Coaching Terms & Conditions with Sarah Chapman Coaching
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AND JOINING PROGRAM
WEBSITE TERMS AND CONDITIONS â GROUP COACHING PROGRAMÂ Â Â Â Â
1. Who we are and how to contact us
1.1 -Â Â empoweredcountrymums.com.au is a website (âWebsiteâ) operated by Clear Creek Enterprises Pty Ltd ABN 23 154 585 145 (we, us and our).
1.2 -Â To contact us, please email [email protected]
1.3 -Â Reference to the Website, includes the coaching, training, and educational services we provide via Website and other mediums from time to time, including but not limited to Group Coaching Session, One-on-One Coaching, online courses, downloadable resources, video trainings, and access to private community platforms (collectively referred to as the âCoaching Programâ)Â Â Â Â Â
 2. Agreement
2.1 -Â By using or visiting our Website or subscribing to our Coaching Program, you confirm that: (A) you have read and accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. (B) you are at least 18 years old, residing in Australia and using this Website within Australia. We may, at any time, revoke your membership should we have any reason to believe that you have misrepresented your age.
2.2 -Â We are the owner or the licensee of all intellectual property rights in our Coaching Program, Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
3. Our Coaching Program
3.1-Â We will provide the following Coaching Program to you through the Website, via email, videoconferencing facilities, SMS or by other means as determined by us.
3.2 - We offer a hybrid coaching model comprising both Group Coaching Programs and One-on-One Coaching Sessions, designed to support rural and regional Australian women in building empowered, sustainable businesses.
3.3 - Group Coaching Program â Biz School for Rural and Regional Women
a) The Biz School is a 12-month Group Coaching and membership program designed to provide structured support, training, and community connection. The program includes:
(i) Weekly content delivered via our membership platform
(ii) Six (6) live Zoom sessions each month, including:
A - 2 x Group Coaching or Q&A sessions with Sarah Chapman
B - 1 x Coaching call with our in-house marketing coach, Holly
C - 1 x Marketing Co-Working Hour with Holly
D - 1 x âSupport, Network, Connectâ session with Kerri, our assistant coach
E - 1 x Guest Expert Workshop on business or leadership topics
(iii) Access to pre-recorded trainings, coaching tools, and implementation resources
(iv) Optional access to community forums or social platforms, at our discretion
3.4 - The Coaching Program include any materials, documents, video content, coaching tools, worksheets, or resources provided as part of the Coaching Program (collectively referred to as âMaterialsâ).
3.5 - Access to the Materials provided as part of the Coaching Program shall be granted to you for the period of your selected program (6 or 12 months) After this period, access to the Materials will be revoked unless otherwise agreed in writing by us. You may download and retain copies of the Materials for personal use during the access period, but you must not share, distribute, or use them for commercial purposes without our express written consent.
3.6 - The Coaching Program is provided by way of a subscription package, which will vary from time to time (this includes, but is not limited to, costs, inclusions and frequency).
3.7 -Â You agree to subscribe to the minimum term as stated in the subscription package you have chosen (âSubscription Periodâ). The subscription will not automatically renew at the end of the Subscription Period. Instead, renewal will require the mutual agreement of both parties. If you chose to continue to use the Coaching Program after the expiry of the Subscription Term, you will pay for those Coaching Program in accordance with these Terms on a month-to-month basis until either you or we terminate in accordance with clause 16 (Termination).
3.8 - The Coaching Program will ordinarily be provided by the day/time and method indicated on the Website, or otherwise in any manner determined by us, including email, videoconferencing, such as zoom, SMS, social media or other platforms at our discretion. We will not be responsible for any failure in delivery of the Coaching Program due to errors or delays caused by your email host, internet provider or other security provider.
3.9 - You acknowledge and agree that any dates for completion notified by us are estimates only, and we will have no liability to you for failing to meet any delivery or milestone date.
3.10 -Â We will perform the Coaching Program and prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.
