Terms and Conditions

PLEASE READ OUR

Terms and Conditions

1. DEFINITIONS

2. ACCEPTANCE

3. REGISTRATION

4. WHEN DO THESE TERMS APPLY?

5. OUR CONTRACT

These terms and conditions (Terms) constitute the contract between you as the student (you or your) and Hayley Kirkwood trading as The Coach Code ABN: 14 299 664 081 (“the Company”, “us”, “we” or “our”). This online platform (Platform) is available at www.thecoachcode.co and any other third-party applications we may use now or in the future.

By visiting or using our website and our course platform at www.thecoachcode.co (Site), you agree to be bound by these Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.

1.1 In this agreement, the following words have the following meanings:

  • Content means the written, video, or sound content available on the Site, which may include contributions from other students.
  • Governing Law means the law of New South Wales, Australia.
  • Course means the courses and community on the Site, including the services we provide as outlined in this contract.
  • Post means any Content and material on our Site, including the phrases "Posted" and "Posting" in these Terms.
  • Services means all services or benefits available with your Course on the Site, whether free or paid.
  • Site refers to the Course platform at www.thecoachcode.co and any other app or service designed for mobile or fixed devices, including all web pages controlled by us.
  • Fee means the upfront or monthly payment charged to you.
By accessing and/or using our Platform, you promise that you:
  • Have reviewed these Terms, including our Privacy Policy (available at https://thecoachcode.co/privacy-policy);
  • Have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform;
  • Have the legal capacity to enter into a legally binding agreement with us; and
  • Agree to use the Platform in accordance with these Terms.
3.1 You can browse and view the Platform as an unregistered user; however, you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of goods, services, and any other products (Goods).

3.2 You accept responsibility for any actions done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure. You are unauthorised to share your password with anyone else.

3.3 You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else or is being used in an unauthorised manner.

3.4 You agree that you have provided accurate, up-to-date, and complete information about yourself to us. We are not responsible for any error made as a result of such information being inaccurate.

3.5 You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.

3.6 You acknowledge that the group nature of the Course means that any information provided or otherwise shared by you with us or other students of the Course, whether as part of the community group interaction, comments, group calls, or otherwise, is not confidential, and we accept no liability to you for any loss suffered by you as a result of you disclosing your confidential information during your participation in any of our programs and courses.
These Terms apply when you purchase one of our digital products (Content) available for purchase on our Site. You must read and agree to the Terms before proceeding with the purchase of any Content.
5.1 When you place an order via our website (Order), you will receive an acknowledgment email confirming receipt of your Order (Acknowledgment). The Acknowledgment is not our acceptance of your Order.

5.2 A contract will not be formed between us until we send you confirmation that the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, text, video, or online course content hosted on our Site, we grant you a limited, revocable, non-exclusive, and non-transferable licence to listen to, download, watch, or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third-party platform used to host our Site.

5.3 If you make more than one Order, a new contract will be created each time you place an Order.

5.4 You agree that you will not copy, reproduce, distribute, or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute, or publicly perform the Content provided to you by us.

5.5 If you breach these Terms, we reserve the right to terminate your licence to use any Content. Only those products or services listed in the confirmation email sent at the time of dispatch will be included in the contract formed. Any additional order for one-on-one services or other Content we offer will be subject to another contract.

6. PRIVACY AND AVAILABILITY

We use our best efforts to ensure that all details, descriptions, and prices that appear on this Website are accurate; however, errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time.

Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.

7. PAYMENTS

Any payments will be made through our third-party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processor is used, that payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method.

We will advise you at the time of purchase of the currency in which you are required to pay for the Goods. All prices will always be in USD (United States Dollars). If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion.

8. DELIVERY OF CONTENT TO YOU

The Content will be provided to you by email or other form of digital download, including but not limited to streaming from a third-party platform or downloadable documents or files. You acknowledge and agree that any use of a third-party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

9. RECEIPT OF GOODS

You must inspect the Content immediately upon download or receipt and notify us of any issues with the download. We reserve the right to remove active links for the download of content after 24 hours of purchase.

If you fail to give such notice, the Goods will be deemed to be in accordance with the specified requirements. No claim will be recognised unless made in writing and received by us within 24 hours after receipt of the Goods. This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law.

10. REFUND AND CANCELLATION POLICY

Due to the nature of digital products and their immediate availability to you, we do not offer refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Platform, Site, and all of the Content. Your use of our Platform and your access to any Content on the Site does not grant or transfer to you any rights, title, or interest in relation to our Platform or the Content.

