Terms and Conditions
The Agreement between you (Client) and us (Coaching with Kim Kent and Sage Marketing Services) is made up of these General Terms and Conditions (T&Cs) for the Course (Mindset Mastery.)
The Agreement will come into effect on the Date of purchase.
Both parties will ensure that they agree to comply with all Applicable Laws, both during and following the Term.
You acknowledge that you have read and understood the T&Cs prior to purchasing the Course, and have sought professional and/or legal advice should you require clarification on any aspect of the Course.
SERVICES WITHIN THE COURSE
We agree to perform the Services to the best of our ability and in accordance with the duration of your Course.
You agree to provide us with all relevant Client Information we request from you, and any other information we reasonably require in order to be able to perform the Services.
The total scope of the Services is as set out in the Course website. If Services outside the scope are required, these will be quoted separately at our Hourly Rate or offered with one of our packages that match what you need.
You acknowledge that you are solely responsible for determining whether our Services are appropriate for you.
You further acknowledge that you:
- are not to use the Services to diagnose or treat any mental or physical health concern or issue;
- must not be under the influence of drugs or alcohol while the Services are being performed;
- will provide accurate and complete information to the best of your knowledge and understanding;
- will communicate honestly, be open to feedback and suggestions, and fully engage with the Services to the best of your ability;
- are solely responsible for implementing any strategies and techniques discussed during provision of the Services; and
- will ensure punctual attendance at all sessions that form part of the Services.
A Deposit (first instalment) is due on signing the T&Cs upon purchase. Unless paid in full, and this acts as the deposit. The Services will not commence until the Deposit has been paid. The Deposit is non-refundable regardless of Service delivery.
The Deposit secures a start date for us to commence the Services.
All Fees will be payable via credit/debit card through Stripe gateway. You will receive a Tax Invoice and payment confirmations when a payment or transaction takes place.
If you default on any of your due payments, and payment is not rectified within 7 business days, an additional late fee of $20 will be charged to you. You have up to 7 days to rectify the default payment to avoid membership suspension.
If any payment remains decline’s / unpaid for more than 7 days, we reserve the right to terminate your account and membership and you will no longer have access to the course. Full Payment of the course is required and any outstanding payments will need to be paid and you will receive a tax invoice for this.
If you default on your payments for longer then 7 days and do not contact us to make arrangements, your remaining payments will be transferred to a debt collection agency.
If unpaid Fees are recovered through an external agency, you acknowledge that you will be responsible for the costs involved in the recovery.
CANCELLATIONS AND REFUNDS
We reserve the right to cancel the Services for any reason.
We will not be liable for any failure to perform the Services to the extent that it is caused by your noncompliance with your obligations under the Agreement.
Where you cancel your membership to the Course, you must notify us via our nominated email address 14 days prior to the cancellation date and all remaining payments must be paid in full.
If at least 14 days’ written notice is not provided, you will not be entitled to any refund and may incur a Cancellation Fee. You may also be prevented from repurchasing the Course.
As per our guarantee, if you complete the 14 weeks of the Course, implement every task, lesson, system, etc, and still can prove zero results, you are entitled to a full refund. This is at the full discretion of Coaching with Kim Kent and Sage Marketing Services.
We retain sole ownership of all Intellectual Property Rights (including Moral Rights) in our Services, programs, courses and materials, whether created prior to or during provision of the Services. These materials are not to be used by you without our express written permission.
Any original materials are provided to you under a single-use licence for your individual purposes, and are not to be used for commercial purposes.
We retain the right to reference the Services we have provided to you (including your name, business name, logo and any trade marks), on websites, social media and any other media for recognition or professional advancement purposes.
We will anonymise any feedback or testimonials, and not disclose any of your sensitive or personal information, on your request.
Wherever applicable, you agree to credit us with provision of the Services wherever reference to them may appear, and ensure that any third party does the same.
You acknowledge that all Third Party Materials are the exclusive property of their exclusive owners, and where such materials are required to perform the Services, you agree to pay the costs associated with their use.
We may terminate the Agreement with immediate effect if:
- you do not pay the Fees within the specified time frame.
- you fail to provide the Client Information or other information within a reasonable time of our request;
- you otherwise breach any obligation under the Agreement;
- we consider that mutual trust or confidence no longer exists; or
- we determine that we are no longer able to perform the Services for any reason.
