DEFINITIONS

- "Effective Date": The date set forth by payment for a Service, or in the case of free offerings, the date of registration or acceptance of these terms.

- "Coach", "Company", "Ourselves", "We", "Our" and "Us": Andrea Matthies, ABN 20384009780, with principal place of business in Victoria, Australia.

- "Client", "You" and "Your": The individual or entity receiving any Service, whether paid or free.

- "Service(s)": Any paid or free offering provided by the Coach, including but not limited to:

- Digital products

- Online courses

- Workshops or events

- Newsletters

- Downloadable content

- Membership access

- Podcast episodes

- Video content

- Mentoring Services

- Coaching sessions

- Consultation services

- Free Discovery Calls

- "Mentoring Services": One-on-one coaching services delivered by the Coach, whether in person, online, or through any digital medium.

- "GST": Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

- "Content": Any material, information, or intellectual property provided by Us as part of the Services, including but not limited to written, audio, video, or digital materials.

- "Assets": Any content created during participation in our Services, including but not limited to voice recordings, video recordings, photographs, digital recordings, name, likeness, biographical information, opinions, and intellectual property of the Client.

- "User Content": Any content submitted, posted, or transmitted by the Client in connection with our Services, including but not limited to comments, reviews, testimonials, feedback, social media posts, form submissions, and communications with us or other clients.

- "Personal Information": Information or an opinion about an identified individual, or an individual who is reasonably identifiable, as defined by the Privacy Act 1988 (Cth).

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

By accessing or purchasing any of Our Services, You enter into a legally binding agreement ("Agreement") with Us, governed by these terms and conditions:

PAYMENT & REFUNDS

1. Payment Terms

a) You agree to pay the total amount for the Services as advertised at the time of this Agreement. All prices are in Australian Dollars (AUD) and exclude GST unless otherwise stated. Payment must be made through our approved payment processors, and all payment information is handled in accordance with our Privacy and Data Protection Policy.

2. Consumer Rights

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Client by the Australian Consumer Law (ACL). To the extent permitted by law, our liability for any breach of a consumer guarantee is limited to:

a) For Mentoring Services: resupply of the Services

b) For digital content or goods: replacement, repair, or refund at our discretion

3. Refund Policy

While we maintain a general no-refund policy for change of mind, refunds will be provided where required by the ACL, including:

a) Where Services are not delivered with due care

b) Where Services are not delivered within a reasonable time

4. Cancellations and No-Shows

You acknowledge that for scheduled Services:

a) No refund will be provided for any missed sessions or no-shows

b) For Mentoring Services, rescheduling requests must be made at least 24 hours before the scheduled Service via Our approved booking system or Company email

c) Any notifications within 24 hours are considered late cancellations.

d) Late cancellations will forfeit the session and/or Service and any payments made.

5. Digital Content and Downloads

For digital products and downloads:

a) Access will be provided within 24 hours of confirmed payment

b) No refund will be provided once digital content has been accessed or downloaded

c) Technical support will be provided if access issues occur within 7 days of purchase

6. Payment Plans and Subscriptions

Where payment plans are offered:

a) You agree to honour all instalments as scheduled

b) Early cancellation does not void the obligation to complete all payments

c) Failed payments may result in immediate Service suspension

d) A $40 administration fee applies to failed payments

7. Cooling-Off Period

For Services sold through unsolicited consumer agreements (as defined by the ACL), the Client has a 10-business-day cooling-off period. This does not apply to:

a) Services that have already commenced with the Client's consent

b) Digital products that have been accessed or downloaded

c) Personalised Services and Mentoring Services that cannot be resold

8. Price Changes

We reserve the right to modify Our prices at any time. Price changes will not affect existing confirmed bookings or purchases.

9. Termination

We reserve the right to terminate this Agreement and/or Our Services at any time. In the event of termination due to Your breach of this Agreement, You agree to pay the total cost of the Services, including any and all remaining or outstanding payments.

SCHEDULING AND CANCELLATION OF SERVICES

1. Scheduling One-on-one Coaching Sessions

You agree you are responsible for scheduling all Services through Our approved booking system, or any means agreed upon by Us. All times are in Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT) as applicable. You agree that all sessions will be scheduled according to the Coach's availability, as set by the Coach's online booking system schedule.