11.2 You must not, without our prior written consent or the consent of the owner of the Content (as applicable):

  • (a) Copy or use, in whole or in part, any Content;
  • (b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
  • (c) Breach any intellectual property rights connected with our Platform, including (without limitation) by:
    - (1) Altering or modifying any of the Content;
    - (2) Causing any of the Content to be framed or embedded in another website; or
    - (3) Creating derivative works from the Content.

Last updated: 25 October 2024

12. USER CONTENT

12.1 You may be permitted to post, upload, publish, submit, or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

12.2 You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
  • (a) You are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant us the rights in such User Content as contemplated by these Terms; and
  • (b) Neither the User Content nor the posting, uploading, publication, submission, or transmission of the User Content or our use of the User Content on, through, or by means of our Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12.3 We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

13. DISCLAIMERS

13.1 The law differs from one country to another. This paragraph applies to the extent permitted by the applicable law.

13.2 All implied conditions, warranties, and terms are excluded from this agreement. If an implied condition, warranty, or term cannot be excluded in any jurisdiction, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty, or term.

13.3 The Site, our Course, and Services are provided "as is." We make no representation or warranty that the Site, Course, or Services will be:
  • (a) Useful to you;
  • (b) Of satisfactory quality;
  • (c) Fit for a particular purpose;
  • (d) Available or accessible, without interruption, or without error.

13.4 You acknowledge that we do not guarantee you will achieve any particular results from the Course or the Content, and you are fully responsible for your own progress and outcomes.

13.5 The content provided on this Site, including but not limited to courses, articles, and other materials, is intended for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. You should not rely solely on the information provided on this Site for your health-related decisions. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

14. DURATION AND TERMINATION

14.1 This agreement shall operate for the period for which you have access to the Course or Service and will be ongoing until such time as access is terminated at the end of your access period.

14.2 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.

14.3 Upon termination, your right to use the Services immediately ceases, and we have no obligation to forward any unread or unsent messages.

15. SECURITY OF OUR WEBSITE

You agree that you will not:
  • (a) Modify, copy, or cause damage to any portion of our Site, or any software used within it;
  • (b) Link to our Site in any way that would cause the appearance or presentation of our Site to be different from what would be seen by a user who accessed our Site by typing the URL into a standard browser;
  • (c) Download any part of our Site, without our express written consent;
  • (d) Collect or use any product listings, descriptions, or prices;
  • (e) Collect or use any information obtained from or about our Site or the Content except as intended by this agreement;
  • (f) Aggregate, copy, or duplicate any of the Content or information available from our Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services.

16. LIMITATION OF LIABILITY

16.1 Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your Course fee.

16.2 Neither party shall be liable to the other for any indirect or consequential loss or damage, including but not limited to loss of data or profits.

17. INDEMNITY

You agree to indemnify us against any loss, damage, or liability suffered by us arising out of:

  • (a) Any act, neglect, or default of yours in connection with this agreement or your use of the Services;
  • (b) Your breach of this agreement;
  • (c) Your failure to comply with any law.

18. MISCELLANEOUS MATTERS

18.1 If any term or provision of this agreement is held to be void, invalid, or unenforceable, it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction.

18.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

18.3 If you are in breach of any term of this agreement, we may publish all text and Content relating to the claimed breach, including your name and email address, and terminate your account.

18.4 You agree not to make any false, misleading, or defamatory statements about us, our courses, or our services. In the event of any such statements made online or offline, we reserve the right to take appropriate action, which may include legal remedies, to protect our reputation. Any damages incurred as a result of your actions may be pursued through appropriate legal channels.

19. CONSENT / RELEASE

19.1 During, or in connection with, the Course or Services, you may create, appear in, or be mentioned in images, audio recordings, video recordings, and/or text published to any social media account or online platform ("Participant Related Content"). Without limitation, Participant Related Content may include any content the Company publishes.

19.2 You irrevocably consent to us using, in perpetuity, and without any fee or royalty payable to you, any Participant Related Content in marketing our Course, future programs, and our services.

19.3 You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your name, likeness, or content appears.

19.4 You represent and warrant that you have the authority to provide the Company with the consents set out in this clause.

19.5 You agree to release and hold the Company harmless from all claims arising from the Company's use of the Participant Related Content.

20. GENERAL

20.1 Entire Agreement: These Terms constitute the entire agreement between you and us.

20.2 Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms.

20.3 Severance: The provisions of these Terms are severable; if any provision is held to be void or unenforceable, that provision is severed without affecting the remainder.

20.4 Jurisdiction: These Terms, and your Order, are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts operating in New South Wales.

For any questions and notices, please contact us at:

The Coach Code
ABN: 14 299 664 081
Email: hello@thecoachcode.co