TERMS AND CONDITIONS

These Terms and Conditions (Terms) apply to the client using our Services and Courses. In using the Services and signing up for any Course, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.

DEFINITIONS

Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, financial information, business information, and information provided by you or other participants as part of the Services.

Courses means any online courses that may be offered from time to time via our Website.

Materials means templates, ebooks, literature, workbooks, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you.

Minimum Period means a full twelve (12) weeks period as required to complete a course.

Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).

Services means the individual coaching services which may include virtual coaching calls, group discussion platforms, resources and other tools, Materials, including any online Courses and related services provided by us,and as agreed from time to time.

We, Our and Us means Angela Moroney, Arbport Pty Ltd t/a Your Landscape Journey (ABN 97 003 499 438) including all employees, contractors and affiliates.

Website means www.yourlandscapejourney.com.

You means the client using the Services.

HOW IT WORKS

We provide one-on-one and group mentoring and coaching services in landscape design, construction, horticulture, and general business operations. Our goal is to support business owners in the landscape industry in enhancing their skills and understanding how to improve their business results. We discuss your career and other goals and help you to work on a plan to best achieve these goals.

We will work through training sessions, workbooks, and online courses to help you progress your business and to move ahead in your business goals.

From time to time we may offer Do It Yourself (‘DIY’) Courses available on our website on various topics and subjects related to our Services.


OUR SERVICES

We will provide our Services to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.

We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.

Any specific terms and requirements relating to the Services must be notified to us in advance and agreed in writing.

In order to receive benefit from the Services, you understand and agree to commit to the full number of sessions for any package signed up for (Minimum Period). The Minimum Period is to give you, the Client, time to implement the recommendations and to gain benefit from the implementation.

Services may be provided face-to-face or via web-based means or as otherwise agreed from time to time. You are responsible for ensuring that you have the appropriate facilities to access and participate in the Services.


OUR COURSES

We offer a number of Courses from time to time, with tutorials, audio and other guidance to provide tools to assist you with achieving your goals. Some of our Courses offer live one-on-one sessions while others involve digital access to DIY course content.

In addition, some of our Courses, where indicated on our website, include time limits for completion.

Refunds and Cooling Off: Where you have chosen to pay in full in advance for any Course you have 3 days prior to access of any materials and the Course to change your mind and receive a full refund (‘Cooling Off Period’). We do not permit any other cancellation at any time as you will receive Course content immediately upon any payment.
Where you have chosen to make instalment payments for any Course, you are still required to make all payments as agreed, for the full Course. If we do not receive an instalment payment (‘Default Payment’), we may, in our sole discretion, stop access to the Course and all content, stop providing all Services and seek payment for any outstanding payments. All payments become immediately due and payable upon any Default Payment and you will be responsible for additional costs associated with collection of such outstanding payments.


COPYRIGHT IN OUR COURSE CONTENT (‘Content’)

You may not share, copy or redistribute any of our Content in any medium or format at any time. Our Content is for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, transforming or building upon the material in whole or any part thereof. For any other use or distribution, you must have the express written consent from [insert business name or website].

LICENCE TERMS (‘Licence’)

Upon acceptance of these Terms we hereby grant you a non-exclusive, non-transferable, limited licence to access our Content in our Courses.

Our Content may only be used for your own individual, personal, non-commercial use.

You may view, browse and search our Content but may not store, download, print, or otherwise copy and retain any of our Content. In particular, you agree not to:

a. copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Content;
b. print or copy all or part of the Content, save onto a memory storage facility of any computer;
c. share, sell, licence or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, licence or distribution;
d. store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of any access to know-how; and
e. in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.


Any unauthorized use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

We will provide access to the Content in accordance with any time limitations posted on our website sales page with the Course, unless or until we cease business.


SESSION CANCELLATIONS

If you are unable to attend or wish to reschedule an appointment, you must notify us at least 24 hours before the appointment so that we can offer the session time to another client. If you do not give us at least 24 hours’ notice to cancel or reschedule an appointment, the session may be forfeited and not rescheduled in our sole discretion.

If you are late to an appointment, your session will finish at the scheduled time in order to avoid negatively impacting the sessions following yours. You will also be charged the full amount for the session.

If you fail to attend a scheduled appointment, you will be charged the full fee for the unattended session.

If we are late to an appointment, you will still receive a full session or an alternative arrangement agreed between us and you.

PAYMENT

We require payment in advance for all of our Services and Courses.

