ONE-ON-ONE COACHING TERMS AND CONDITIONS

Parties

You are the Client, and Your details are set out on the Booking Page.

AND -

Growth Consultancy Pty Limited (ACN: 608 899 118 ) t/a The Queen of Confidence of unit 5, 138-140 Argus Street, Cheltenham, Victoria 3192 (TQOC)

TQOC offers one-on-one coaching with Erika Cramer by invitation only, tailored to client needs and requirements (the Services). You have engaged TQOC to provide the Services.

1. The Engagement

1.1. TQOC agrees to perform the Services for You, for the Fees as set out on the Booking Page.

1.2. TQOC agrees to commence the Services on the Commencement Date, which will be agreed between the parties upon accepting these Terms and Conditions and upon payment of the required Fees by You.

1.3. Both Parties agree that the Services will be provided online via Zoom and Voxer or text.

1.4. The Parties may send and respond to Voxer or text messages when it is convenient to that party, not limited to business hours.

2. Fees

2.1. You agree to pay TQOC the Fees as set out on the Booking Page. The Fees are non-refundable.

2.2. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts. Where the Services are provided to individuals outside Australia, GST is inapplicable.

3. Cancellations, Refunds and Termination

3.1. General Cancellation

(a) You must notify TQOC of an intention to cancel the Services as soon as practicable through e-mail to support@thequeenofconfidence.com and abide by the following (Cancellation Policy).

(b) The Services are non-refundable. If you wish to terminate the Services early, all unpaid amounts of the Fees are non-refundable. If You are unable to attend a session, You will not be provided with a refund.

(c) TQOC reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.

(d) If TQOC terminates the Services, You agree to pay TQOC for the portion of the Services completed up to the date and time of termination.

3.2. Cancellation and Rescheduling of one-on-one sessions

(a) Both Parties agree to reschedule any one-on-one sessions in writing.

(b) TQOC understands that things change, and therefore if You need to make a request to alter Your session time You agree to provide at least 2 business days’ notice. Unfortunately, if You have to make changes within 2 business days of Your scheduled session, You will forfeit the session, and the Fees involved.

(c) If for any reason You are running late for a scheduled session, TQOC will not be able to extend the session to make up for lost time. TQOC will wait for a maximum of 15 minutes from the start of the scheduled session, after which time the session will cease and You will not be able to reschedule.

4. Warranty

4.1. TQOC will use her best efforts and take all reasonable steps to help You achieve your desired results. However, TQOC makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.

4.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel this Agreement with TQOC, and You are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

5. Disclaimer

5.1. You are solely responsible for Your own physical, mental and emotional well-being, Your decisions, choices, actions and results arising out of or resulting from the Services. You agree that TQOC is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by TQOC.

5.2. You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. TQOC recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided in the Services. TQOC will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

5.3. You understand that in order to enhance the relationship and sessions with TQOC, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.

6. Liability and Waivers

6.1. Liability

TQOC’ 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 the Services to You.

6.2. Waivers

(a) A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

7. Disclosure and Use of Confidential Information

7.1. All obligations of confidentiality set out in these Terms continue in full force and effect after the completion of services.

7.2. TQOC will not disclose any Confidential Information to any third party without Your prior consent.

7.3. This Agreement prohibits the disclosure of Confidential Information by TQOC with the exception of the following circumstances:

(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser;

(b) the disclosure is required by applicable law or regulation; or

(c) if the confidential information is already in the public domain at no fault of TQOC

8. Copyright and Intellectual Property Rights

8.1. You agree that any works, items, materials or information of whatever nature produced or developed by TQOC or under the direction of TQOC pursuant to or in the Program of providing the Services will remain the sole and complete property of TQOC, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

(a) If You have fully complied with these Terms and Conditions and if the works, items, materials or information referred to have been produced by TQOC as part of the Services, TQOC grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.

(b) There is no assignment of Intellectual Property Rights by TQOC to You pursuant to these Terms and Conditions.

(c) Nothing in these Terms and Conditions affect the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

8.2. Indemnification

You hereby indemnify and agree to keep indemnified TQOC against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as outlined above.

9. Force Majeure

9.1. If circumstances beyond TQOC’s control prevent or hinder the provision of the Services, TQOC is free from any obligation to provide the Services while those circumstances continue. TQOC may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.

9.2. Circumstances beyond TQOC’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

10. Dispute Resolution & Mediation

If a dispute arises out of, or relates to this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by an independent third party, as agreed, or his or her nominee, and attend a mediation

11. No Partnership or agency

Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

12. Governing Law & Jurisdiction

This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, TQOC agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.

13. Severance

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

14. Entire Agreement and Modifications

Both You and TQOC confirm and acknowledge that these Terms, the Booking Page and Booking Page of the website constitute the entire Agreement between You and TQOC and shall supersede and override all previous communications, either oral or written, between the parties.