Terms and Conditions

1. Parties

This agreement is between:

a)    Oceans of Honey Pty Ltd (ABN 12960199199) trading as Julie Tenner (“the coach”) and

b)    Any individual or organisation (“the client”) and constitute the contract for the service to be provided by Julie Tenner for the client.

 

The term ‘coaching’ as here used covers life coaching, personal coaching, personal development, trauma recovery, executive coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others.

Services as used here covers all offerings of programs, courses, virtual events, live events, workshops and coaching.

2. Term

This agreement commences on the date that it is accepted by you and will remain in force during the provision of the services, unless extended by agreement or terminated earlier.

All sessions and reschedules are made through the third party app “Acuity Scheduling” by the client.

The coaching schedule will be arranged between the Coach and the client and can be booked up to 3 months in advance. Julie will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

Where no specific number is agreed, sessions will be provided on a session by session basis.

In return for the fees payable by the client (or by a third party on their behalf), Julie agrees to provide the services purchased by the client in accordance with the terms and conditions here described. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

 

3. Services

The specific services Julie will provide to you are fully described on the product/service sales page The Client purchased from.

 

4. Client Responsibilities

The specific client responsibilities for maximum results are described by Julie on the product/service sales page you purchased from, as well as additionally discussed during sessions and programs.

 

5. Investment

Julie’s current fees are stipulated on the website and made clear at the time of booking. In consideration for the provision of the Services, you agree to pay us the Fees set out on the website at the time of booking.

Julie reserves the right to change these from time to time. Any payments for sessions paid in advance are honoured even if prices have risen between the point of booking and the time of session.

 

6. Payment Terms

6a) You agree to pay the Fees in advance by debit or credit card or via Paypal, in accordance with the Payment Terms as set out in the website sales page the client purchased from and in such manner as reasonably directed by us.

If you fail to pay the Fees as set out in this clause (including an agreed payment plan with The Coach) we may charge default interest at a rate of 5% per annum on all outstanding amounts from the due date up to and including the day that payment is made and suspend delivery of the Services to you until the Fees (plus any interest and costs charged under this clause) are paid.

Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.

If any amounts remain outstanding for more than 60 days, we may refer the matter to a debt collection agency or solicitor and you will be liable to pay any costs we incur or become liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.

6b) Payment Plans

If a payment plan has been agreed to between The Coach and The Client and the payment terms have not been complied with, in addition to The Coaches rights under Clause 6a, if the payment remains outstanding after 30 days, The Coach can restrict and/or terminate access to the Services.

 

7. Postponements

For individual coaching, if you need to postpone or reschedule a session, you must use the online booking / scheduling system provided at least 48 hours prior to the scheduled session time. Rescheduling is subject to our availability. Sessions must be rescheduled within 1 month of the original scheduled time. Failure to provide sufficient notice or to reschedule within 1 month of the original session will result in forfeiture of the session.

 

8. Cancellation and Refund Policy

For a refund to be considered on a 12-month service, the following applies:

a)    The client must participate in at lease 4 months of the service

b)   If during this 4 month period, if The Client feels dissatisfied with the service The Client must open communications with The Coach via email, outlining the reasons that are of concern to The Client

c)    The Client agrees to work with The Coach and participate in a period of service alterations (2 month period) made to meet The Client’s specific needs

 

Where a service has been fully provided, refunds are not available.

Once the session, workshop, event, course or program has taken place, refunds are not available.  

If you choose to withdraw from a service once it has commenced, you will be entitled to a refund equal to the balance of the service remaining, less an administration fee, as follows.

Administration Fee $350 per Service.

 

Notice of cancellation

All notice of cancellation must be in writing and delivered by email to hello@julietenner.love. Cancellation notice will be deemed on the date in which the cancellation is received by Julie Tenner. No refunds, credits or transfers available for no-shows.

You may only cancel or postpone any other session time if you submit a cancellation or postponement request to us using our online booking/scheduling system (or otherwise in writing by email) at least 48 hours prior to the appointment. In the case of cancellations, we will refund any Fees paid in advance for Services not delivered. 

Of course, we understand that life gets in the way and so if you have special circumstances that mean you would like to cease or pause working together, we may in our absolute discretion agree to cease or pause our arrangements in such circumstances.

Nothing in this clause is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.

 

Suspending Membership

Is not possible after your program is in progress.

 

Cancelling prior to commencement

If The Client cancels services prior to the commencement of those service, The Coach agrees to refund any payments made by The Client, less a $50 administration fee.

 

9. Program Changes

The Coach reserves the right to change, modify or cancel any programs as considered necessary.

