Terms of Purchase
TERMS OF PURCHASE
BY PURCHASING THIS PROGRAM YOU (HEREIN REFERRED TO AS “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Vanessa Sebben (herein referred to as “Coach”) agrees to provide services of the career strategy (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
The services are offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind. Client understands the Coach is not an employer, migration agent, lawyer, doctor, manager, therapist, business manager, financial analyst, psychotherapist or accountant. Client understands the Coach is not qualified to provide legal advise. Client shall refer any and all legal and visa questions which may arise to a qualified professional.
Client acknowledges that neither the Coach, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.
Client understands that the Coach does not offer any representations, warranties, or guarantees, verbally or in writing, regarding interviews, employment or any results of any kind. Client agrees that its results are dependent on various factors including but not limited to, visa, skill, knowledge, market demand and economy, and in no way dependent on any information the Coach provides to Client.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Coach is not responsible for any loss, property damage, or bodily injury, caused by use of the Program. To the maximum extent permissible under applicable law, the Coach will not be responsible to Client or any third party claims through Client for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Program.
3. Program Structure
The Program shall include (3) three sessions of (1) one-hour each with the Coach. The program also includes (1) one free performance session that must be claimed in up to 60 days of your last Career Strategy session.
4. Refund Policy
Client shall be responsible for full payment of fees for the entire Program. Client understands that fees are non-refundable.
5. Time with the Coach
At the time of Client’s Session, Client will meet with the Coach at the scheduled time. Client understands that Sessions will end at the appointed time even if Client is late for the session.
If Client has to reschedule Client will do so with a minimum of twenty-four (24) hours notice. Failure to do so will result in forfeiture of scheduled session. The Coach will accommodate emergencies on a case-by-case basis. All calls are stated in Australian Eastern Standard Time.
The Coach respects Client’s privacy and insists that Client respects the Coach’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Coach is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Coach during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Client agrees that if they violate or display any likelihood of violating this section the Coach will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
7. Non-Disclosure of Materials
Material given to Client in the course of Client’s work with the Coach is developed specifically for the Program. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
8. No Transfer of Intellectual Property
The Coach's original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorised to use any of the Coach's intellectual property for Client’s business purposes. All intellectual property, including the Coach's program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach's materials is granted or implied.
Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
9. RESULTS Guarantee
Client acknowledges that the 'RESULTS' guarantee does not apply to this program.
10. Client Responsibility
Client accepts and agrees that Client is fully responsible for their progress and results from the Program. The Coach will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. The Coach makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each Client may significantly vary. Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Program.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation Of Liability - Client agrees they used the Coach's services at their own risk and that Program is only an educational service being provided. Client releases the Coach, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that the Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Coach's services or enrolment in the Program. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Client may sustain as a result of participating in this Program.
Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement - In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment - This Agreement may not be assigned by the Client, without express written consent of the Coach. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination - The Coach is committed to providing all Clients in the Program with a positive Program experience. Client agrees that the Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to Program without refund if Client become disruptive to the Coach or Participants, difficult to work with or upon violation of the terms as determined by the Coach. Client will still be liable to pay the total contract amount.
E) Indemnification - Client shall defend, indemnify, and hold harmless the Coach, Coach's officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by the Coach, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
F) Resolution of Disputes - Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules.
If the dispute or difference is not settled within thirty (30) days of referral to mediation (unless such period is extended by agreement of the Parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Notwithstanding the existence of a dispute or difference each Party shall continue to perform the Agreement. Unless the Parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.
The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
G) Equitable Relief - In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices - Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: firstname.lastname@example.org
I) Entire Agreement - This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law - This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
BY PURCHASING THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.