Product Agreement for Online Courses, Training and Coaching
Richard Moore and PSYCoaching PTY LTD (herein referred to as ”Richard Moore”, “Me”, “I”, “They”, “Them”, “Him”, or “Us”)provide online coaching, training and courses subject to the terms and conditions of this Product Agreement.
This agreement does not pertain to psychological therapy or counselling services.
By registering to attend or otherwise participating in any online training or course provided by me, you acknowledge that you have read, understood and agree to:
- This Product Agreement;
This Product Agreement may be amended by me from time to time. The most up-to-date Product Agreement will always be published on my website. You should check the website regularly to take note of any changes.
- You understand that:
- Payment for a course allows for participation by up to one participant aged over 18 years, as nominated by you, per program. Participation by web developers, psychologists, marketing consultants, coaches, third party contractors or any other person deemed inappropriate by Richard Moore (in his absolute discretion) is prohibited.
- Richard Moore does not warrant or make any representations or guarantees regarding participant outcomes or success levels following participation in any courses, programs or training. The information provided is general in nature and is not tailored to your specific situation. You accept all responsibility for evaluating your potential benefits of any online course or training as well as executing any strategies provided, which must be used at your discretion. You acknowledge that your potential is dependent on your own situation, ideas, techniques, lifestyle, habits, behaviours, execution of strategies, the time you devote to the program, ideas and techniques offered and utilised, as well as your individual finances, background, knowledge and skill.
Information Provided During a Course
- You understand that participation in a training or course is not a substitute for psychological counselling or therapy.
- The training provided by Richard Moore is for educational purposes only. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute psychological intervention. If you are experiencing psychological distress you should consult with a GP, psychologist, psychiatrist or qualified counsellor before commencing my online training or course.
Liability and Indemnities
- You agree that Richard Moore,PSYCoaching PTY LTD, their employees, contractors, agents and representatives (indemnified officers) are in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the training and courses, and you hereby agree to irrevocably and forever release, indemnify and hold harmless Richard Moore / PSYCoaching and their indemnified officers from any and all claims that you have now or may have in the future against them arising out of or in connection with participation in the training and courses. Additionally, Richard Moore / PSYCoaching (and their indemnified officers) are not in any way responsible for any loss or damage of my personal property.
- Any conditions, rights, warranties or guarantees implied by law into this Product Agreement are expressly excluded to the fullest extent permitted by law, but nothing in this Product Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010(Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
- If the Australian Consumer Law applies to any of the goods or services provided to you under this Product Agreement, my/our total liability (whether actual or prospective) for loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at my election):
- in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
- in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
- To the extent permitted by law:
- Richard Moore / PSYCoaching (and their indemnified officers) excludes Liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training and courses provided by Richard Moore; and
- Richard Moore’s / PSYCoaching’s total Liability and the total Liability of their indemnified officers in connection with this Product Agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid for the product to which your claim relates.
Testimonials and Photographs
- During a live online course you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.
- Richard Moore / PSYCoaching (and their indemnified officers) may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded.
- Richard Moore / PSYCoaching (and their indemnified officers) may ask for feedback or a non-clinical testimonial from you, to be used in improving future courses and / or in marketing materials published by Richard Moore. You reserve the right to say no.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
- Richard Moore / PSYCoaching (and their indemnified officers) reserve all rights in relation to intellectual property created and used by him in training and courses and in any information or documentation provided during training and courses. Richard Moore has taken reasonable care to ensure that he has permission to use the intellectual property of others. Misuse of any intellectual property of Richard Moore / PSYCoaching (including distributing, modifying, transmitting, reproducing or using the content without prior consent) is strictly prohibited.
- You agree to keep confidential all information disclosed by or on behalf of Richard Moore / PSYCoaching (and their indemnified officers) and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser’s consent or to the extent required by law.
- You agree that your obligations relating to intellectual property and confidential information continue after your engagement of Richard Moore / PSYCoaching ceases.
- Richard Moore / PSYCoaching provide some training and courses for a fee and other training and courses for free. If there is a fee payable for a course you will be notified in advance.
- Where Richard Moore / PSYCoachingprovides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Product Agreement.
- Richard Moore/ PSYCoachinguse third party gateways, such as Stripe, to process payments for purchases made on his website. Your use of those third party services is subject to those third parties’ terms.
- Unless otherwise expressly stated in writing, all amounts are inclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.
- You represent and warrant that all details you provide to us for the purpose of purchasing the course, program or training from me will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
- If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course before the course commences or within a reasonable timeframe thereafter, Richard Moore may refuse you entry or otherwise exclude you from any training and courses in the future.
- Richard Moore / PSYCoaching only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of my products prior to making a purchase. Richard Moore / PSYCoaching do not offer refunds or exchanges for change of mind.
- Where stated, we may offer a partial or full refund where you have completed the workbook within 14 days of the date of purchase of a course or training that includes a supplied workbook. Evidence of completion of the workbook within this timeframe must be supplied. Note that this does not apply to courses without a workbook or courses for which the entire course fee is under $100AUD.
- In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.
- This Product Agreement is governed by the laws of Queensland and the Laws of the Commonwealth of Australia.
- If any portion of this Product Agreement is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.
- Richard Moore / PSYCoachingmay refuse you entry or otherwise exclude you from any of his training and courses for any reason, including if you do not comply with any part of this Product Agreement at any time.
Last updated: 6 October 2023