3.11-Â We and our personnel will provide the Coaching Program. Where we are unable to provide the Coaching Program for any reason, we reserve the right to provide the Coaching Program through a substitute or an alternative service provider.
3.12 - You agree to fully participate in the coaching process, be open and honest in your communication with us, and take responsibility for your own actions and decisions. You acknowledge that the Coaching Program are not a substitute for professional advice or therapy, and you should seek appropriate professional assistance if needed.
3.13 - Some discussions may bring up difficult emotions or topics. You agree to seek appropriate support if deeper therapeutic needs arise. Coaching is not intended to process past trauma or replace counselling services.
3.14 -Â Any business templates, strategies, or recommendations shared during our sessions are examples only and should be adapted to your business and reviewed by relevant professionals (e.g., accountant, legal advisor). You are solely responsible for the implementation of strategies and compliance with relevant laws.
3.15 - We may recommend third-party tools or providers (e.g., software, marketing experts, accountants). These are suggestions only, and we are not responsible for any outcomes, costs, or results associated with those third parties.
3.16 - We may record both group and One-on-One Coaching sessions for internal review, training purposes, or to improve the quality of our Coaching Programs. With your consent, recordings may also be edited and used for marketing or educational purposes (e.g., de-identified clips, anonymised quotes). If you do not wish your image, voice, or contributions to be used in this way, you must notify us in writing prior to or immediately after the relevant session.
3.17 - You may contact us via email at [email protected] between scheduled sessions for brief check-ins or to share wins. We aim to respond within 48 hours during business hours, Monday through Thursday, 9am to 5pm AEST.
4 Registration to use the Coaching Program
4.1 - To access the Coaching Program, you must first register for an account or complete an enrolment process through the Website or through our designated registration form. Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms.
4.2 - As part of the registration process, or as part of your continued use of the Coaching Program, you may be required to provide personal information about yourself, including your name, email address, phone number, billing details, and any other necessary information.
4.3 - You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make changes to you membership such as your contact or payment details.
4.4 - By enrolling in any of our Coaching Programsâwhether Group Coaching, One-on-One Coaching, or a bundled packageâyou acknowledge that you have read, understood, and agreed to these Terms and Conditions in full. This agreement becomes legally binding through any of the following actions:
(a) ticking a checkbox during the registration process;
(b) submitting payment via our designated payment gateway (such as Stripe); or
(c) electronically signing the agreement where applicable.
4.5 - You acknowledge and agree that registering for the Coaching Program signifies your acceptance of these Terms. We recommend that you read these Terms carefully before finalising your purchase or enrolment.
4.6 - If you fail to complete the registration process, or provide false, misleading, or incomplete information, we reserve the right to suspend or cancel your access to the Coaching Program without refund.
5 - Fees
5.1 - You agree to pay the applicable fee (âFeeâ) for the Coaching Program you have selected, which may include Group Coaching, One-on-One Coaching, or a combined package. The Fee will be stated clearly on the relevant invoice or sales page at the time of your enrolment.
5.2 - For Group Coaching Program â Biz School for Rural and Regional Women You may choose from the following payment options for the Biz School for Rural and Regional Women program:
(a) $3,000 upfront (including GST), payable before the start of the program, or
(b) $69 per week for 52 weeks (total $3,588), via an automatic Stripe-managed payment plan.
5.3 - The weekly payment plan is a financial convenience and represents instalments toward the full program cost. By selecting the weekly plan, you agree to pay the full program Fee. Payments are not cancellable once the program has commenced, and access will be provided for the full 12 months.
5.4 - For One-on-One Coaching packages (which include access to the Biz School for Rural and Regional Women), multiple payment options are available, including upfront payment and structured weekly instalment plans with an initial upfront fee. Clients may select from a 6-month or 12-month package, and each option includes flexible payment plans designed to suit different budget needs.
