Customer Terms and Conditions

Acceptance 

Please read these Terms and Conditions thoroughly before accessing or using the information and Services available through the Website. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions. 

If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where You are located. 


Amendments 

We may amend these Terms and Conditions by providing You with reasonable notice. 


Term of Services 

We agree to provide the Services to You in accordance with these Terms and Conditions. 

From the commencement of the Initial Term, You will receive: 

(a) An initial call or meeting with Otherside edge to discuss Your goals and key metrics; (b) Delivery of applicable Otherside edge services in the agreed time frame. Any adjustments to program schedule can be requested & made where this is agreed by both parties (c) Support via the Otherside edge Facebook messenger and email. We ask that You make this your primary contact point. Otherside edge can also be contacted by phone. (d) Access to the Otherside edge programs resources containing the tools, techniques, systems and materials relevant to the program You have participated in. 


Return on Investment 

At the conclusion of the service being provided, we will evaluate the program outcomes to ensure continuous improvement of our services and client satisfaction. Where services are delivered over a period, service progress and satisfaction will be discussed & monitored to ensure that the services being received meet client needs. 


Fees 

You agree to pay Us all Fees. 

The Fees payable by You are the Fees displayed in at checkout on the Website or via invoice. Paying fees, acknowledges that you are agreeing to these Terms and Conditions and purchasing the Services. 


You understand and agree that We may change the Fees by providing you with 14 days written notice.


Method of Payment 

The sums payable under these Terms and Conditions are to be paid by a credit or debit card unless otherwise agreed in writing by Us. 


Frequency of Payment 

You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website: 

 (a) Direct debit; 

 (b) A lump sum payment of all Fees for the services; 

 (c) A deposit of the amount specified at checkout, with the remainder paid via direct debit. 


Direct debit payments are handled by Stripe. Please review and familiarise Yourself with their terms and conditions. 


Where one payment has been made by You through the Website (not through Stripe), You authorise and allow Otherside edge coaching to retain Your payment details and to take payment of any future payments under these Terms and Conditions. 


Cancellation 

We may cancel the Services at any time during the Initial Term, by providing You with 7 days written notice. However, notice will not be required where We terminate Our Services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions. 


Refund 

You agree and understand that the Fees are non-refundable. You are obliged to pay for the Services that We agree to provide You with regardless of whether You terminate, or fully utilise those Services. 

You are rescheduling individual coaching sessions 

You are required to provide 24 hours’ notice where You need to cancel the coaching session (except for extenuating circumstances) which You will discuss with Otherside Edge. Without sufficient notice, the fees for the session will not be refunded and this will be considered as a session utilised in the coaching program. 


Otherside edge rescheduling coaching sessions  

In the rare event that We must reschedule the coaching session, We will give you as much notice as practible. We will agree to reschedule this coaching session to a mutually agreeable time


1 - ABOUT THE SITE 

Welcome to www.othersideedgecoaching.com.au (the Website). Here we provide you with an opportunity to browse and consider the purchase of various services, including coaching services, training & workshops, Behavioural & Emotional Intelligence profiling (the Services). Access to and use of the Website, or any of its associated products or Services is provided by Otherside Edge Coaching Solutions/Ruben/us (ABN 51980440320) Ruben/us. 


The Website may contain information and advertising from third-party businesses, people, and websites (Third Parties). You consent to receiving this information as part of your use of the Website. 


By using and browsing the Website, you agree that you have read, understood, and agree to be bound by these terms and conditions (the Terms) (which we reserve the right to update). Please read them carefully. If you do not agree with the Terms, you must immediately cease usage of the Website, or any of the Services immediately. 


2 – SOME SITE RULES 

It is a condition of use that: 

• you only use the Website for lawful purposes; 

• you do not engage in any improper, indecent or offensive behaviour or partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); 

• you must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Website. • you do not breach any of the Terms. 


3 – WEBSITE AVAILABILITY 

We make no guarantees, implied or express, as to the ongoing availability of the Website or Services. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website. 


4 – PRIVACY 

We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy which sets outs how we collect, use, disclose and handle your personal information.


5 – INTELLECTUAL PROPERTY 

The Website, the Services and all of the related products of Otherside Edge Coaching Solutions are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the Content) are owned or controlled for these purposes and are reserved by Otherside Edge Coaching Solutions or its contributors. 


We retain all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 

• the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Otherside Edge Coaching Solutions; or 

• the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or 

• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 


You may not, without the prior written permission of Otherside Edge Coaching Solutions and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content or third-party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain. 


6 – LIMITATION OF LIABILITY & INDEMNITY 

Use of the Website is at your own risk. 

Everything on the Website, the Services, and any related products of Otherside Edge Coaching Solutions are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Otherside Edge Coaching Solutions make any express or implied representation or warranty about its Content, or any Services (including the products or Services of Otherside Edge Coaching Solution) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following: 

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorised access to records; 

• the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website).

• costs incurred because of you using the Website, the Services or any related products; 

• the Content or operation in respect to links which are provided for the user’s convenience; 

• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 


Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 


However, to the extent permitted by law: 

• all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and 

• we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 


You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against: 

• all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website; 

• any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or 

• any breach of the Terms. 


Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of information or Services to you. 


7 – TERMINATION 

We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated, you must immediately cease using the Website and Services.


8 – DISPUTES 

If a dispute arises in connection with the Terms, you agree to try and resolve it amicably via a good faith discussion first. Failing that, the parties agree to resolve the matter via a mediation held in Sydney (or online). 


The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. The parties must pay their own costs associated with the mediation. 


Either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the above steps have been complied with (except where urgent interlocutory relief is sought). 


GENERAL 

The Terms and the contract between you and us are governed by the laws of NSW, Australia. 


If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force. 

The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

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