Coaching Container Terms + Conditions

Container Terms & Conditions

 

​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and This is Co. Pty Ltd (“Company”, “we”, or “us”). 

 

Container

 

The Company agrees to provide you with a dedicated coaching period/container”(“Container”). As a condition of participating in the Container, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

Terms of Use, Privacy Policy, & Disclaimer

 

The Company’s Terms of Use, Privacy Policy, and Disclaimer available on https://www.thisisco.com.au are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Container. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

 

Nature of The Relationship

 

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Container, which provides education and information. 

 

Fees

 

In consideration of Your access to the Container, you agree to pay the fees outlined on the checkout page and/or in your invoice. You hereby agree to remit the Company this payment on booking of this Container. 

 

Refund Policy

 

All sales are final, and the Company does not offer any money-back guarantees on coaching. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

 

If for any reason it is mutually decided the coaching container or relationship is not a good fit, a pro-rata refund may be arranged. 

 

The Container 

 

The Container will container the inclusions outlined on the checkout page, and support within the container to you will be driven by your individual circumstances that you personally bring to the space.

 

Advice of a general nature will be provided to you within the Container based on your questions. 

 

Ownership Of All Intellectual Property

 

All content included as part of the Container, such as resources, systems, strategies, templates, PDFs, text, graphics, logos, images, as well as the compilation thereof, and any software used in the Container, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

 

Your participation in the Container does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Container, You agree to observe and abide by all copyright and other intellectual property protection.

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Container content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Container. 

 

Confidentiality

 

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Container, you hereby agree to respect the Company’s confidential information. 

 

Specifically, you shall not share the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Container with anyone other than the Company, its owners and employees, and other Container participants. 

 

Personal Responsibility

 

By participating in the Container, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Container or not. The Company provides educational and informational resources and advice that is intended to help participants in the Container succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

 

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Container are no guarantee that you or any other person or entity will be able to obtain similar results.

 

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Container. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Container.

 

No Warranties

 

The Company makes no warranties regarding the performance or operation of the Container, including any technological aspects of the Container. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, Containers, products, books, or services included in or through the Container. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

 

Limitation of Liability

 

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Container and/or any information and resources contained in the Container. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Container.

 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Container, with the delay or inability to use the Container or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Container, or otherwise arising out of the use of the Container, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Container or any portion of it, your sole and exclusive remedy is to discontinue using the Container.

 

Dispute Resolution

 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Darwin, Australia. 

 

Indemnification

 

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Container and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

Termination And Access Restriction

 

The Company reserves the right, in its sole discretion, to terminate your access to the Container and the related services or any portion thereof at any time, if You become disruptive to the Company or other Container participants, if You fail to follow the Container guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

Entire Agreement​

 

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Container, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Container. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Severability 

 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Waiver

 

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Force Majeure

 

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Effective Date

 

This Agreement shall commence and be enforceable with respect to each Container participant upon the date that the participant initially registers for the Container.

 

Contact Us

 

The Company welcomes your questions or comments regarding the Terms:

 

This is Co. PTY LTD

PO BOX 508

Redcliffe

Australia 4020 

 

Email Address: [email protected]

 

Last updated as of 31st July 2023