5.5 The applicable fees, payment plan options, and total investment for your selected One-on-One Coaching package will be clearly outlined in your invoice or enrolment documentation. Pricing is subject to change and will be confirmed at the time of your enrolment.
5.6 - You may select from the available payment options at the time of enrolment. These may include full upfront payment or a structured instalment plan, managed via Stripe or another authorised payment gateway.
5.7 - You may select from available payment options at the time of enrolment, which may include full upfront payment or a payment plan via Stripe-managed subscription.
5.8 - You expressly authorise us to automatically charge your nominated card for each instalment as per your selected schedule, without requiring further authorisation.
5.9 - If a scheduled payment fails, our payment system (currently Stripe) will automatically attempt to process the payment up to three (3) additional times at 48-hour intervals. You will receive notification after each failed attempt. If the payment remains unsuccessful after all retry attempts, we may pause or restrict your access to the Coaching Program until your account is brought up to date.
5.10 - We aim to maintain open and respectful communication and will work with you to resolve any payment issues where possible.
5.11 - Failure to pay the Fee in accordance with these Terms may result in suspension or termination of your access to the Coaching Program.
5.12 - Payment for Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Stripe. You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions, which are available on that third-party website.
5.13 - You will be liable for any banking fees and charges, and other fees, including administration fees, where there has been a refund or denial of the Fee by your banking or credit institution.
5.14 - Should we consider it necessary to vary the Fee at any time, we will provide you with reasonable notice, and you may elect to cancel before the changes take effect.
5.15 - If we are unable to provide the Coaching Program for any reason, we will endeavour to notify you in advance, and payment will not be collected for the relevant period of inactivity.
5.16 - If any payment is not made by the due date, in addition to the sum due, interest may apply. This interest will be calculated at 1.5% per month, compounding. Further, you will reimburse us for any costs incurred in the collection of overdue amounts, including, but not limited to, legal fees and costs of engaging a debt collection agency.
5.17 - Your invoice will reflect the total investment, selected plan, and any applicable terms, and serves as the binding fee schedule for your enrolment. Please retain a copy for your records.
6 Cancellation/Postponement
6.1 - We reserve the right to postpone the delivery of the Coaching Program in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement. We will either reschedule the session or provide access to a replay or session summary, at our discretion.
6.2 - Due to the nature of group delivery, live sessions will not be repeated individually. If you are unable to attend, you may access any replays or materials made available at our discretion.
6.3 - We reserve the right to change the service delivery date or method if we deem it necessary to do so for any reason. We will endeavour to provide you reasonable notice; however, we will not be held responsible for any changes to the service delivery date or method, provided the Coaching Program have still been delivered.
6.4 - You should notify us as soon as reasonably practicable if unforeseen circumstances arise that may limit or prevent your participation in the Coaching Program. If applicable, we will either grant you access to another similar session or a recorded replay of the session you have missed.
7 Your obligations as a Member
7.1 As a Member, you agree to comply with the following:
(a) - You will use the Coaching Program only for purposes that are permitted by:
(1) the Terms; and
(2) any applicable law, regulation or generally accepted practices or guidelines in each State and Territory of Australia;
(b) we will provide guidance and support to you in achieving these goals, but you acknowledge that the success of the Coaching Program depends on your commitment, effort, and willingness to take action. The success criteria for the Coaching Program will be directly derived from and aligned with your stated goals, ensuring that our efforts are focused on achieving outcomes that are meaningful and relevant to you.
(c) You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
(d) You understand that your commitment to applying the guidance provided is essential to seeing results. While we will support you in exploring your thoughts, emotions, and behaviours, you are responsible for your personal growth and for taking action based on our sessions.
(e) All Coaching Program, Materials and information provided by us is strictly confidential and is provided to you for your personal use only. We reserve the right to immediately terminate your membership if we suspect you have shared, or allowed the sharing, of any information with a non-member.
