Terms and Conditions

 

Client Contract Terms

 

Welcome and Acceptance

 

Hello and welcome! This Client Contract is a legal agreement between you and Dr Jo Braid Coaching (we, our or us). Please read the Client Contract and contact us if you have questions, our contact details are at the end of the Client Contract.

You accept the Client Contract by conduct, including without limitation:

• by moving forward with the Services such as booking times;
• by email;
• by payment; or
• by online acceptance on the Dr Jo Braid Coaching website.

 

Coaching Services

 

• The Services and our Program Dates are set out in the Client Contract Form and are designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy for moving towards those goals.

We will provide the Services with due care and skill and we will supply the Services within a reasonable time as agreed by the parties.

We will provide the Services for the agreed period, unless the parties agree a variation. At the end of the period the parties may agree to continue the Services under the Client Contract for an additional period and for an agreed fee.

The Services and fees may be varied in writing including email, by agreement between the parties.

Payment

• Fees: Fees and payment terms for the Services are set out in our Client Contract Form. All fees are stated in AUD unless expressly stated otherwise, and include GST unless expressly stated otherwise.

Services: you agree that if you engage our Services, you will pay the specified Fees for the Services, in accordance with the payment period for Services.

Method: you agree to pay the relevant fees as set put in the Payment Terms and Method in our Client Contract Form.

Invoices: you must pay our invoices in the period set out in the invoice. We may cease to provide the Services until we receive full payment, in our sole discretion.

Interest: if necessary, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 1% per month, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice.

• Debts: if invoices are unpaid after the payment date, we have the right to engage debt collection service for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.
• Fee changes: if the parties agree to a further period of Services after any initial period has elapsed, we may review and increase the fees at our sole discretion. Fee changes will apply after the agreed period is complete. We will notify you of any applicable fee changes.

 

Intellectual Property and Use

 

• Ownership: We own or licence all rights, title and interest (including intellectual property rights) in our Services, including pre-existing intellectual property and Intellectual property that we create during the course of the Services. All Coaching Materials are our property, or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our name, logo, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

License: We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services to help you achieve your own personal, professional or business goals. You are not licensed to, and you agree that you will not:

• breach any intellectual property rights connected with our Coaching Materials, including (without limitation) altering or modifying any of our Coaching Materials or creating derivative works;

modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell, resell, redistribute or in any way repackage our Coaching Materials, or otherwise commercialise or exploit our Coaching Materials in any manner; or

offer competing products or Services based upon any information contained in the Coaching Materials.

• All other uses are prohibited unless we give you written consent. Nothing in the Client Contract constitutes an assignment or transfer of intellectual property rights, or a right to use intellectual property, whether registered or unregistered, except as stated in the Client Contract or with the party’s written permission.

Copyright Notice

 

• The Coaching Materials are copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Dr Jo Braid Coaching.

Confidential Information

• We agree not to disclose your confidential information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your confidential information from any unauthorised disclosure; and only to use your confidential information for the purpose for which it was disclosed by you and not for any other purpose.

You agree not to disclose our confidential information to any third party; to use all reasonable endeavours to protect our confidential information from any unauthorised disclosure; and only to use our confidential information for the purpose for which it was disclosed or provided by us to you and not for any other purpose.

These obligations do not apply to confidential information that:

• is authorised to be disclosed;

is in the public domain and/or is no longer confidential, except as a result of a breach of the Client Contract;

is received from a third party, except where there has been a breach of confidence; or

must be disclosed by law, regulation or by a regulatory authority including under subpoena.

• This clause will survive the termination of the Client Contract. 

Your Obligations

 

You warrant that there are no legal restrictions preventing you for agreeing to these Client Contract; any information provided is true and correct and complete, you will inform us if you have reasonable concerns relating to the provision of Services under the Client Contract, with the aim that the parties will use all reasonable efforts to resolve the concerns and you will not employ, canvass, solicit, entice, induce or attempt to employ our personnel.

 

Electronic Communications, Videoconference and Telephone

 

We send and receive emails and documents electronically, but have no liability for any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files. We meet by videoconference but have no liability for any claim you may have as a result of any interruption or interference. If videoconference is unavailable we can choose to meet by telephone. 

