terms and conditions
COACHING TERMS AND CONDITIONS
1. BASIS OF AGREEMENT
1.1 These terms apply to any course offered by CustomFit (“the Business”) from time to time.
1.2 Any Order which you seek to place with the Business through the Business’s website or otherwise constitutes an offer by you to purchase a place on the relevant Program subject to these terms and conditions to the exclusion of all other terms and conditions.
1.3 Your Order shall only be deemed to be accepted by the Business when the Business notifies you in writing, usually by email, that your application is approved on which date (the Commencement Date) a contract between you and the Business shall come into existence on the basis of these terms and conditions and any additional terms set out in the Business’s notification of approval (the Contract).
1.4 The Contract constitutes the entire agreement between you and the Business. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Business which is not set out in the Contract.
1.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by the Business and any illustrations or descriptions of the Program contained on our website are issued or published for the sole purpose of giving an approximate idea of the Program described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
2. SUPPLY OF SERVICES
2.1 Subject to receipt of the Charges by the Business in full we shall supply Programming to you in accordance with the Coaching principles set out on our website from time to time.
2.2 We shall have the right to make any changes to the Program which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Program, or which we consider desirable or appropriate in connection with the Program.
3. CHARGES AND PAYMENT
3.1 The charges for the Program (the Charges) shall be as described on our website at the Commencement Date.
3.2 Payment in full of the Charges shall be received by the Business in cleared funds no later than 7 days before date of commencement of the course.
3.3 Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence the Program.
3.4 All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being.
3.5 Subject to clause 4, Charges are non-refundable.
4.1 You may cancel the Agreement by notice in writing at any time after 90 days (subject to clause 3.5 and 4.4). It is your responsibility to ensure and confirm that any notice of cancellation has been received by the Business and that you have received an acknowledgement of receipt from the Business. In the event of your cancelling the Agreement in accordance with clause 1 of this Agreement the Business will retain any deposit paid but the balance of the Charges shall not be payable by you.
4.2 In the event of your cancelling the Agreement other than in accordance with clause 4.1 any deposit or Charges paid will be retained by the Business as outlined below.
4.3 In the event of your being unable to attend a Coaching session on the dates you originally booked the Company will use reasonable endeavours to accommodate requests for transfers to alternative dates or alternative sessions but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative session any deposit or Charges paid will be retained by the Company.
4.4 All course cancellations must be sent to us in writing by email to email@example.com. We cannot accept verbal course cancellations.
This policy applies for all course bookings made with us, over the phone or through our website (www.rachaelmuldoon.com).
4.5 Substitute delegates cannot be used, unless approved in writing by the Business.
5. SICKNESS AND ILL HEATH
5.1 If our performance of any of our obligations under the Contract is prevented or delayed due to sickness or ill health or the sickness or ill health of any of our employees, agents or subcontractors we shall inform you as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 9.1.
6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1 We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the Course and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Business, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
6.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Business and nothing in the Contract shall grant you any Intellectual Property Rights.
6.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
6.4 This clause 6 shall survive termination of the Contract.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to clause 7.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
7.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.4 This clause 7 shall survive termination of the Contract.
8.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
9.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Business from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
9.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
9.3 No failure or delay by the Business in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
9.4 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
9.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Business.
9.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
You will be able to access most areas of these Websites without registering your details with us. Certain areas of these Websites are only open to register CustomFit users.
We may revise these terms and conditions at any time by updating this posting. You should check these Websites from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website is modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website, other than in accordance with points a, b and c above, is prohibited. If you breach any of the terms in these terms and conditions, your permission to use these Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from these Websites.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse this Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of points a, b or c above.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave these Websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to these Websites, you do so entirely at your own risk.
You may not create any links to these Website.
You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of the above.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
All images upload by you to CustomFit will be property of the Business. CustomFit reserves the right to use before and after images at their discretion. The business will not use names, faces or personal information when using the images to protect your privacy.