(f) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Coaching Program. You must immediately notify us of any breach of your user details;
(g) You are committed to the strategic goals and action plans you develop during the Coaching Program, and intend to implement meaningful change in your business or personal development;
 (h) You will not use the Coaching Program, Materials or the Website in connection with any commercial endeavours except those that are specifically approved by us;
 (i) You will not use the Coaching Program or Website for any illegal and/or unauthorised use, which includes collecting other Membersâ data and sending unsolicited emails;
(j) You understand the general intent and purpose of the Coaching Program, and are participating knowingly and voluntarily;
(k) You have the appropriate technology set up and functioning to enable your participation, including access to Microsoft applications, a stable internet connection and videoconferencing tools such as Zoom;
(l) You will participate fully in the Coaching Program and conduct yourself professionally, courteously and respectfully at all times;
 (i) Respect turn-taking and avoid dominating discussions.
(ii) Refrain from giving unsolicited advice during sessions unless invited.
(iii)Not recording any sessions (group or individual) without our written permission.
 (m) You agree that you will attend all scheduled sessions on time and participate fully with honesty, integrity, follow agreed action steps between sessions, be open to feedback and growth and respect for the coaching process. If you are late to a session, it may still conclude at the scheduled finish time, and you are not entitled to an extension;
(n) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Coaching Program;
(o) Where we allow you to post any content on the Website or any other channel, you agree that you will not post or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third partyâs systems or network security. We have the right to take down this information at our sole discretion and without notice; and
 (p) You acknowledge and agree that any automated use of the Website or its Coaching Program is prohibited.
8 Group Coaching Participation Rules
8.1 - Where the Coaching Program are delivered in a group format, you agree to the following additional obligations:
(a) You are encouraged to engage professionally with other participants to enhance learning and value, but you must comply with our rules at all times.
(b) You acknowledge that sensitive, personal, or business information (âConfidential Informationâ) may be shared during group sessions by other members. You agree to keep such information private and not disclose it outside the group.
(c) You must not record any group sessions under any circumstances.
(d) We may record group sessions to provide replays. By attending, you consent to such recordings. You may opt out by turning off your camera and microphone.
(e) While we encourage confidentiality, we cannot guarantee the security of Materials or communications when accessed through online platforms.
(f) You must not contact other participants directly without their express consent. Any further engagement with them is at your own risk.
(g) Participants agree not to use the group sessions to solicit business from other members or engage in activities that directly compete with the interests of other participants. Any breach of this clause may result in immediate removal from the Coaching Program.
(h) You agree to conduct yourself respectfully and professionally. We may exclude you from any group activities if you behave disruptively or disrespectfully.
(i) Harassment, discrimination, spam, or unauthorised promotions are prohibited. You acknowledge that violation of this clause may result in immediate removal from the Coaching Program and forfeiture of any associated fees.
(j) You acknowledge that other participants in the Coaching Program may be competitors or have similar business interests. You agree to act constructively and professionally, without disparagement or misuse of any confidential or proprietary information shared by others.
(k) Any concerns, grievances, or dissatisfaction must be raised privately with our team. You agree not to communicate complaints or criticisms publicly within the group or on any public forum, including social media.
(l) By posting content within any group forums or discussion boards, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce and adapt that material for any purpose. You also waive any Moral Rights in that content.
(m) If you join our optional community forum (e.g., Slack or Facebook), you must behave respectfully and professionally at all times.
(n) You acknowledge that feedback and suggestions offered by other group members are not professional advice, and you accept sole responsibility for how you choose to act on any input provided during group discussions.
(o) You understand that group discussions are intended to be collaborative and inclusive. You agree to respect othersâ opinions and to avoid interrupting or speaking over them during discussions.
(p) You agree to be mindful of cultural and personal differences among group participants, and to engage in ways that foster inclusivity and respect for diversity.
(q) You understand that group coaching does not provide emergency support or crisis counselling. If you need urgent or critical support, you are responsible for seeking appropriate external resources.
