Quantum Life Coaching Academy
Quantum Life Coaching Academy (ABN 61 462 688 542) (QLCA, we, us, ours) provides personal and business coaching through the delivery of online courses, workshops, seminars and events (Services). As part of the provision of the Services QLCA also provides access to support chat groups, commentary, tools, materials, resources and other information.
QLCA owns and operates the Quantum Life Coaching Academy website made available at https://www.qlcacademy.com/ together with any of our applications including online portals (together referred to as the Platform). QLCA offers the Services both online (through the Platform) and offline.
These Terms and Conditions govern QLCA’s provision of the Services (online and offline) and your use of the Platform.
1 Scope
1.1.We provide the Platform and the Services to you.
1.2.You can book any of our Services by:(a)placing an order on the Platform; (b)submitting an order form; and (c)making payment of any applicable fees. For the avoidance of doubt, our Services are not booked or confirmed until we have received full payment in respect of those Services. At our discretion, we may accept partial payment in respect of those Services.
1.3.We may refuse to accept your booking of the Services for any reason at our sole discretion.
1.4.We are not responsible for any communication, interaction or relationship between you and any other person on the Platform, whether or not it occurs on the Platform or by another means.
1.5.We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
1.6.We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions.
1.7.Nothing in these Terms and Conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and us.
2 Your Responsibilities
2.1.You must: (a)ensure that any information you provide to us is true, accurate and complete; (b)promptly follow all directions from us in respect to your conduct in connection with the Services; (c)familiarise and follow any of the policies published by us at all times in connection with provision of the Services; (d)at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation; (e)comply with all applicable laws and regulations when using the Platform and/or receiving the Services; and (f)bear all costs and expenses related to your use of the Platform and the Services.
2.2.You must not, in relation to your use of the Platform: (a)allow others to access or use your account (i.e. there is a limit of one person per account) or share your log in or password with others; (b)impersonate others; (c)use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; (d)post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities; (e)reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; or (f)except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re¬sell any information, content, software, or materials made available through the Platform.
2.3.You are solely responsible for all activities that occur on your account on the Platform. We will not be liable for any loss or damage arising from or related to activities on your account.
2.4.When you book the Services you may provide us with certain information about yourself. We will handle and store this information in accordance with our Privacy Policy available at the bottom of our website.
3 Payment
3.1.In consideration of provision of the Services you must pay us the fees set specified in the Platform or any application. We retain the right to vary our fees from time to time.
3.2.Unless stated otherwise, all fees are exclusive of GST and any other similar taxes or levies.
3.3.We will send you an invoice or payment confirmation when you pay the fees. Unless otherwise specified the invoice will be sent to the email address specified when you registered on the Platform or in your enrolment form.
3.4.Any fees paid are not refundable.
3.5.All fees and charges will be payable by you either as a one-off payment or on a periodic basis, depending on the Services and payment option you have selected.
3.6.If sufficient funds are not available at the time you are required to make payment, we reserve the right to charge you a late fee. This will also be considered a late payment and deemed a breach of contract and thus we have the right to suspend or terminate provision of the Services to you and your use of the Platform.
4 Changes and Cancellations
4.1.You have a cooling off period of 3 days. If you cancel our Service within 3 calendar days of booking by notifying us in writing that you wish to cancel, you will be entitled to a refund of any fees which you have paid to us.
4.2.If you cancel our Services after the cooling off period, you are not entitled to any refund of any fees paid to us.
4.3.If you cannot attend a specified training date, you are not entitled to a refund or to transfer the fees to another event.
4.4.We reserve the right to modify or vary our Services at any time at our sole discretion.
4.5.We reserve the right to postpone, cancel and/or vary the Services, or any part of the Services, to you by providing reasonable written notice to you.
5 Intellectual Property
5.1.You acknowledge that we retain exclusive ownership and control of the intellectual property rights in the Platform and any materials provided by us to you in connection with the Platform and the Services.
5.2.You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
6 Limitation of Liability and Indemnity
6.1.You acknowledge and agree that QLCA provides guidance, suggestions, tools and feedback to allow you to discuss, reflect and make decisions about the subject matter of the Services and That QLCA is not responsible for and has no liability to you in respect of the validation, implementation and operation of any of the outcomes arising from the provision of Services.
6.2.To the extent permitted by law we exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms and Conditions.
6.3.Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Platform and/or in our marketing material is provided without any guarantees, conditions or warranties as to its accuracy.
6.4.Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.
6.5.Subject to clause 6.4, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Services whether arising as a result of breach of contract, in tort (including negligence) or under statute and/or whether or not arising pursuant to an indemnity in these Terms and Conditions, is limited to us providing you with access to the Services again.
6.6.We are not liable to your (or any other person) for any indirect loss arising from a breach of these terms and conditions.
6.7.You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) (together, the Indemnified Persons) harmless against any loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Services, except to the extent such loss arises from our negligence or willful misconduct.
7 Disclaimers
7.1.While we take all due care in providing the Services, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
7.2.We take reasonable care in ensuring that any material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.
8 Linking
8.1.The Platform and the information we provide to you as part of the Services contains links to other websites, including the websites of third-party providers. These are provided for convenience only.
8.2.We have no control over or responsibility for anything on those websites.
8.3.Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).
8.4.We reserve the right to withdraw linking permission without notice.
9 Updates to Terms of Use
9.1.We may amend these Terms and Conditions at any time.
9.2.We will endeavour to notify you of any changes to these Terms and Conditions in writing.
9.3.If you continue to enjoy the benefit of the Services and/or access the Platform following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you should not use or access the Platform or enjoy the benefit of the Services.
10 Notices
10.1.Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the order form at the time of booking the Services and/or on the Platform. If you want to contact us about any aspect of these Terms and Conditions then please send email to [email protected]
11 General
11.1.Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these Terms and Conditions.
11.2.The rights and obligations in clauses 1, 2, 5, 6, 7,10 and 11 will survive the termination or expiry of these Terms and Conditions.
11.3.All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
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