Terms and Conditions

By completing a purchase with Your Life on Purpose (ABN: 17 762 430 675) for services including, but not limited to, coaching, books and materials, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
You, Your, The Client: The company or individual requesting the services of Your Life on Purpose.
We, Your Life on Purpose: Coaching provider, material providers, site owner & employees or affiliates.
Services: Coaching, Study materials, Books, Reference materials, Workshops and Seminars.

1. General

Your Life on Purpose will commence and continue a relationship with a client only where an agreement is provided by email or mail. An ‘order’ is deemed to be a written or verbal contract between Your Life on Purpose and the client; this includes telephone, email and online bookings and purchases.

2. Pricing

All pricing is subject to change. Your Life on Purpose will provide 30 days’ notice of any pricing change and such price changes will be listed on our website.

3. Payment Terms

i. Payments are non-refundable.
ii. All sessions are payable at time of booking unless by prior arrangement with Your Life on Purpose.
iii. If payment is not received at time of booking or Your Life on Purpose has not been contacted regarding the delay, the booking will be cancelled.

4. Passwords and content

i. You will keep any passwords or log-in details used in connection with the booking secure and you are totally responsible for when and how your account with us is used and the actions of any people you give your password and log-in details to.

ii. You are solely responsible for your data and any content you use or store in connection with your booking.

5. Our Warranties and Liabilities

i. We accept liability for the supply of the Services to the extent provided in this agreement.
ii. We do not warrant that the Services:
(a) provided under this agreement will be uninterrupted or error free;
(b) will meet your requirements, other than as expressly set out in this agreement;
(c) will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of ours; or
(d) will produce any particular results, data, sales or other return.

iii. Exclusions:

(a) we exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected outcomes and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;

(b) the Services are provided on an ‘as is’ and ‘as available’ basis;

(c) we make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement;

(d) no oral or written information or advice given by us, our agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice;

(e) our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services will be limited to the charges paid by you in the twelve months preceding the claim in respect of the Services which are the subject of any such claim. Any claim must be notified to us within one year of it arising.

(f) In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in this agreement excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Competition and Consumer Act 2010 (Cth) our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under that Act.

iv. We specifically exclude any warranty as to the accuracy or quality of information received by any client during the delivery of our Services.

6. Suspension and Termination of the Service

i. We may suspend or terminate your account if:
(a) you breach this agreement and fail to rectify any remediable breach within 7 days of us notifying you to do so;
(b) you become insolvent;
(c) you are declared bankrupt, or
(d) we are ordered to do so by a court or pursuant to an arbitration award.

ii. In addition to any other rights we may have under this agreement, you agree that we may, without notice to you and without any liability to us, amend, alter or take down your data or content if we:

(a) receive an order from a court or other competent body requiring us to do so;
(b) are directed to do so by any regulatory body or authority or industry association;
(c) consider in our sole discretion that you are breaching this agreement including without limitation, by infringing third party intellectual property rights, or because your data or content is defamatory, illegal, obscene or breaches a person’s privacy.

iii. From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.

iv. If your account has been suspended or terminated due to your breach, reactivation of your account will be at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and may require payment of a reactivation fee.

v. You may terminate your account or any individual Service with us for any reason at any time by doing so via email. Unless you are terminating your account due to a breach of this agreement by us, refunds for monies paid in advance are provided as follows:

(a) For Individual Coaching Sessions, no refunds are available within twelve (12) hours of your booking. Extenuating circumstances will be considered on an individual basis.
(b) For Coaching Session Packages, refunds of any unused portion of the total amount will be refunded if further coaching sessions are deemed unnecessary or it becomes apparent that it would be unproductive to continue the agreement.
(c) No refunds are available for Coaching Session Package Services with 30 days or less time to run. For Services with more than 30 days of time to run, the refund of unused credit will be a whole month pro-rata of the time to run.

vi. If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice by email. In this circumstance, we will refund any remaining unused credit on your account. The refund of unused credit will be a whole month pro-rata of the time to run.

vii. We are under no obligation to provide you with a copy of your data or content if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of your data or content in such circumstances, we are entitled to charge a fee for doing so. If we terminate your account or any Service in such circumstances we may also at our discretion destroy your data or content. If your data or content is destroyed it may not be recoverable.

viii. You are solely responsible for dealing with persons who access your data and you will not refer complaints or inquiries in relation to such access to us.

xi. You agree that if, in our sole discretion, you are using the Services in a way which is not legitimate, is not in compliance with this agreement or any law that we may suspend, disable, limit or terminate the Services or deny you access to the Service without notice, including taking down any of your data or content.

7. Archiving and Backup of Your Data

i. You are solely responsible for the back-up of your data including email files. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.

ii. We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive.

8. The use of Spam and Virus Filters

We can use spam and virus filters and, to the maximum extent permitted by law, this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from the use of spam or virus filters

9. Intellectual Property

All right, title and interest in any documents, planners, checklists, assessments, tests, techniques, software or trademark that is used in, or provided by us, as part of the Services is owned by us or will vest in us on creation, or is licensed to us. You may use the documents, planners, checklists, assessments, tests, techniques, software or trademark as permitted by this agreement. We otherwise reserve all rights in relation to them.

10. Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording may be severed from this agreement and the remaining terms of this agreement continue in force.

11. Assignment

i. Rights or obligations under this agreement cannot be transferred to another party. In the event that you cannot continue this Service, your agreement will be terminated and a refund provided according to Section 6 – Suspension and Termination of the Service.

ii. We may assign or otherwise novate or transfer our rights and obligations under this agreement to:

(a) a related entity, including without limitation as part of a change in how we provide the Services or as part of a partial or full restructuring of our business; and

(b) another person as part of the sale, or restructuring, of all or part of our business, and you agree that, if we do this, we may transfer all necessary information (including, without limitation, personal information and credit card details) to the related body corporate or other person, and they may use that information, in order for them to be able to continue providing the Services to you. If you do not agree to the assignment, novation or transfer, you may terminate this agreement and we will refund any remaining unused credit on your account according to Section 6 – Suspension and Termination of the Service.

12. Changes to Terms

We may change the terms and conditions of this agreement (including the Privacy Policy) at any time. If you do not wish to accept the amended terms and conditions, you may terminate this agreement by giving us notice. In these circumstances we will refund any remaining unused credit on your account according to Section 6 – Suspension and Termination of the Service.

13. Entire Agreement

These terms and conditions constitute the entire agreement between us and you. It supersedes all prior agreements, understandings and representations whether oral or written.

14. Governing Law

These terms and conditions are governed by the laws in force in Queensland. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that State.

15. Notifications & Communications

All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our Service to you.

Terms and Conditions Enquiries
If you have any queries or complaints about our Terms and Conditions please contact us at:
Helen Henry
3 Jubilee Court, BAHRS SCRUB Qld 4207
admin@yourlifeonpurpose.com.au
0411 102 181