(r) Participants are expected to come prepared for group sessions, having reviewed any pre-session materials or completed any assigned tasks. Failure to prepare may impact the quality of the session and the participant's experience.
(s) Participants may receive follow-up materials or summaries after group sessions at our discretion. These materials are for personal use only and must not be shared or distributed.
9. Commitment Requirement and Refund Policy
9.1 - The success of our Coaching Program relies heavily on your commitment to actively engage and implement the coaching techniques and practices provided. We emphasise that coaching is an ongoing process that necessitates dedication and effort from the participant to achieve the desired outcomes. Therefore, we do not offer refunds for change of mind once the Coaching Program has commenced. Participants are encouraged to fully consider their capacity to commit before enrolling in the program.
9.2 - Refunds for the Coaching Program are only provided where required by law. No refunds will be granted for dissatisfaction with the program, except as mandated by the Australian Consumer Law.
9.3 - We are committed to providing high-quality Coaching Programs and services. In accordance with the Australian Consumer Law, consumers are entitled to certain guarantees relating to the quality and delivery of services. If we fail to meet any of these guarantees, you may be entitled to a refund, repair, or replacement services, which we will provide in our discretion.
9.4 - You may seek a refund if the Coaching Program change materially (by more than 20%) from what was advertised, you may request a pro-rata refund based on the unused portion of the Coaching Program.
9.5 - You must provide a written notice detailing your reason for termination to [email protected] outlining your reason for termination and allow a 14-day notice period to resolve any outstanding matters. Refunds may take up to 10 business days to process via our payment platform (e.g., Stripe).
9.6 - Refunds are not applicable for external factors beyond our control that may affect your access to the Coaching Program, such as internet outages or third-party software issues.
9.7 - If you are on a payment plan and decide to exit the Coaching Program, you are unequivocally required to fulfill your payment obligations as per the agreed payment plan, including all future payments. Any refund issued will be strictly adjusted against the full amount owed.
10 Privacy
10.1 - You agree to allow us to send you electronic communication (including email and SMS) regarding the Coaching Program, including any information regarding or relating to our Coaching Program, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
10.2 - By participating in the Coaching Program, you grant us the irrevocable right and permission to use, publish, and distribute your likeness, image, or voice as captured in any recordings or photographs taken during the sessions for promotional, marketing, or educational purposes. This includes, but is not limited to, usage in brochures, advertisements, and digital media. If you do not wish for your image, voice, or contributions to be used in this manner, you must notify us in writing at the time of enrolment or prior to the relevant session by emailing [email protected].
11 Intellectual Property
11.1 - We own all intellectual property rights in the Coaching Program, Website, Materials and any information and materials contained on the Website (âContentâ), and you will have a limited, non-exclusive, non-transferable licence to use the Content for your own personal purposes or internal business purposes for a period of 12 months from the date your subscription commences.
11.2 - Any use of the content for any business or commercial purpose is expressly prohibited unless we have granted you, in writing, a licence to use the Content for commercial purposes (âBusiness Licenceâ)
11.3 - Save for where we have granted you a Business Licence, any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. In addition, you may make one copy the Content and cannot reproduce or copy it to any other server or location, unless expressly agreed by us. Publication, reproduction or distribution of the Content is expressly prohibited, unless a Business Licence has been granted by us.
11.4 - You may also receive confidential or proprietary information from other participants during the course of the Coaching Program. You agree to keep such information strictly confidential and not to use or reproduce any materials, marketing content, or intellectual property belonging to us or other participants for your own business or promotional purposes. You must not publish any content related to the Coaching Program without obtaining our prior written consent.
11.5 - By participating in the Coaching Program, you grant us a worldwide, royalty-free, non-exclusive licence to record and use any part of the sessions you attend, including audio, video, chat contributions, or screen interactions. This includes permission to use your name, image, voice, and any content you contribute during the sessions for promotional, marketing, or educational purposes.