Feedback and Dispute Resolution

• If there is a dispute between the parties in relation to the Client Contract, the parties agree to the following dispute resolution procedure:

• The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
• If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to mediation administered by the Australian Disputes Centre (ADC).
• The mediation will be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC.
• The parties must attend the mediation in good faith, to seek to resolve the dispute.
• Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under the Client Contract, by law or in equity.
• This clause will survive the termination of the Client Contract.

Term and Termination

• The Client Contract duration is the Program Dates, or an agreed period, or the date on which the Client Contract is terminated in accordance with this clause, if earlier.

Either party may terminate the Client Contract if there has been a material breach of the Client Contract, subject to following the dispute resolution procedure.

We may terminate the Client Contract immediately, at our sole discretion, if:

• you commit a non-remediable breach of the Client Contract;

you commit a remediable breach of the Client Contract and do not remedy the breach within a reasonable time after receiving written notice of the breach;

you fail to provide us with clear or timely instructions to enable us to provide the Services;

we consider that a request for the Services is inappropriate, improper or unlawful or we consider that the working relationship has broken down including a loss of confidence and trust;

for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or

you fail to pay by the due date.

On termination of the Client Contract you agree that fees or other payments made are not refundable, and you must pay for all Services provided prior to termination, including Services which have been performed and have not yet been invoiced.

On termination of the Client Contract, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our confidential information and intellectual property, and/or documents containing or relating to our confidential information and/or intellectual property.

On termination of the Client Contract, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your confidential information and intellectual property, and/or documents containing or relating to your confidential information and/or intellectual property.

On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Client Contract constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of the Client Contract.

The accrued rights, obligations and remedies of the parties are not affected by the termination of the Client Contract.

Consumer Law

 

• ACL: certain legislation including the Australian consumer law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory rights).

Statutory rights: nothing in the Client Contract excludes your statutory rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and the Client Contract.

Warranties: except for your statutory rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees.

Delay: where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period, where it is affected by your delay in response or supply of incomplete or incorrect information.

Warranties and Disclaimers

 

• While we make all reasonable efforts to assist you to achieve the goals, you acknowledge and agrees that many factors to achieve the goals are outside our control. We do not guarantee that the goals will be achieved.
• You agree that the Services are not health coaching, counselling, psychology, psychotherapy, psychoanalysis or mental health care, treatment or therapy. You agree that the Services are not professional legal, medical, financial, business or other advice. You agree to obtain these services if you need these.
• You read, use and act on our Services at your own risk. To the maximum extent permitted by law, we make no representations or warranties that our Services are complete, accurate, reliable, up-to-date and suitable for any particular purpose, access will be uninterrupted, error-free or free from viruses and we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Services or Coaching Materials.
• Our total liability arising out of or in connection with the Services, is limited to re-supplying the Services, or, at our option, refunding the amount paid for the Services to which your claim relates. Our total liability for all damages in connection with the Services will not exceed the lesser of the price paid under the Client Contract for a specific service, or within for the 12-month period prior to the act which gave rise to the liability. To the extent permitted by law, we exclude liability for the Services being unavailable, your inability to access or use the Services or the late supply of Services, or any claim, even if we were informed of the likelihood of such loss or damage.
• This clause will survive the termination of the Client Contract.

•  

General

 

• Variation: We may, at any time and at our discretion, vary these Client Contract and provide these by email or on our website.

GST: If and when applicable, GST payable on the fee for the Services will be set out on our invoices. We agree to pay the GST amount at the same time as its pays the fee.

Relationship of parties: The Client Contract is not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

Assignment: The Client Contract is personal to the parties. A party must not assign or deal with the whole or any part of its rights or obligations under the Client Contract without the prior written consent of the other party.

Privacy: We comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines regarding your personal information.

Severance: If any provision (or part of it) under the Client Contract is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under the Client Contract cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the Client Contract and the remaining provisions (and remaining part of the provision) of the Client Contract are valid and enforceable.

Force majeure: We will not be liable for any delay or failure to perform our obligations under the Client Contract if such delay is due to any circumstance beyond our reasonable control.

Notices: Any notice required or permitted to be given by either party to the other under the Client Contract will be in writing addressed to the relevant address notified to us. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Jurisdiction: These Client Contract is governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Entire agreement: The Client Contract represents the entire agreement between the parties and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

 

•  How to contact us

If you have questions or comments please contact us at:

Dr Jo Braid Coaching
ABN: 44 964 839 277
Email: [email protected]

 

Effective: 31 March 2022

Updated: 6 November 2024