Terms and Conditions
Effective Date: 10/08/20
Welcome to The Butterfly Effect Coaching & Consulting www.thebutterflyeffect.net.au (our Site).
This Site is owned and operated by The Butterfly Effect Coaching & Consulting (ABN 63 251 641 149) The site gives you the opportunity to browse and purchase products and services designed for maximising your mindset.
The term ‘The Butterfly Effect Coaching and Consulting’ or ‘The Butterfly Effect’ or ‘us’ or ‘our’ or ‘we’ refers to The Butterfly Effect Coaching and Consulting, whose registered office is at 13 Brian Court, Mount Eliza, Victoria.
These Terms and Conditions (Terms) govern your use of this Site, as well as our products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact us at firstname.lastname@example.org if you have any questions before purchasing our products or engaging our services.
Our products and services are for people aged 18 and over. The Butterfly Effect has no liability if people under the age of 18 access the content on this website.
Coaching is not a substitute for psychological counselling and you accept that the coach is not a clinician and cannot diagnose or treat conditions. The client is required to disclose any prior or current diagnoses as well as any medication they are taking that may impact coaching.
THIRD PARTY LINKS
Certain content, products and Services available via our Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our website will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our Site is not available for any reason, and we shall have no obligation to you to make sure that our Site is available to you at any time.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
These terms constitute the entire agreement between the parties in respect of this subject matter.
When you use our website or services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ACCEPTANCE OF TERMS
- By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchase tickets to our events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
- We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the site will constitute your acceptance of any changes. If you object to any changes to the Terms, you may contact us at email@example.com and immediately discontinue your use of the products and/or services.
- All our consulting products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
- We provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation. We take nor accept any liability for the actions you take through the use of our guidance.
- Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. Your future success cannot be guaranteed based on others past success.
- You acknowledge and agree that The Butterfly Effect Coaching & Consulting its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your use of the website, trainings or programmes contained herein.
- Every attempt is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
SERVICE & LIABILITY
We promises that we:
- will exercise reasonable care and skill in performing our obligations;
- we will not contravene the requirements of fairness or professional diligence
- We are always liable for: (a) death and personal injury caused by our negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself.
- Other than as set out in section above, we are not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
The Butterfly Effect makes no representations or warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of the website or amplifier’s service is at your sole risk.
To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of any third party and manufacturability and fitness for a particular purpose.
The Butterfly Effect does not warrant that the services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the services offered, servers or electronic communications sent from us are free of viruses or other harmful components. To the full extent permissible by law, we will not be liable for any damages of any kind arising from the use of any services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any service, including, but not limited to direct, indirect, incidental, punitive , and consequential damages, unless otherwise specified in writing.
If you breach these Terms of Sale and The Butterfly Effect takes no action against you this does not mean that we have waived our rights and remedies with regard to your breach. We may still take action or exercise our rights and remedies for that action, or any other situation, where you breach your obligations under these Terms.
Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to us for the purpose of legal process) or by pre-paid post. Any notice we sends to you will be to the address you supplied to us when you registered for your account. You can send any notice to us at the registered office address as set out above.
If any provision of these Terms should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
These Terms are governed and interpreted by the laws of Victoria, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Victoria.
We may have to cancel an order before the goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.
No waiver by us of any breach of yours under these Terms shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms.
Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
All provisions of these Terms of Sale apply equally to and are for the benefit of The Butterfly Effect, its subsidiaries, any holding companies of The Butterfly Effect , its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Victorian law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Victoria.
In any event, the provisions of the above, shall survive termination of the our agreement.
When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or The Butterfly Effect community any of the following:
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
- Any material, non-public information about companies without authorisation to do so.
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
- Our Site is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
- Whilst using this Site and/or The Butterfly Effect group community, we request that you not:
- Contact anyone who has asked not to be contacted.
- Collect personal data about other users for commercial or unlawful purposes.
- Infringe other user’s privacy rights.
- Violate the intellectual property of others.
- Post anything that contains software viruses, worms or any other harmful code; or
- Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
RIGHT TO SUSPEND, TERMINATE AND REFUND
- We reserve the right to suspend or terminate your use of the Site, ‘The Butterfly Effect Coaching & Consulting’ or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
- Refunds are not provided for our online products and/or services, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth). Fees and charges for coaching services are provided to you by The Butterfly Effect based on your individual programme requirements. Cancellation of any scheduled coaching session with less than 24 hours’ notice will incur full fee or forfeiture of that session. All purchases are final. We do not refund for change of mind.
- For individual 1-1 coaching, the company has a 24 hour cancellation policy. You are welcome to reschedule in advance of the 24 hour required notice period by either emailing firstname.lastname@example.org or accessing your appointment through calendly. If you provide less than 24 hours’ notice, or forget a scheduled appointment it will be deemed as counting towards your coaching programme
- Invoices for any program are automatically generated and can be requested at any time by emailing email@example.com
- Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
- If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
- Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
- We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
- We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
- We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
- In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
- From time to time, The Butterfly Effect Coaching & Consulting may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
- Events beyond our reasonable control: We shall not be liable for any breach of our obligations where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your, if possible.