11.6 - You also grant us a royalty-free, perpetual, non-exclusive licence to use, adapt, reproduce, and publish any testimonial, feedback, or case study you voluntarily provide, in any medium and for any marketing, promotional, or instructional purposes.
11.7 - If you do not wish for your image, voice, or contributions to be used in this way, you must notify us in writing at the time of enrolment or prior to the relevant session by emailing [email protected].
11.8 - You warrant that any data, content, or materials you submit to us, including in written or verbal form, do not infringe upon any third-party intellectual property rights and comply with all applicable laws and regulations.
12 Competitors
12.1 - If you are in the business of providing similar Coaching Program for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are our competitor. Competitors are not permitted to use or access our Coaching Program or Content. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13 Non-Solicitation
13.1 - While we encourage participants in our Coaching Program to build meaningful relationships that enhance the value and outcomes of the program, you agree that you will not, within the Restraint Area during the Restraint Period, start a business or begin offering goods or services that are the same or substantially similar to our Coaching Program, unless expressly agreed to by us in writing.
13.2 - You must not during the Subscription Term directly or indirectly solicit, canvass, offer, or otherwise agree to provide goods or services to any person who is a current or former member.
14 General Disclaimer
14.1 - Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.2 - Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
14.3 - You further acknowledge that while we use reasonable efforts to ensure the accuracy and completeness of the Materials provided as part of the Coaching Program, there may be occasional errors or omissions. We do not guarantee that the Materials will be free from inaccuracies or that they will meet your specific requirements.
14.4 - By using our Coaching Program, you agree that we are not to be held liable for any decisions you make based on any of the Coaching Program, the Materials, advice or guidance we provide and any consequences, as a result, are your own. Under no circumstances can you hold us liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, Materials or techniques used or provided by us.
14.5 - All our information on both the Website, Materials and in Coaching Program is not comprehensive and is for general informational purposes only. The Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the information and Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Results are not guaranteed and we take no responsibility for your actions, inactions, choices or decisions.
14.6 - The Coaching Program provided under this Agreement are intended solely for the purpose of enhancing your business growth and development. They are not intended to replace or substitute professional business, financial, or legal advice or consultation. You acknowledge that our Coaching Program does not include business management, financial planning, or legal advisory services. If you have concerns about your business operations, finances, or legal obligations, you should seek advice from qualified business, financial, or legal professionals. We are not licenced business consultants, financial advisors, or legal professionals and do not offer such services. Any decisions you make regarding your business based on our Coaching Program are your own, and you are responsible for consulting with appropriate professionals as needed. We disclaim all liability for any actions or decisions you take based on our Coaching Program.
14.7 - Any financial projections, business strategies, or growth plans discussed during the Coaching Program are illustrative only and do not constitute guaranteed outcomes. You are advised to conduct your own due diligence and seek professional advice before implementing any business changes or financial strategies.
14.8 - Participants in the Coaching Program accept full responsibility for their own business decisions and outcomes. We disclaim any liability for any adverse effects or consequences resulting from the use or misuse of the information, suggestions, or recommendations provided.
14.9 - Success depends on your own implementation, decision-making, and effort. By entering this agreement, you acknowledge that business outcomesâincluding income, client growth, or other financial targetsâare not guaranteed.
15 Limitation of liability
15.1 - Both parties total liability arising out of or in connection with the Coaching Program or these Terms (save for your obligation to pay the Fees and the indemnity at clause 17), however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Coaching Program to you, or 3x the Fees paid by you in the preceding 12 months.
15.2 - Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind (Liability). Any Liability of a party under or arising from these Terms (and any indemnity) shall be reduced proportionately to the extent that any act or omission of the other party or its employees, agents or representatives contributed to such Liability.
15.3 - Nothing in these Terms excludes or limits Liability for: (A) death or personal injury caused by our negligence; (B) fraud or fraudulent misrepresentation; (C) any other matter for which it would be illegal to exclude or attempt to exclude Liability.