If we terminate the Agreement in accordance with clause 6.1(e), we will, at our sole discretion:
- complete all work for which you have paid the associated Fees; or
- refund Fees paid for work not yet performed, or not able to be performed as a result of termination.
You cannot request a refund if:
- the reason for termination is outside of our control;
- you change your mind;
- you fail to clearly explain your needs to us; or
- you insist on the Services being performed in a way that is against our advice.
Either party may terminate the Agreement by mutual agreement, or if the other party:
- commits a material breach of the Agreement that is capable of remedy, and fails to remedy it within 7 days;
- commits a material breach of the Agreement that is not capable of remedy; or
- enters liquidation or administration, or becomes insolvent or bankrupt.
If the Agreement is terminated:
- our obligation to perform the Services will cease;
- you must immediately pay all Fees payable for the work completed at the date of termination;
- each party must return or destroy (at the other party’s request) all Confidential Information of the other party.
WARRANTIES AND INDEMNITIES
The Services are provided on an “as is” basis, without representation, warranty or condition of any kind (either express or implied).
The nature of certain Services means that we are unable to guarantee particular results, and any examples of Services provided to other clients is a representation of potential results only. Any results achieved through your participation in the Services will vary depending on a range of factors beyond our control.
The information we provide through our Services does not constitute professional financial advice, regardless of whether we are licensed professionals of any type. We cannot be held liable for any action taken by you in reliance on the information we provide. You agree to consult with the relevant licensed professional/s prior to taking any action.
Any express or implied warranty or condition relating to the Agreement or its subject matter that are not contained in the Agreement are excluded to the maximum extent permitted by law.
Nothing in the Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.
If any warranty or condition is implied into the Agreement and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied.
You agree to indemnify and hold us harmless from all claims and losses arising from damage, liability, injury or infringement that arise out of any information you supply to us, or any information provided to you through our website, social media platforms or the Services we perform for you.
Neither party will be liable or held in breach of the Agreement for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.
Neither party will be liable to the other for any loss or damage arising out of the Agreement, whether foreseeable or not and however caused, with the exception of confidentiality and indemnification obligations.
We will not be liable for any loss or damage suffered by a third party in connection with the Agreement.
Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with the Agreement.
Our liability to you (including under indemnity) is capped to the return of all Fees paid, and will be reduced to the extent that your acts or omissions contribute to or cause the liability.
CONFIDENTIALITY AND PRIVACY
Each party agrees that, unless it has the prior written consent of the other party, it will:
- keep the Confidential Information of the other party confidential at all times;
- ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and
- where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.
These obligations of confidentiality do not apply to any disclosure that:
- is for the purpose of performing the Agreement or exercising a party’s rights under the Agreement;
- is required by Applicable Law; or
- relates to Confidential Information that is publicly available through no fault of the receiving party, or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.
Relationship of Parties
We are independent contractors, and the relationship between you and us does not constitute that of a partnership, joint venture or employer and employee.
We will be the exclusive provider of the Services during the Term, however we may offer similar services to others, solicit other clients and advertise our services at our discretion.
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following provision of the Services. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.
Should a dispute of any kind arise during the Term, you agree to contact us so that we can discuss the matter in the first instance. Both parties will use their best efforts to resolve any dispute in good faith. Failing this, both parties will use their best efforts to resolve the dispute by engaging in mediation in the state where we reside at the time. All costs associated with the dispute, including legal, mediation or arbitration fees, will be borne by you.
Where a party gives notice, it must be done in writing to the email address specified in the Proposal, or by post to the residential or business address specified in the Proposal. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.
This Agreement constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.
The formation, construction, performance and enforcement of the Agreement will be in accordance with the laws in force in the state where we reside. You and we submit to the exclusive jurisdiction of the courts of that state.
Execution and Counterparts
The Agreement will become binding when any one or more counterparts of a Proposal, individually or taken together, are signed by the parties. The Agreement may be executed by way of electronic signature, including by clicking “I consent” or similar. If the Agreement is executed in this way, it will be considered an original that has been properly executed.
Amendment or Variation
Any amendment or variation to the Agreement is not effective unless agreed by you and us in writing.
If any provision of the Agreement is held invalid or unenforceable, it will either be severed from the Agreement or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.
You are not permitted to assign the Agreement or otherwise deal with any benefits or rights under it without our prior written consent. Conversely, we may do so without your consent.
All headings are for ease of reference and do not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.