ADDITIONAL INFORMATION DISCLAIMER FOR SELF-DIRECTED COURSES
The information in our Courses, e-books, videos and all other digital materials (together ‘Materials’) is for general information and educational purposes only. You should, before you act or use any of this information, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable qualified professional before using or relying on any of the information contained in our Materials or accessed through our website, before taking any course of action that may directly or indirectly affect your health or well being.
You take full responsibility and risk for making any decision based on information on our website or in our Materials. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
TERMS AND CONDITIONS - COACHING
These Terms and Conditions (Terms) apply to the client using our Services. In using the Services and/or the Program, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services.
End Date means the date 90-days after the Start Date
Materials means ebooks, literature, newsletters, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you from time to time.
Member means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through the Website from time to time.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Program means The Midlife Reset and The Deep Dive Coaching program which includes:
- Pre-recorded content and resources
- Community network – available via our Website and/or through private Facebook group - for the community to come together and build friendships with others on a similar journey
- Private one-on-one coaching sessions
- Access to ongoing monthly membership (The Deep Dive) content and live group sessions
Rules means our group forum rules which apply when you participate in any of our group forums and group sessions (as further described in the “Group Forum Rules” section of these Terms).
Services means our coaching services provided via the online Program, ongoing membership, community support group services and related services offered by us from time to time.
Start Date means the date that you first gain access to the Program
We, Our and Us means Vitae Health Pty Ltd trading as Legacy Coaching International (ABN 85 136 618 856) including any directors, employees, contractors and affiliates.
Website means legacycoaching.io
You means the client using the Services.
HOW IT WORKS
We offer one-on-one coaching, group coaching, and various resources to assist with your transformational journey, via the Program and our Services.
In order to gain access to the Program and the Services, you need to pay in advance for our Program and register as a Member to access our Deep Dive community membership.
When you purchase our Program, you gain access to the Program content and the Services for a limited three-month period (‘the End Date’). You will have 3 months from your Start Date to access all benefits of the Program. You must complete all Program content, services and access within this 3-month period including all one-on-one sessions which must be booked and provided before the End Date.
You are bound by these Terms when you purchase our Program and Services, instruct us to proceed, make a payment, or confirm acceptance via email or other written means.
We will provide the Services to you in accordance with these Terms. We agree to provide our Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors, other coaches or representatives that we may employ from time to time will have the relevant qualifications and are under the same standards requirements.
In order to receive benefit from the Services, we recommend that you commit to the full period for our sessions and programs.
You are not permitted to on-sell, share or otherwise give access to the Program to any other person. Your access to the Program is for your own personal use and any other use or access is not permitted.
Where we provide any group programs or services with other participants, by agreeing to these Terms and participating in our Services, you agree to abide by our below Group Forum Rules.
In the event that we post a holiday or other break in our Services on our website or otherwise advise of any unavailability of our Services, if it impacts your End Date and Program, we will add this time as additional time on to your Program and End Date.
ONE-ON-ONE AND GROUP SESSIONS:
As your one-on-one sessions are important to us and other clients may be booked after you, any delay or late attendance to any scheduled sessions will finish at the nominated and agreed original time in order to not disadvantage other clients that may be scheduled after your session. All sessions must finish on time at the originally scheduled time unless otherwise agreed.
All one-on-one sessions must be pre-booked with the coach and must be taken within the 3-month Program period and prior to the agreed End Date. Any sessions not completed or booked will be forfeited.
We require 24 hours notice for any change or cancellation of any one-on-one session to enable us to re-book another client.
Any group sessions are pre-set, scheduled and advised at the time of the Program commencement. As they are community-based and involve a group of individuals, there is no rescheduling or changes to the dates or times of these sessions. Any sessions you may choose or otherwise miss are forfeited for these above reasons.
GROUP FORUM RULES (‘Rules’)
When you join as a Member including any community group sessions included in our Program, and contribute to or participate in any comments or forums, including any social media forums, you agree to the following Rules:
- Confidentiality is paramount to any and all group forums and discussions.