2. Cancellation of One-on-one Coaching Sessions by Coach

In the event We cancel a one-on-one Mentoring Services coaching session:

a) You will be notified as soon as practicable

b) You will be offered the choice of rescheduling or receiving a refund for the amount corresponding to that single coaching session.

3. Cancellation of Services by Coach

In the event We cancel a paid Service (excluding Mentoring Services):

a) You will be notified as soon as practicable

b) You will be offered the choice of rescheduling, crediting the amount paid for that Service to another Service or receiving a full refund

c) You are not obligated to make any remaining payments for any part of this Service not yet delivered to You.

4. Incidental Expenses

You acknowledge that We are not liable for any incidental expenses incurred by You as a result of any Services cancelled by Us.

FAIR PLAY & BEHAVIOUR

1. Client Conduct

You agree to:

a) Behave respectfully and professionally in all interactions

b) Use Services for their intended purpose

c) Not engage in harmful or disruptive behaviour

2. Communication Limits

You agree to adhere to fair play behaviour in all interactions in all Services. This includes sending only a reasonable amount of requests, messages, emails, voice notes or any other type of contact to Us, the Coach and others participating in the services, events, memberships, products or offers.

3. Breach Implications

We reserve the right to determine what is reasonable interaction and ignore, delete or block any excess, rude, phishing or other inappropriate support requests, messages, emails, voice notes or other content at any time, and remove this service from You without warning. All decisions made by Us on this are final.

4. Response Times

We reserve the right to respond to requests, messages, emails or voice notes in a time and method that is determined by Us, with no minimum or maximum turn-around time, method or commitment able to be enforced by You or by any contract.

5. Non-Disparagement

You agree to not take any action or make any statements, whether oral or in writing, that negatively impact Our business, services, products, or reputation.

DISCLAIMERS AND LIMITATIONS

1. Responsibility

You acknowledge and agree that the progress of developing Your skills and Your physical, mental, emotional and spiritual well-being are Your sole responsibility. You also acknowledge and agree that Your acts, choices and decisions are Your sole responsibility. You agree that our role in all Services is only to support, assist, and help You with the realisations for those acts, decisions and choices. We shall not be responsible for any acts, decisions, breaches or omissions that result or may result, either directly or indirectly, from any Services or information provided to You by Us.

2. No Professional Advice

You acknowledge that any Service or information provided to You by Us does not constitute professional medical, legal, financial, or mental health advice, and does not involve the diagnosis, prevention or treatment of any physical, mental or emotional disorders. You acknowledge that any Service or information provided to You by Us is not to be used as a substitute for professional advice, medical treatment, therapy, counselling, psychotherapy, mental health support, legal advice, business advice, financial advice, tax advice, or other professional advice. You acknowledge that We do not hold any license in order to provide these or related services to You, and You agree to seek appropriate professional advice for these matters.

3. No guarantees

You acknowledge that We make no guarantees regarding any Services or information provided to You by Us. You agree that:

a) the outcomes and results of Services may vary

b) any statements made by Us, whether orally or in writing, including without limitation the expected development of Your financial performance, other client testimonials, or Your expected personal outcomes, are speculative projections and are not binding on Us.

c) You are aware of the inherent risk of personal or financial losses associated with the activities related to Our Services and information and understand that any losses incurred by You following the Effective Date are Your responsibility alone.

4. Age Restrictions

You agree that You must be 18 years of age or older to participate in any of Our Services. You acknowledge that all Services provided by Us are intended for audiences aged at least 18 years of age or older, and You agree not to share or supply any information, products, documents or other associated materials provided to You as a part of the Services with anyone under the age of 18.

5. Limited Liability

To the extent permitted by law, You agree that We are not liable for the following as a result of receiving or engaging with any Services or information provided by Us:

a) Direct, indirect, incidental, special or consequential losses, injury or illness of any kind

b) Loss of profit, income, employment or opportunity

c) Technical issues beyond our control

d) Lost data, even if You have been advised of the possibility of such damages

e) Any loss of use, business interruption or costs of procurement of substitute goods or services

6. Release

You hereby release Us from any claims, damages or liability arising out of or in connection with Your participation or consumption of any Services or information provided by Us.

INTELLECTUAL PROPERTY:

1. Ownership

All Content provided through our Services remains our exclusive property or that of our licensors. This includes but is not limited to:

a) Written materials

b) Video content

c) Audio recordings

d) Worksheets and templates

e) Methodologies and processes

2. Licence to Use

Upon payment, you receive a limited, non-transferable, non-exclusive licence to use the Content for personal use only.