 

10. Indemnity

You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions.

 

11. Intellectual Property

We own the intellectual property in all coaching and training materials and the material on our website and grant no licence with respect to our intellectual property.  It is retained for our exclusive use.

All material relating to the Program is subject to copyright and other intellectual property rights. All materials may not be recorded, used or reproduced without the written permission of the owner.

You are not permitted to make any audio-visual recording of any Services (including still photography) without our express permission, which may be subject to further agreement and fees.

 

12. Variations

Any variations to this agreement may only be made in writing and agreed to by both parties. Any variations requested by you, including variations to scope, date and time of the Services may be refused by us or permitted at extra charge (see also our Cancellation and Refund Policy above).

 

 13. Confidentiality

It’s likely that while we’re working together, we may disclose Confidential Information to each other. We each undertake to keep such Confidential Information private (except as authorised by the other party or as required by law) and take reasonable measures to protect its confidentiality. This clause survives termination of this agreement.

 

Data Security

You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, social media, Voxer, Zoom and any other technology.

 

14. Testimonials

If you provide us with a testimonial (in writing or verbally, such as in a session), you agree that we may share your testimonial to promote our Services. We will anonymise the testimonial, unless we have your express consent to share your name and/or photograph (unless you have provided a testimonial on a public platform, such as Facebook, in which case you consent to us sharing the content of your testimonial, including your Facebook profile name and picture).

 

 15. Advice & Information 

Please note that we provide coaching, mentoring & general information only. Our Services should not be taken as, or substituted for, professional financial, legal, taxation or medical advice. We recommend you seek out personalised advice in these areas according to your needs.

 

16. Guarantees

You may be entitled to guarantees in relation to our Services pursuant to the Australian Consumer Law. Other than those guarantees, we specifically exclude any other guarantee in relation to our Services.

Coaching and mindset work can help to develop long term growth and success. However, please note that individual results will vary - much depends on you, as you are ultimately and solely responsible for your actions and results.

We do not warrant or guarantee specific outcomes. While we may discuss strategic goals with you, we do not warrant or guarantee that such goals will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results. You agree that you have not relied on any warranty, guarantee or representation given by us in entering into this agreement.

Failure to achieve results alone will not give rise to a right to terminate this agreement.

 

17. Responsibility

Julie will do everything possible to support you in achieving your own results and desired outcomes.

You are responsible for the cause of all change in your life.

Julie will work with you to identify solutions and offer suggestions, options and advise based on her own personal experience, training and the information appropriate.

You accept full responsibility for all decisions and courses of action.

 

 18. Limitation of Liability

Nothing in this agreement is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.

Where our Services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest extent permissible by law, including by limiting our liability under section 64A of the Australian Consumer Law to providing the Services again or paying for the Services to be provided again. We specifically exclude liability for negligence. To the maximum extent permissible by law, we exclude liability for consequential loss or damage, including loss of business profits.

Otherwise, we exclude all liability to you (including for negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against us relating to the provision of the Services, however arising.

 

 19. General

a)    Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.

b)    We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the Services, provided always that we will remain the head contractor and will be responsible for the delivery of the Services in accordance with this agreement.

c)    This agreement is the entire agreement and understanding between the parties on everything connected with the Services, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the Services.

d)    If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.

e)    Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

f)     The law of Victoria governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

g)    A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:

i.               delivered personally;

ii.              posted to their address, when it will be treated as having been received on the second Business Day after posting; or

iii.            sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

 

20. Definitions

In this agreement:

a)    Agreement means this agreement between us and the Client.

b)   Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

c)    Business Day means a day on which banks are open for business in Melbourne, other than a Saturday, Sunday or public holiday.

d)   Confidential Information refers to any data or information relating to us or the Client, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to the disclosing party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to us or the Client, and includes the terms of this agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).

e)    Intellectual Property means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.

f)     Nominated Account means our account with details as stated in our invoice.

g)   Services means the services set out in our Proposal.

 

21. Interpretation

In the interpretation of this agreement:

a)    References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

b)    Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

c)    Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement;

d)    Grammatical forms of defined words or phrases have corresponding meanings;

e)    Parties must perform their obligations on the dates and times fixed by reference to Melbourne, Victoria, Australia;

f)     Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

g)    If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;

h)    References to a party are intended to bind their executors, administrators and permitted transferees; and

i)     Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

 

22. Acceptance

You will be taken to have accepted the offer contained in this agreement upon electronically accepting the Terms and Conditions when purchasing one of the services, as detailed on Julie Tenner’s website.