Programme 

17.8    We shall not be liable where we have informed you of a problem with the Programme and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.

17.9    Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

17.10    During the term of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.

17.11    In the event a dispute arises in connection with the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either Party shall be at liberty to commence legal action

18.   General

18.1    The failure of either one of us to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of these Terms and Conditions and any such failure shall not constitute a waiver, diminution or limitation of any right.

18.2    In the event any provision of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

18.3    Every effort will be made to deliver the Programme in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Programme should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Programme shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Programme, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.

18.4    Where an Event arises, we’ll provide you with a notice in writing sent to the email address you provide to us, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.

18.5    Should the Event continue for longer than 3 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.

18.6    This Agreement is formed in Australia, the principal place of business for the Coach and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of Australia. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of Australia and the laws from time to time in force.

18.7    You agree that no other representations have been made by us to induce you into purchasing the Programme and no modification or variation to these Terms and Conditions shall be effective unless in writing and signed by us both.