3. Restrictions

You agree to:

a) not share, copy, distribute, disseminate, or sell the Content

b) Modify or create derivative works of the Content

c) Use the Content for commercial purposes

d) Remove any copyright or proprietary notices from the Content

4. Breach

You understand and agree that a breach or threatened breach of confidentiality or intellectual property rights will cause irreparable injury to Us and that money damages will not provide an adequate remedy for such a breach or threatened breach. You agree that, in the event of such a breach or threatened breach, We will be entitled, without requirement of posting a bond or other security, to seek equitable relief, including injunctive relief and specific performance.

PARTICIPATION & CONTENT RIGHTS

1. Recording and Asset Creation

You acknowledge and agree that participation in our Services may involve the creation of Assets through:

a) Voice recordings

b) Video recordings

c) Photographic captures

d) Digital recordings

You acknowledge that the recording and creation of these Assets may include Your image, voice, name, likeness, biographical information, opinions and intellectual property.

2. Content Licence

By participating in our Services, You grant us irrevocable consent and the exclusive right to

a) create, record and edit all Assets

b) reproduce, recreate and reinterpret all Assets

c) store, use and exhibit all Assets

d) distribute and exploit all Assets

e) publish and promote all Assets

f) use all Assets in product, marketing and distribution materials.

3. Scope of Use

You agree this irrevocable consent and the exclusive right covers:

a) All Asset formats worldwide

b) Perpetual duration

c) Commercial and non-commercial use

d) Informational and promotional purposes

e) Advertising and marketing applications

f) Use in existing and future media and formats

f) Any and all other uses.

4. Ownership

You agree that:

a) All Assets are Our sole property

b) We maintain full creative control over the Assets

c) All recreations and reinterpretations of the Assets remain our property

d) All associated materials are our exclusive property.

USER CONTENT

1. Licence to Use Your Content

When you submit, provide, post or transmit User Content in connection with our Services, You grant Us the right to:

a) use and publish your User Content for marketing and promotional purposes

b) display it on our websites, social media and other associated platforms and mediums

c) include it in any materials associated with Our Services

d) edit, adapt or modify it for clarity or length

e) translate it into other languages or formats

f) adapt it to other formats and uses

g) use it in any existing and future media or formats

This licence is perpetual, worldwide, royalty-free, non-exclusive and continues even if you stop using our Services.

2. Your Responsibilities

You confirm that your User Content:

a) Is your own original content or you have permission to share it

b) Does not violate any third party's rights, including intellectual property rights.

c) Is truthful and not misleading

d) Does not contain inappropriate or harmful material

e) Is not defamatory, discriminatory, or illegal in any way

f) Complies with all applicable laws

4. Our Rights

We reserve the right to:

a) Choose whether to use your User Content

b) Remove your User Content at any time

c) Decline to post User Content that violates our standards

d) Sub-license these rights

e) Bring an action for infringement of these rights.

5. Legal Protection

You agree to protect us against any claims related to User Content You provide.

PRIVACY AND DATA PROTECTION POLICY

1. Collection of Information

We collect and use Personal Information in accordance with our Privacy Policy and the Australian Privacy Principles.

2. Use of Information

Personal Information is used to:

a) Deliver our Services

b) Communicate with You

c) Process payments

d) Comply with legal obligations

3. Security

We implement reasonable security measures to protect your Personal Information but cannot guarantee absolute security.

DISPUTE RESOLUTION, COSTS & GOVERNING LAW

1. Dispute Resolution Process

Any dispute arising under this Agreement will be resolved through:

a) Initial informal discussion

b) Mediation via a mediator, arbitrator or online mediation service agreed upon by both parties in Victoria, Australia

c) Victorian Civil and Administrative Tribunal (VCAT) if required

Both parties agree that good faith participation in mediation or arbitration is a condition precedent to pursuing any other available legal remedies.

2. Governing Law

This Agreement shall be governed and construed in accordance with the applicable federal laws of Australia and the laws of the State of Victoria. You agree that the venue for any court proceedings arising out of this Agreement shall be in the State of Victoria, Australia.

3. Costs

You agree that the successful party to any dispute resolution arising under this Agreement will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.

CHANGES TO TERMS

We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our Services constitutes acceptance of modified terms.

Last Updated: 18 February 2025