Website Legals & Privacy | Clare Rose Coaching

Welcome to our website and thank you for taking the time to visit. By browsing this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

WEBSITE DISCLAIMER

All care is taken in the preparation of the information and published materials on this site. Clare Georgina Rose does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Clare Georgina Rose will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames or other references to other parties and their websites. Clare Georgina Rose cannot control the contents of those other sites and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Clare Georgina Rose does not necessarily approve of, endorse, or sponsor any content or material on such sites. Clare Georgina Rose makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

Clare Georgina Rose is not, and must not be taken to be, authorising the infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

If you have any concerns regarding the content of the Website, please contact Clare Georgina Rose.

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to www.clarerosecoaching.com ('Website'). The Website provides coaching programs.

The Website is operated by Clare Georgina Rose (ABN 98 517 788 904). Access to and use of the Website, or any of its associated Products or Services, is provided by Clare Georgina Rose. Please read these terms and conditions ('Terms ') carefully.

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Clare Georgina Rose reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Clare Georgina Rose updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Clare Georgina Rose in the user interface.

The Website, the content and all of the related products of Clare Georgina Rose are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Clare Georgina Rose or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Clare Georgina Rose, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your

device's cache memory; and

print pages from the Website for your own personal and non-commercial use.

Clare Georgina Rose does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Clare Georgina Rose.

Clare Georgina Rose retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of Clare Georgina Rose and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Clare Georgina Rose takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Clare Georgina Rose's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause 5, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(i) Clare Georgina Rose will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Clare Georgina Rose makes any express or implied representation or warranty about the content or any products or content (including the products or content of Clare Georgina Rose) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the content, or any of its Content related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the content or any of the products of Clare Georgina Rose; and

the content or operation in respect to links which are provided for your convenience.

Limitation of liability

Clare Georgina Rose's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

You expressly understand and agree that Clare Georgina Rose, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) You acknowledge and agree that Clare Georgina Rose holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

Termination of Contract

If you want to terminate the Terms, you may do so by providing Clare Georgina Rose with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Clare Georgina Rose via the 'Contact Us' link on our homepage.

Clare Georgina Rose may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;

Clare Georgina Rose is required to do so by law;

Clare Georgina Rose is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

the provision of the Services to you by Clare Georgina Rose, is in the opinion of Clare Georgina Rose, no longer commercially viable.

Subject to local applicable laws, Clare Georgina Rose reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Clare Georgina Rose's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Clare Georgina Rose have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Clare Georgina Rose, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or

(iii) any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in Brisbane, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Clare Georgina Rose is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

We respect your privacy.

Clare Georgina Rose respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

"Personal information" is the information we hold which is identifiable as being about you.

Collection of personal information

Clare Georgina Rose will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms.

You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

Additionally, we may also collect any other information you provide while interacting with us.

How we collect your personal information

Clare Georgina Rose collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

Use of your personal information

Clare Georgina Rose may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

Clare Georgina Rose may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

Disclosure of your personal information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Clare Georgina Rose, Clare Georgina Rose, its customers or third parties.

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include but are not limited to the USA, Europe, Israel.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

Security of your personal information

Clare Georgina Rose is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information are carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we

collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Access to your personal information

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at clare@clarerosecoaching.com.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Complaints about privacy

If you have any complaints about our privacy practises, please feel free to send in details of your complaints to clare@clarerosecoaching.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Changes to Privacy Policy

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

Website

When you come to our website (Clare Georgina Rose) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

We may from time to time use cookies on our website. Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve

relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

Third-party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Clare Georgina Rose is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.

COOKIE POLICY

Last updated: 1st February 2021

This Website (referred to in these “terms of use” as the website) is owned and operated by Clare Georgina Rose, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms.

Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies.

General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse in not personal information as described in the Privacy Act.

Why do we use “cookies” and other web use tracking technologies?

When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.

We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.

We collect information using “cookies” and other tracking technologies for the following reasons:

to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;

to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;

to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and

when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.

What are your choices regarding cookies?

If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

REFUND POLICY

This Refund Policy ("Policy") applies to the following purchases: Coaching Sessions

General

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy ("Policy").

Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.

Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

Australian Consumer Law

Under the Australian Consumer Law:

Our goods and 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 with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is any inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

If a product or service which you purchased from us has a failure that does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

Cancellation and Change of Mind

In the event that you receive the products or services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:

You notify us within 21 days of receipt.

In the case of services, the services have not already been performed.

The following conditions are satisfied:

you must have completed one (1) coaching session

Products Damaged During Delivery

In the event that the product you ordered has been damaged during delivery:

Please contact us as soon as possible.

Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.

We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 21 days days from the date of receiving the product.

Exceptions

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:

You misused the said product in a way which caused the problem.

You knew or were made aware of the problem(s) with the product or service before you purchased it.

You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

Any other exceptions that apply under the Australian Consumer Law.

Shipping Costs for Returns

In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.

If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

Response Time

We aim to process any requests for repairs, replacements or refunds within 48 Hours days of receipt.

How to Return Products

You can contact us at the end of this Policy to discuss a return using the information.

Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

To be eligible for a refund, repair or replacement, you must provide proof of purchase.

You may be required to provide government-issued identification to qualify for a refund, repair or replacement.

If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: clare@clarerosecoaching.com.au.