- Any recommendations, comments, information, or posts (together “Posts”) you make during any community group sessions and to our Website will abide by our Rules and will be made in the spirit, culture and ethos of the community group and website services;
- You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party;
- Posts are not permitted that: encourage illegal intent; contain ads, links or other forms of advertising; solicit business; are abusive or malicious against any other participant, our staff or any third party;
- We will also take action, where required, against any person that does not abide by these Rules in relation to Posts, comments during any sessions, breach of these Terms including confidentiality, and where any action is taken against us by any person, visitor or any third party as a result of your Post or actions;
- You may share recommendations, experiences and other information to the group. You agree to only do so in good faith, with honest explanations using appropriate language, truthful descriptions and helpful comments;
- The posting of comments, reviews and your experiences on the Website or in any forum is meant to try to help other group members, and to share your guidance and information. Our aim is to encourage helpful comments and feedback and we hope that you will assist, benefit and find this initiative helpful for everyone. We ask that you carefully consider any comments you may share and the impact they may have in a respectful manner and ensure that they are in keeping with the ethos of the group;
- You understand and agree that we may review and delete any content, including but not limited to images, messages, photos, profiles or material that in our sole judgment violates these Rules, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of group members without notice. You may be banned from the group community forum, our services and using the Website at any time and in our sole discretion;
- Opinions, advice and all other information expressed by participants in discussions or Posts are those of the author and not us and anyone associated with our business or Services. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any Post or comment;
- Any action you choose to take with any other member or person using our Services arranged outside any group sessions or the community group form, including but not limited to the provision of your personal information, telephone number or email address, arranging a meeting, or arranging other activities, is at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance; and
- Confidentiality of group sessions and individual group members is essential and paramount to the success of the group as well as a fundamental requirement for our Services. You are at no time to convey any group sessions or information obtained directly or indirectly from the Services or group to any person at any time. Any breach of confidentiality will be treated seriously, and immediate action will be taken. You will be immediately blocked from the group, any further sessions or Services and, where appropriate, legal action may be taken.
By providing us with your payment and credit card details, you authorise payment for the Program and the Services. We require full payment in advance for the Program and all Services. Where we offer a payment plan option of 3 payments over the Program period, by providing us with your credit card details, you authorise us to deduct payment in advance for the payment plan you have agreed in accordance with these Terms. Alternatively, we offer a discount for upfront full payment.
All Programs and Services are non-transferrable.
In the event that we fail to receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and access to the Program until such time as we receive your payment.
Ongoing membership rates will be posted on our Website and/or communicated to you when you request our Services. Any updated rates will be published on our Website and notified to you.
WARRANTIES AND REFUND
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.
We represent and warrant that:
- in providing the Services, we will comply with all applicable laws and industry standards;
- the Services will be provided to a high standard in accordance with best practice; and
- the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.
In the event that you are entitled to a refund under the ACL then we will be glad to process a refund upon your request. If you believe that you are entitled to a refund then you must provide written notice of your request. In the event that you are not entitled to a refund under the ACL, any other refund may be provided in our sole discretion. At no time do we seek to exclude or limit your statutory rights with respect to any refund.
Refunds for Programs: We offer a refund within the first 7 days of your access to our Program. We ask that you provide written notice of your request and include your reason for your termination of the Program within the first 7 days of commencement of our Program. We will then provide a refund less an administration fee to cover our time for processing your request and any content you may have accessed or been provided with.
Any other refund will be provided in our sole discretion and we at all times abide by Australian Consumer Law with respect to all refunds. At no time do we seek to exclude or limit your statutory rights with respect to any refund.
While your health and wellbeing are important to us, you acknowledge and agree that:
- we cannot and do not guarantee any particular results;
- as performance and success of any particular Services are reliant on you, the individual, to meet your own requirements, you are solely responsible for your own progress;
- if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give a reasonable opportunity to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance; and
- you need to make your own enquiries to determine if the information, programs and services offered are appropriate for your intended use and suitable for your needs prior to using the Services. Our Services and information are not intended or to be construed as or to replace professional medical or health advice. All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances.
If at any time you believe that any aspect of the Services are not up to standard, or the parties disagree for any reason in relation to the Services, you must immediately notify us of any such concerns and give us a reasonable opportunity to respond and address them. Feedback and discussion are important to the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issues quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party may be the subject of compensation in any mediation or litigation claim.
In the event of any dispute in relation to the Services 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 of party agrees to pay their own costs.
We may provide you with Materials from time to time to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services are and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.
MEMBERSHIP CANCELLATION AND TERMINATION
You can cancel your monthly membership to our Services at any time. You are solely responsible for cancelling your membership through the Website or by contacting us.
You must cancel your membership at least 14 days prior to your automated renewal date in order to ensure that you are not charged for the subsequent membership period.
We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.
We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.
We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, or if you threaten or harass others, act in an improper manner, or otherwise breach our Terms.
Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.
LIMITATION OF LIABILITY
You take full responsibility and assume all risk for making any decision based on the Content, any group Information or contained in or as part of the Services.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.
Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.
In the event of any successful claim, our liability is limited to the amount of the fees for your membership and/or the Services last paid by you to us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.
This Agreement is governed by the laws from time to time in force in the State of New South Wales, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms.
Last Updated: 22 October, 2021 - 6:20 pm