TERMS OF USE

Please read all of below Terms Of Use (“Terms” or “Agreement”) carefully before accessing and using www.mindsetcoachmindi.com (“website”) and purchasing any products and services offered by MGD Coaching (Australian Business Number 31345177290 and referred to as the “Service provider, We, Us or Our”). 

The Terms Of Use constitute a legally binding agreement by and between you whether personally using or on behalf of another entity and us. By reading the Terms and accessing the website you warrant your consent and agree to be bound by the Terms Of Use.

The headings used are for convenience only and must not be understood in any way that would limit or otherwise affect the provisions of this Agreement.

IF YOU DISAGREE TO ANY PART OF THE TERMS OF USE YOU MUST IMMEDIATELY DISCONTINUE USING THE WEBSITE, PURCHASING ANY PRODUCTS OR SERVICES OFFERED BY US. 

Legal Age

You  must be of legal age,18 years and above. If you are under 18 years of age, you must obtain and provide written consent and counsel from your legal guardian/s before use. 

The Applicable Law 

This Agreement shall be governed and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflicts of laws provision.

Content, Products & Services

The content, products and services available on this website should not be construed as legal, financial, medical or other professional advice. 

We do not warrant or guarantee results from consuming website content or purchasing our products and services.

All Coaching sessions can be purchased on first come first paid basis. The sessions will commence and end at the scheduled time. Please purchase Coaching sessions at your own discretion. 

Consuming and engaging in the content and purchasing any products and services offered to you by us or via other suggested third parties by us,  is your sole responsibility. We are not liable for any inconvenience, damage or loss incurred by you thereof. 

We may allow you to share, repost, link or sometimes make available our content, products or services to other platforms such as social media and digital media (blogs, forums and other). You take full responsibility in deciding the appropriateness and legality of doing so.

We may or may not be compensated financially by these third parties we may suggest or refer to you.

Professional Conduct & Standards

You agree to refrain from publicly or privately disparaging us or any related third parties and act in good faith and conduct.

You agree to participate in the use of services with necessary preparation, punctuality, commitment, dedication, integrity & transparency. 

You understand that the Coaching services can be terminated if it is beyond our scope to cater to your needs, if you participate under the influence of substances or for any other reason which challenges our integrity and wellbeing.

Refunds And Payment Policy

All sales are final. We do not offer refunds to any digital products or services we directly offer to you for ‘change of mind’ or ‘no show’.

We also do not offer or process refunds on behalf of any third parties we suggest or refer to you.

All payments are subject to the payment processing terms and conditions of all the financial institutions (Such as financial institutions which issued the methods of payments, third party payment processors such as PayPal) involved.

Intellectual Property

All trade names, registered and unregistered trademarks, copyrights, patents, brand names, brand logos, brand designs,  processes,  concepts, ideas, trade secrets, methodologies, techniques, assets, resources, copy, graphics, video files, audio files, products and  services  made available to you on this website or other platforms  are our intellectual property.

Any content, products and services you consume for free or via purchase is for your personal use only. 

You agree to refrain from recording (audio and video), reproducing, modifying, copying, selling,  publishing or publicly reviewing, providing access to third parties of any part of the website, products and services without our written consent.

Confidentiality & Personal Information

Any personal contact details and sensitive information collected from you during and use of products and services by you will be used to serve necessary purposes such as identity verification, emergency contact and other. Your personal and sensitive information will not be sold to third parties and will be kept strictly confidential. 

Your identity as a reference will not be shared without written consent in any personal or professional circumstances including publishing testimonials via the Coach’s website, social media, mainstream media or via other channels.

The Coaching relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. 

Confidential Information does not include information that: 

(a) was in our possession prior to its being furnished by you; 

(b) is generally known to the public or in your industry; 

(c) is obtained from a third party, without breach of any obligation to you; 

(d) is independently developed by us without use of or reference to your confidential information; or 

(e) we are required by statute, lawfully issued subpoena, or by court order to disclose;

(f) is disclosed to us and as a result of such disclosure we reasonably believes there to be an imminent or likely risk of danger or harm to you or others; and 

(g) involves illegal activity. 

You acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.

Dispute Resolution

If a dispute arises that cannot be resolved by mutual consent, both parties agree to attempt to mediate in good faith up to 60 days after notice is given.

If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

Limited Liability

In no event we will be held  liable to you for any indirect, consequential or special damages. Notwithstanding any damages that you may incur, our entire liability under this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you to us under this Agreement for all products and services rendered through and including the termination date.

Termination

You may decide not to continue using the website content or purchasing our products and services at any time.

We have the right to terminate your use of website content, products and services if you breach any of the terms.

Severability

If any terms of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If the Court finds that any term of this Agreement is invalid or unenforceable, but that by limiting such term it would become valid and enforceable, then such term shall be deemed to be written, construed, and enforced as so limited.

Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Survival

Terms; Content, Products & Services,  Intellectual Property, Limited Liability, Severability, Applicable Law, Waiver, of this Coaching Agreement will survive the termination or expiration of services of the Agreement and will continue indefinitely.

Changes 

We reserve the right to modify or replace these Terms at any time without prior notice at our sole discretion. 

It is your responsibility to stay up to date with the Terms and raise any concerns in a timely manner.

Queries

Please forward all your queries to contact@mindsetcoachmindi.com.

We aim to respond to your queries related to this Agreement within 7 business days.