As we have a limited number of spaces available in our Courses, we offer a refund only during the three (3) days after payment (‘Cooling Off Period’) if you change your mind. After this time, we do not offer any refunds apart from any statutory rights to refunds you may have under Australian Consumer Law. Any other refund is in our sole discretion.

Where we offer instalment payments for some of our Services or Courses, you agree you are responsible for full payment of all instalments should you cancel or terminate after the Cooling Off Period.

By providing us with your payment and credit card details, you authorise payment for the Services. In the event that you have chosen payments to be made on a recurring basis, you hereby authorise such payments to be deducted by us until the full payment has been made under these Terms.

All sessions and Services are non-transferrable. In addition, no sessions may include or be attended by any other person unless agreed in advance by both parties.

In the event that we fail to receive payment of any fees, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and may terminate the engagement immediately without notice.

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.


GROUP FORUM RULES

In using our Services and participating in any group sessions or forums on our social media channels, you agree to the following:

(a) Any recommendations, comments, information, experiences or other discussions you may participate in (Comments) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally.

(b) Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken.

(c) Comments are not permitted that:

• use aggressive, rude or offensive language;

• encourage illegal intent including false claims, defamation, harassment, fraud and collusion;

• solicit business;

• are abusive or malicious against or may offend any other participant, our staff or any third party;

• are objectionable or rude; or

• may be considered bullying behaviour.

(d) The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner.

(e) You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Terms.

(f) Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act any such information at your own risk and need to make your own enquiries before taking any action related to any Comment.

(g) Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.

CONFIDENTIALITY

The Coach agrees that they will:

(a) keep confidential and secure;

(b) not use directly or indirectly; and

(c) not disclose directly or indirectly,

all Confidential Information provided under these Terms or as part of the Services except:

i. as required by law or any regulatory authority;

ii. with the express written consent of the Client.

We will not at any time disclose or allow access by any person or third party to any of the Confidential Information, unless the disclosure or access is required to perform the Services in which case we will ensure that the person or third party are under the same duty of confidentiality as we are under these Terms.

We will store all Confidential Information in encrypted storage media and only transfer all such information over encrypted communications.

These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.


WARRANTIES, CANCELLATION AND REFUND

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services and Courses which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.

We represent and warrant that:

(a) in providing the Services and Courses, we will comply with all applicable laws and industry standards;

(b) the Services will be provided to a high standard in accordance with best practice; and

(c) the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

Prepaid Courses: You acknowledge and agree that during any Cooling Off Period, you may request a refund in writing including reasons for this request. Any cancellation of any Course after this time will result in all outstanding payments becoming immediately due and payable.

We do not provide a refund for Services that have been provided.

Any other refund is in our sole discretion.

DISCLAIMERS FOR SERVICES AND COURSES

No guarantee of results for Services

You acknowledge and agree that:

(a) results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control;

(b) we cannot and do not guarantee any particular or any results including but not limited to any increase or improvement in business, income, performance, productivity, employment, relationships, or success;

(c) you are solely responsible for your own progress;

(d) if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address the concerns and assist you. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance.

Course and Services Content Disclaimer:

We are only providing you with facts, information, insights and educational material to assist your life, mindset, goals and business. Our Services and our Courses do not constitute and should not be treated as formal advice, including financial advice or legal advice. At no time do we warrant or guarantee any results and you need to make your own enquiries and analysis, including seeking advice from a qualified professional, to determine if any of the information is suitable for your own particular purposes or situation.

Material and information in our Courses is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness is not warranted nor do we accept responsibility for any negligence, errors or omissions. You use of the information is entirely at your own risk as we cannot control how you may use or interpret it, and any reliance on the information should be your own decision or done with the help of a professional advisor.

DISPUTES

If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

INTELLECTUAL PROPERTY

We may provide you with Materials from time to time during and to enable the provision of the Services and our Courses. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission. For clarity, you may not download, share, modify, reproduce or use our Materials for commercial use at any time.


TERMINATION

If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly.

We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.

In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.

LIMITATION OF LIABILITY AND INDEMNITY

We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services or our Courses. You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

You acknowledge and agree that you use the Services and our Courses at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services or Courses, including but not limited to any third-party claims. In particular, you acknowledge that the Services and Courses are provided as a guide for your personal and professional development. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services or purchasing our Courses, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions.

In any case, our liability is limited at all times to the amount of the last Services or Course fees paid by you.

GOVERNING LAW

This Agreement is governed by the laws from time to time in force in the State of Western Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.


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