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Welcome to LucindaCoaching.com, a platform providing comprehensive online coaching sessions, consultations, and related services through www.LucindaCoaching.com (the “Website”), as well as through communication tools such as Zoom, Google Meet, and telephone (collectively, the “Services”). Onyx Group Holdings (“we,” “our,” or “us”) owns and operates the Services.
These Terms & Conditions (“Terms”) govern your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and us. It is crucial that you read and understand these Terms before registering for any coaching services, as they outline your rights and obligations under the law. The Terms include essential information regarding the registration, booking, fulfillment, and delivery of coaching services, as well as limitations of liability.
These Terms were last updated on 27 July 2024. Your continued use of the Services after any changes to these Terms indicates your acceptance of the revised Terms.
1.1. By using the Services, you confirm that you understand and agree with the Terms and our Privacy Policy. If you do not agree, you may not use the Services.
2.1. To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
2.2. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.
2.3. You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
3.1. All fees are quoted in Australian dollars, unless otherwise stated on the Services.
3.2. Unless stated otherwise, the fees stated on the Services exclude GST as defined in the A New Tax System (Goods and Services Tax) Act 1999. Thus, you agree to pay, at the same time and in the same manner as the fee is otherwise payable, the amount of any GST payable in respect of the fee.
4.1. You may place an order (“Booking”) for a consultation by following the instructions on the Services.
4.2. If you are under the age of eighteen (18) years or not legally capable of entering into contracts under your national law, you cannot book a consultation or consultation pack. By making a booking, you acknowledge that you are over the age of eighteen (18) years or legally capable of entering into contracts under your national law.
4.3. By making a booking, you make an offer to enter into an agreement to purchase consultation(s) subject to your order. Payment for consultations will be processed immediately upon confirmation of your order.
4.4. You may be offered a 30-minute online initial consultation. No coaching will be provided during the consultation. The purpose of this initial consultation is to understand your needs. During these calls, estimates of the number of sessions required to address your presenting issues are given based on the information presented at that time. These estimates are only rough guidelines and are subject to change.
4.5. All professional fees will be disclosed prior to booking. Professional fees are subject to review and may increase from time to time. Confirmation of the professional fees will always be provided before booking.
4.6. Please ensure availability at the session start time. If running late, notify as soon as possible. Every effort will be made to provide a full session; however, this cannot be guaranteed as it depends on bookings after the session.
5.1. We reserve the right to decline or cancel your booking at any time prior to the initial scheduled consultation. If we cancel your booking, any fees paid in relation to that booking will be refunded in full subject to clause
5.2 If a session needs to be cancelled or rescheduled, as much notice as possible should be provided. Notification must be made by email, text message, or phone call at least 48 hours prior to the scheduled coaching session.
6.1. Except as required under Australian Consumer Law or as otherwise set out in these Terms, all fees paid for Services are non-refundable.
6.2. No refunds will be issued for cancellations made within 48 hours of a coaching session. Session fees are for time and professional expertise. Therefore, no refunds will be given for any sessions that have been attended and paid for. If a coaching package has been booked and paid for in advance, and the coaching process is discontinued before attending all the sessions, a pro rata refund will be issued after deducting the full standard session fee for any sessions that have been attended.
7.1. The Services use Calendly, Stripe, PayPal or other third-party payment service providers (each, a “Payment Supplier”) to collect your payments. The Payment Supplier is responsible, and we shall not be liable, for any matter in connection with the processing of your payments.
7.2. You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.
7.3. You are solely responsible for any and all fees charged to your credit card or payment method by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
7.4. You agree to notify us or the Payment Supplier about any billing problems or discrepancies within 60 days after they first appear on your Account statement. If you do not do so within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
7.5. We will not be responsible for payments that are declined, delayed, or not accepted due to disruptions, internet connections, or triggers of fraud prevention protocols.
8.1. The Services are conducted online (Zoom, Google Meet) or over telephone, and we will primarily communicate with you via email. By agreeing to the Terms, you agree to receive electronic communications from us.
8.2. You may send us notices to our contact details lu@lucindacoaching.com.
8.3. We may send you notices to the contact information in your Account. It is your responsibility to ensure that your Account has your correct contact details and is regularly checked for correspondence.
8.4. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
8.5. Any contact between sessions will be conducted via email only, unless otherwise agreed upon.
9.1. The Services are stored and operated from a secured private server. While we take reasonable precautions to protect the Services, no security system is impenetrable, and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers. It is also the user's responsibility to use secure practices when accessing the Services.
9.2. Emails to/from the Services may undergo email filtering and virus scanning, including by third-party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
10.1. You are responsible for all costs associated with using the Services, including internet access, device, equipment, telecommunications, data, and roaming charges.
10.2. You agree to use the Services for lawful purposes only. You must ensure that your access to, or use of the Services is not illegal or prohibited by laws that apply to you.
10.3. You must take your own precautions to ensure that your process for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Services.
10.4. During any coaching sessions, the client will be treated with respect and the trust placed on the coach will not be abused. In return, the client must undertake not to harm themself, or any other person, including the coach, or any property belonging to either the coach or business or any other person. The client agrees not to attend sessions under the influence of alcohol or recreational drugs, except those medications which have been prescribed by the client’s doctor.
10.5. If sessions are attended under the influence of alcohol or recreational drugs, or if violent or abusive behavior is demonstrated, the session will be cancelled, and further sessions may be refused without refunding any payment already made.
11.1. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of the Website or any part thereof.
