Last updated: 5 December 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", "Client") and Envisage Australia Pty Ltd ATF Malouf Family Trust (ABN 11 331 804 705) trading as Wisdom Coaching ("we", "us", "our", "Company").
By accessing or using our business coaching platform (the "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
These Terms are governed by the laws of the State of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland.
In these Terms:
To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a binding contract. If you are registering on behalf of a business, you represent that you have authority to bind that business to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other security breach.
You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.
The Coaching Services are designed to provide business guidance, strategic planning support, accountability, and professional development. Coaching is not therapy, counselling, or professional consulting in areas such as law, accounting, or financial planning.
While we strive to provide valuable coaching and support, we make no guarantees regarding specific business outcomes, financial results, or success. Results depend on many factors including your own effort, decisions, market conditions, and circumstances beyond our control.
You agree to:
Coaching sessions cancelled with less than 24 hours' notice may be forfeited or subject to a cancellation fee, as specified in your Subscription agreement. We will endeavour to reschedule sessions where reasonable notice is provided.
Access to the Platform and Coaching Services requires a paid Subscription. Current fees are displayed on our website or will be communicated to you directly. All fees are in Australian Dollars (AUD) unless otherwise specified.
Payments are processed securely via Stripe. By providing payment information, you authorise us to charge your nominated payment method for all fees due. You are responsible for keeping your payment information current.
All fees are exclusive of GST unless otherwise stated. GST will be added at the applicable rate where required under Australian law.
If payment fails, we may suspend your access to the Platform until payment is received. We will attempt to notify you of failed payments and provide an opportunity to update your payment method.
Refunds are provided in accordance with Australian Consumer Law. If you are not satisfied with our services, please contact us within 14 days to discuss your concerns. Refunds for prepaid Subscription periods may be prorated at our discretion.
All Intellectual Property in the Platform, including but not limited to software, designs, text, graphics, logos, and methodologies, is owned by or licensed to us. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.
You retain ownership of your User Data. By submitting User Data to the Platform, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, and process your User Data solely for the purpose of providing the Platform and Coaching Services to you.
If you provide us with feedback, suggestions, or ideas regarding the Platform, you grant us the right to use such feedback without restriction or compensation to you.
We will keep your business information confidential and will not disclose it to third parties except as required to provide the Services, with your consent, or as required by law.
You agree to keep confidential any proprietary information, methodologies, tools, or materials we provide to you through the Coaching Services and not to share them with third parties without our prior written consent.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or rightfully received from third parties without restriction.
You agree not to:
The Platform may integrate with third-party services such as Xero. Your use of such integrations is subject to the terms and privacy policies of those third parties. We are not responsible for third-party services or any data you share with them.
The Platform may contain links to third-party websites. We do not control and are not responsible for the content or practices of such websites.
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and receive a refund, or compensation for the reduced value of the services.
To the maximum extent permitted by law, we exclude all liability for:
The Coaching Services do not constitute legal, financial, accounting, or tax advice. You should seek independent professional advice for such matters. We are not liable for any decisions you make based on coaching discussions or Platform content.
You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Platform, your breach of these Terms, or your violation of any rights of a third party.
You may terminate your account at any time by contacting us or through your account settings. Upon termination, your access to the Platform will cease, but you remain liable for any outstanding fees.
We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. We may also terminate your account with 30 days' notice for any reason.
Upon termination, your right to use the Platform ceases immediately. We will retain your data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination will remain in effect.
Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve any dispute informally. Most concerns can be quickly resolved this way.
If informal resolution fails, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or similar body) in Brisbane, Queensland, before pursuing litigation.
These Terms are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland for any legal proceedings.
These Terms, together with our Privacy Policy and any Subscription agreement, constitute the entire agreement between you and us regarding the Platform.
We may amend these Terms at any time by posting the amended version on the Platform. Material changes will be notified via email or Platform notification. Your continued use after such notice constitutes acceptance of the amended Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.
If you have any questions about these Terms, please contact us:
Envisage Australia Pty Ltd ATF Malouf Family Trust
Trading as Wisdom Coaching
ABN: 11 331 804 705
Email: support@wisdombi.ai