Terms and Conditions
- Terms and Conditions
- Supply of Network Mentoring Services
- Fees and Payment
- Network Mentoring Sessions
- Australian Consumer Law
- Intellectual Property and Privacy
- Confidential Information
- Definition and Interpretation
Terms and Conditions
These Terms and Conditions apply to the provision of the Network Mentoring Services by Ladybird Group to the Client.
The Client confirms their acceptance of these Terms and Conditions by contracting Ladybird Group
Authority to Amend
No person other than a director of Ladybird Group has authority to amend, vary or waive these Terms and Conditions on behalf of Ladybird Group.
Capitalised terms used in these Terms and Conditions have the meaning given in clause 10 unless the context otherwise requires.
Supply of Network Mentoring Services
Supply of Services
The Client agrees to accept and pay for, and Ladybird Group agrees to provide the Network Mentoring Services, subject to these Terms and Conditions.
(a) The Client may request the provision of Network Mentoring Services by contacting the offices of Ladybird Group.
(b) Upon receipt of an Inquiry a Ladybird Group Representative will contact the Client by telephone using the contact details provided by the Client. By submitting the inquiry, the Client authorises and requests Ladybird Group to contact the Client to discuss the inquiry and the Client’s interest in purchasing Network Mentoring Services. The purpose of this contact is to discuss the Client’s specific requirements for Network Mentoring Services and, if the Client wishes to purchase a Network Mentoring Package, to:
- Agree on a Network Mentor;
- Confirm the details of the Network Mentoring Package;
- Schedule the Network Mentoring Sessions for the Package;
- Receive credit card payment from the Client for the fee or agree on alternative arrangements for payment of the fee.
(c) Submission of an inquiry creates no obligation on the Client to acquire, nor on Ladybird Group to provide, any Network Mentoring Services.
(a) If the Client and Ladybird Group agree to proceed with Network Mentoring , the Ladybird Group Representative will issue a Confirmation to the Client by email.
(b) If the Ladybird Group Representative agrees to receive payment of the fee by an alternative method:
- The Client must make payment by the agreed method within 7 days and must provide evidence of the payment to Ladybird Group;
- No Network Mentoring Session will be scheduled within the following 7 days;
- The Confirmation will be issued on a conditional basis, subject to receipt of the fee; and
- If payment of the fee is not received in full within 7 days, Ladybird Group may cancel the Network Mentoring Sessions.
(c) The Confirmation will include details of the Network Mentoring , including:
- The time and date for each Session; and
(d) The Confirmation will also include a tax invoice for the Network Mentoring Fee.
(a) If the Client wishes to reschedule Network Mentoring Session, it must contact Ladybird Group by email or telephone at least 48 hours before the scheduled starting time for the Session.
(b) Following receipt of a Rescheduling Request, a Ladybird Group Representative will contact the Client and endeavour to reschedule the Session to a mutually convenient time.
(c) The Client acknowledges that the ability to reschedule a Session depends, among other things, on the availability of the Network Mentor, and while Ladybird Group will use reasonable endeavours to reschedule the Session in accordance with the Client’s preferred alternative date and time, it cannot guarantee the availability of a Network Mentor.
(d) Unless Ladybird Group agrees otherwise, the rescheduled date must be within 2 weeks of the originally scheduled date of the Session.
(e) If the Client and Ladybird Group cannot agree on a rescheduled date, the Session will take place at the originally scheduled time.
Replacement of Coach
(a) If, after the Client has purchased a Network Mentoring , the selected Network Mentor, for any reason, becomes permanently unavailable to provide the Sessions, Ladybird Group will contact the Client and offer an alternate Network Mentor.
(b) Ladybird Group will use its best endeavours to ensure that the alternate Network Mentor has substantially similar qualifications and experience as the original Network Mentor, or is otherwise acceptable to the Client.
Fees and Payment
(a) The Client must pay the fee to Ladybird Group in accordance with clause 3.2(a) or clause 3.2(b).
(b) Full payment of the fee must be received by Ladybird Group at least 48 hours before and session takes place.
(c) If Ladybird Group does not receive payment by the time stated in clause 4.1(b), Ladybird Group may, without prejudice to any other remedy it may have, cancel the Session or terminate the Network Mentoring Agreement.
(a) The parties acknowledge and agree that all fees are exclusive of GST unless otherwise stated.
(b) If GST is imposed on any supply made by Ladybird Group pursuant to these Terms and Conditions, subject to Ladybird Group providing a valid tax invoice, the Client must pay, in addition to any fees for such supply (unless those fees already include GST), an additional amount equivalent to the GST payable.
Network Mentoring Sessions
Commencement and Duration
(a) If the Client fails to attend any Session, Ladybird Group is not obliged to refund any portion of the fee for that session.
(b) Each Session is generally one to one and a half hour in duration
(a) The Client must notify Ladybird Group of the names of all Client Attendees (other than the Client, if the Client is an individual) prior to each Coaching Session.
(c) The Client must ensure that no Client Attendee does or omits to do anything which, if done or omitted to be done by the Client, would constitute a breach of these Terms and Conditions.
(a) If the Client is a company, partnership or other organisation, it must nominate an individual as the primary contact person.
(b) It is not necessary for the nominated primary contact to attend each Session.