11.2. You may not (or attempt to) use the Services for any of the following:
11.2.1. violation of all or any legal rights of any person or company or other entity in any jurisdiction;
11.2.2. committing crimes;
11.2.3. in breach of any laws, including laws for the protection of copyright, trade secrets, patents, or other intellectual property; against installation or distribution of "pirated" software or otherwise; and the Privacy Act 1988 (Cth), or any other applicable data protection laws;
11.2.4. violation of domestic export control laws;
11.2.5. sending unsolicited email messages through or to users of the Services in breach of spam laws that apply to your messages, including the Spam Act 2003 (Cth).
12.1. The Services may contain links to third-party platforms and sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the third-party links. The publication of third-party links on the Services does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein.
13.1. The availability of the Services is subject to limitations, such as bandwidth, database size, throughput, and other technical and non-technical restrictions. The availability of the Services may also be affected by any planned or unplanned maintenance by our hosting providers or us. We are not responsible for any interruption on the Services caused by the improper functions of these networks and infrastructure.
14.1. To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Services.
14.2. To the extent permitted by law, our total liability to you for any damages arising from or related to the Services is limited to the total fees paid by you to us in the six months preceding the event giving rise to the liability. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.
15.1. A “Non-Excludable Guarantee” is a liability that is prohibited from being excluded under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) as amended). Except in respect of any Non-Excludable Guarantees, we do not guarantee that the use or access of the Services will be uninterrupted or error-free.
15.2. Except in respect of any Non-Excludable Guarantees, all conditions, warranties, and guarantees implied in the Terms are excluded, to the extent possible by law. Our liability for failure to comply with such a warranty or guarantee is limited, at our sole discretion, one or more of the following:
15.2.1. With respect to the Services, resupplying the Services or payment of the cost of having those Services resupplied.
15.3. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
16.1. The information on the Services is not professional advice. You will seek all appropriate financial, legal, and other advice as applicable before relying on any information on the Services. Except in respect of any Non-Excludable Guarantees, we do not represent that the information on the Services is accurate, correct, up-to-date, or error-free.
16.2. You agree that we shall not be liable or otherwise responsible for any damage or loss caused by your act, omission, or failure in respect of your use of the Services. By your use of the Services, you assume the risk of the limitations inherent in the Services and agree that no warranty or guarantee is given by us concerning any particular result.
16.3. The agreement to work on the issues presented does not imply or guarantee the resolution of those issues. Best efforts and skills will always be used to work towards the goals and intended outcomes.
17.1. You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
18.1. We shall not be liable for any delay in performing any of our obligations under the Terms if such delay is caused by circumstances beyond our reasonable control (or our affiliates), and we shall be entitled to a reasonable extension of time for the performance of such obligations.
19.1. Our Privacy Policy, which governs the processing of your Personal Data as defined in the Privacy Act 1988 (Cth), is available on our Website.
19.2. All contact, including sessions, telephone conversations, and emails, will be conducted in confidence. All conversations and notes will remain confidential, except in the following circumstances:
Where permission for confidentiality to be broken is given
Where the information is of a nature that confidentiality cannot be maintained, for
example:
20.1. You may send, upload, or post suggestions, comments, or requests (each a "Feedback") to us. Effectively and upon providing any Feedback, it becomes our sole and exclusive property, and you assign to us all Intellectual Property Rights, including Moral Rights, in the Feedback, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
21.1. We may change and update the Terms from time to time. If we do, we will post the latest change date on this page. We will also notify you of the amendments in writing or via email. By using the Services after the change date, you confirm that you understand and agree to the amended Terms.
21.2. Furthermore, we reserve the right to modify the content, materials, functionalities, and other Content available through the Services, unilaterally, at any time and without prior notice. By using the Services after modifications or additions to the Content have been made, you fully acknowledge, understand, and accept the content thereof.
21.3. For the avoidance of doubt, any such changes will operate prospectively from the time that the revisions are published on the Services and will not impact any Purchase Contract entered into prior to the date of the publication of the revisions.
22.1. We may terminate or suspend your access to the Services, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
22.2. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
22.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
23.1. Headings do not affect the interpretation of the Terms.
23.2. The general rule of construction for interpreting a contract, which provides that the provisions of a contract should be construed against the party preparing the contract, is waived by the parties.
23.3. A reference to a statute or regulation includes amendments thereto and any statutory instrument, regulation, or other subordinate legislation made under the statute or regulation.
23.4. A reference to a clause, subclause, or paragraph is a reference to a clause, subclause, or paragraph of the Terms.
23.5. A reference to time is to time in Queensland, Australia.
23.6. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
23.7. The words "includes," "including," and similar expressions are not words of limitation.
24.1. Any dispute or difference arising in connection with this agreement will be submitted to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators Australia Expedited Commercial Arbitration Rules.
25.1. Entire Agreement. The Terms and our terms and policies that are expressly referenced here constitute the entire agreement between you and us and, to the extent possible by law, supersede all prior understandings, representations, arrangements, and agreements between you and us regarding its subject matter.
25.2. No Waiver. A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
25.3. Assignment. You may not assign, transfer, license, or novate your rights or obligations under the Terms without our prior written consent. We may assign, transfer, license, or novate our rights or obligations under the Terms at any time, subject to our Privacy Policy.
25.4. Severability. If any part of the Terms is held invalid by a court of competent jurisdiction, the remainder shall remain valid and enforceable.
25.5. Relationship. We are independent contracting entities. The Terms and our applicable terms and policies do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise between you and us.
25.6. Governing Law, Jurisdiction and Venue. The Terms will be interpreted in accordance with the laws of Queensland, Australia. You and we irrevocably submit to the non-exclusive jurisdiction of the courts in Queensland, Australia.
26.1. If you have any questions about these Terms or the Services, please contact us at lu@LucindaCoaching.com or through the contact form available on our Website.