16 Termination of Contract
16.1 - The Terms will continue to apply until terminated by either you or by us as set out below.
16.2 - You may terminate at any time, upon written notice, provided that (A) we have breached a provision of these Terms, and (B) we have failed to rectify the breach after you have given us 21 daysâ notice to remedy.
16.3 - We may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) we are required to do so by law;
(c) your conduct is disruptive, abusive, or otherwise impacts our name, reputation, other clients or stakeholders;
(d) if your conduct impacts our name or reputation or violates the rights of those of another party;
(e) the provision of the Coaching Program to you by us is, in our opinion, no longer commercially viable.
16.4 - Upon termination of these Terms, your membership will be revoked, and you will no longer have any right to use the Coaching Program or the Materials. Any Business Licence that has been granted will be revoked, unless agreed in writing by us. Any outstanding fees will become immediately due and payable by you. Any fees paid in advance are non-refundable, subject to the Australian Consumer Law.
17 Indemnity
17.1 - You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with any negligent or wrongful conduct on your part. This indemnity extends to any claims brought by third parties resulting from your actions or omissions during your participation in the Coaching Program, including breach of Intellectual Property Rights. This clause shall survive the termination of these Terms.
18 Use of Content from Prior Programs
18.1 - During participation in âThe Happiness Projectâ webinars, you may share reflections, ideas, written comments, or personal insights (âParticipant Contentâ) via chat, worksheets, breakout groups, or other collaborative activities. We may reference, excerpt, or adapt this Participant Content for use in social media posts, marketing material, educational blogs, or other public content, in a respectful and de-identified manner (e.g., anonymised quotes or summaries).
18.2 - If you prefer your contributions not be used in this way, please notify us in writing at [email protected]. We will take reasonable steps to exclude your content from public use where such a request is received prior to publication.  Â
19 We are not responsible for viruses
19.1 - We do not guarantee that the Website will be secure or free from bugs or viruses or any other type of malicious code or software.
19.2 - You are responsible for configuring your technology to access the Website. You should use your own antivirus software.
20 We are not responsible for websites we link to
20.1 - Where the Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
21 We may make changes to these Terms
21.1 - We may amend these Terms from time to time. Every time you wish to use our Website, or our Coaching Program, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Coaching Program after the amendments take effect, you agree to be bound by the Terms as amended.
21.2 - These Terms were most recently updated on 28 July 2025Â Â Â
22 We may make changes to our Website
22.1 - We may update and change our Website from time to time to reflect changes to our Coaching Program , products, our users' needs, changes in law and our business priorities.  Â
23 We may suspend or withdraw our Website
23.1 - We do not guarantee that the Coaching Program , our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
24 - This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Coaching Program
25 General
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. If the parties do not resolve the Dispute within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Force majeure: If we are unable to perform in whole or in part, any obligation under these terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Coaching Program  or delivery of Products.
Assignment - Neither party may assign or novate its rights under these Terms without the other partyâs prior written consent, such consent not to be unreasonably withheld. These Terms, together with any schedules, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements, whether oral or written.Â
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
Entire agreement: These terms (and all other terms and conditions and policies that are incorporated by these terms) and any additional policies or terms you have agreed to through use or access of our Coaching Program make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the New South Wales courts. Although the Coaching Program may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these terms
26 Definitions
âAgreementâ means these Terms and Conditions.
âConfidential Informationâ means any personal or sensitive information (as defined in the Privacy Act 1988 (Cth)) or business information, including staff or system-related information, which is designated as confidential or would reasonably be considered confidential.
âIntellectual Property Rightsâ means all rights in trademarks, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered.
âMoral Rightsâ means any moral rights as defined in the Copyright Act 1968 (Cth).
âRestraint Areaâ means Australia, or if that is unenforceable, then the state of New South Wales.
âRestraint Periodâ means the Term of the Agreement and a period of 12 months following the Term if unenforceable, then 6 months, or if still unenforceable, then 3 months.