Suitability of Services
To the maximum extent permitted by Law, the Client acknowledges and agrees that:
(a) Ladybird Group does not warrant or guarantee any outcomes, or the suitability of, the Network Mentoring Services for any purpose;
(b) Any advice or other information provided by Ladybird Group is not to be taken as legal, financial or insurance advice, and the Client will:
- Seek independent legal, financial or insurance advice from a suitably qualified advisor or institution, and will ensure that each Client Attendee seeks such advice, before implementing or applying any of the advice or information provided by Ladybird Group; and
- Indemnify Ladybird Group from and against any loss or damage arising as a result of the Client’s, or any Client Attendee’s, failure to obtain independent legal, financial or insurance advice in accordance with clause 6.1(b)(i); and
(c) Ladybird Group will not provide the Client or any Client Attendee with any financial product advice or other information that would require Ladybird Group to hold an Australian Financial Services Licence (AFS Licence), and Ladybird Group is not required to hold an AFS Licence to provide the Network Mentoring Services.
The Client acknowledges and agrees that Ladybird Group is not liable for, and the Client releases, and must procure that each Client Attendee releases, Ladybird Group from any Claims relating to:
(a) Any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during a Session;
(b) Any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of the Network Mentoring Services; or
(c) Any reliance on any information, document, advice or other materials provided by Ladybird Group on the Website or in connection with the Network Mentoring Services.
Exclusion of liability
To the maximum extent permitted by Law and subject to clause 7:
(a) Ladybird Group will not be liable for, and the Client and each Client Attendee waives any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection with the Network Mentoring Services or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and
(b) Ladybird Group’s aggregate liability to the Client and all Client Attendees arising out of, or in connection with, the Network Mentoring Services is capped at an amount equivalent to the Network Mentoring Fee.
Australian Consumer Law
(a) Nothing in these Terms and Conditions, except as expressed otherwise in clause 7(b), will be construed as excluding, restricting or modifying any Consumer Guarantee.
(b) Ladybird Group’s liability to comply with a Consumer Guarantee is limited, at the sole discretion of Ladybird Group, to supplying the service again or payment of the costs of having the service supplied again.
(c) Clause 7(b) does not apply if the Client establishes that it would not be fair and reasonable for Ladybird Group to rely on it.
Intellectual Property and Privacy
The Client acknowledges and agrees that Ladybird Group will retain ownership of all Intellectual Property created as a result of or in connection with the Network Mentoring Services.
- Providing the Network Mentoring Services;
- To the extent permitted by law, notifying the Client of other services provided by Ladybird Group and other parties which may be of interest to the Client (subject to the Client’s right to opt out of such communications); or
- Providing information to the Client which Ladybird Group believes may be useful or relevant to the Client’s business having regard to the Client’s acquisition of the Network Mentoring Services.
(c) The Client undertakes to obtain the consent of each Client Attendee to the collection, use and storage of information about the Client Attendee in the manner described in this clause 8.2 and promises to Ladybird Group that it will not permit any Client Attendee to participate in any Session or any part of the Network Mentoring Services unless they have given that consent.
A Recipient must not use or disclose the Discloser’s Confidential Information unless:
(a) The Discloser gives its written consent to disclosure or use of the information;
(b) The use or disclosure is required by law; or
(c) The use or disclosure is required for the purpose of performing the Network Mentoring Services.
Definition and Interpretation
In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:
The Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
A Session booked by the Client in addition to an Initial Package.
A day which is not a Saturday, Sunday, public or bank holiday in Sydney, New South Wales.
Includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
The person who submits an Inquiry Form or who is named as the Client in the Confirmation.
$1(a) if the Client is an individual, the Client; and
$1(b) each individual authorised or permitted by the Client to attend a Session.
The individual nominated by the Ladybird Group Representative and accepted by the Client to provide a Network Mentoring Services.
The fee payable by the Client for the Network Mentoring Services, as published on the Website and confirmed to the Client at the time of purchasing an Initial Package or Additional Session and which will be set out in the relevant Confirmation.
A package of Sessions to be provided to the Client, including an Initial Package and any Additional Sessions.
|Network Mentoring Services||
The provision of business coaching advice to the Client for the purpose of improving the conduct of the Client’s business.
Any session for the provision of Network Mentoring Services at a designated time and date, as booked by the Client under these Terms and Conditions and set out in a Confirmation, subject to any rescheduling in accordance with these Terms and Conditions.
Information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to the Network Mentoring Services and which:
$1(a)is communicated by the Discloser as being confidential;
$1(b)is by its nature, confidential;
$1(c)relates to the business affairs or operating processes of the Discloser; or
$1(d)the Recipient knows or ought to know is confidential, but does not include information which:
$1(e)is already known by the Recipient without breach of any obligation of confidentiality; or
$1(f)is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.
the confirmation issued by Ladybird Group for a Network Mentoring Session in accordance with clause 3.2 or for an Additional Session in accordance with clause 3.5.
A customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of Network Mentoring Services.
A guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Corporations Act 2001 (Cth).
Any tax, levy, charge or impost generally imposed pursuant to the New Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament of the Commonwealth of Australia, which the parties are obliged to pay in respect of the supply of the Network Mentoring Services.
The initial Session that the Client books with Ladybird Group in accordance with these Terms and Conditions.
An inquiry or business request relating to the Network Mentoring Services.
Trademarks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
The service provider
|Ladybird Group Representative||
An authorised representative of Ladybird Group.
Any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
A request by the Client made in accordance with clause 3.4 to reschedule a Network Mentoring Session
These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.