Arya Strategies Pty Ltd (ACN: 624 261 598) trading as Aarya Strategies (AS, we, us, ours) provides personal and business coaching through the delivery of workshops, seminars and events (Services). As part of the provision of the Services Aarya Strategies also provides access to support chat groups, commentary, tools, materials, resources and other information collectively known as ‘services’.
These Terms and Conditions govern Aarya Strategies’s provision of the Services (online and offline) and your use of these services.
The term “you” refers to the client of the coaching program.
1. Scope
1.1 We provide the Services to you.
1.2 You can book any of our Services by:
1.2.1 booking on calendly link;
1.2.2 submitting an email request form; and
1.2.3 making payment of any applicable fees.
For the avoidance of doubt, our Services are not booked or confirmed until we have received full payment in respect of those Services. At our discretion, we may accept partial payment in respect of those Services.
1.3 We may refuse to accept your booking of the Services for any reason at our sole discretion.
1.4 We are not responsible for any communication, interaction or relationship between you and any other person who are members / enrolled / part of our ‘services’, whether or not it occurs on our service/s or by another means.
1.5 Nothing in these Terms and Conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and us.
2. Your Responsibilities
2.1 You must:
2.1.1 ensure that any information you provide to us is true, accurate and complete;
2.1.2 promptly follow all directions from us in respect to your conduct in connection with the Services;
2.1.3 familiarise and follow any of the policies published by us at all times in connection with provision of the Services;
2.1.4 at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
2.1.5 comply with all applicable laws and regulations when using the Platform and/or receiving the Services; and
2.1.6 bear all costs and expenses related to your use of the Services.
2.1.7 You are responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
2.1.8 you understand that coaching is a complementary approach and not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, Coach will recommend that Client inform the mental health care provider and the client may need to have a referral letter from their health care provider.
2.1.9 For 1 on 1 Coaching you agree that it is the your responsibility to notify the Coach at least 24 hours in advance of the scheduled call/meeting if the Client cannot make the session. You will be billed for a missed session if you do not turn up/attend the session. Coach will wait for 15 minutes, before the Client is noted as not turning up for the session.
2.1.10 You understand and agree that some sessions may require tasking/homeplay and some of which will be mandatory to be completed prior to next sessions. Coach will clearly specify which tasks are mandatory and you must complete those tasks prior to next sessions. You agree to notify coach 24 hrs in advance if you have not been able to complete the tasking, so session can be rescheduled.
2.2 You must not, in relation to your use of the Services:
2.2.1 allow others to access or use your account ( google drive i.e. there is a limit of one person per account)
2.2.2 impersonate others;
2.2.3 use the Services in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
2.2.4 post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
2.2.5 reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; or
2.2.6 except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials made available to you.
2.3 When you book the Services you may provide us with certain information about yourself. We will handle and store this information in accordance with our Privacy Policy.
3. Fees & Services:
3.1 All fees are as noted at the time of purchase at the Coaches discretion and may vary from one Client to another Client.
3.2 The time of the coaching sessions will be determined by Coach and Client based on a mutually agreed upon.
3.3 All sessions will be conducted via online video communication platform such as zoom.
4. Payment
4.1 In consideration of provision of the Services you must pay us the fees as specified in the Aarya Strategies Coaching and Consulting Document.
4.2 We retain the right to vary our fees from time to time.
4.3 Unless stated otherwise, all fees are exclusive of GST and any other similar taxes or levies.
4.4 The invoice will be sent to the email address specified in pre coaching questionnaire.
4.5 Any fees paid are not refundable.
4.6 All fees and charges will be payable by you either as a one-off payment or on a periodic basis, depending on the Services and payment option you have selected.
4.7 If sufficient funds are not available at the time you are required to make payment, we reserve the right to charge you a late fee. This will also be considered a late payment and deemed a breach of contract and thus we have the right to suspend or terminate provision of the Services to you.
4.8 If you are on a payment plan, there is a $20 fee if there is a dishonoured transaction. You agree to honour your repayments to the third party organisation should we use one.
5. Cancellation and Change of Mind Policy:
5.1 Once you have paid a deposit for the program or paid for the program(s) in full, you have three days to cancel this agreement. Refund amount will be your investment amount minus the transaction fees of stripe/paypal.
5.2 Thereafter, you agree that there are no refunds given after the 3 days from the date of the signed enrolment agreement.
5.3 You agree that the fee paid and the total fee for the course is not transferable to another course or program.
5.4 If for whatever reason you have to stop the program within the payment term that you are liable to honour the repayment plan to which you have agreed to.
6. Intellectual Property
6.1 You acknowledge that we retain exclusive ownership and control of the intellectual property rights in the shared drive and any materials provided by us to you in connection with the Services.
6.2 You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our services any general suggestions, enhancement requests, recommendations or other feedback provided by you.
7. Limitation of Liability and Indemnity
7.1 You acknowledge and agree that Aarya Strategies provides guidance, suggestions, tools and feedback to allow you to discuss, reflect and make decisions about the subject matter of the Services and that Aarya Strategies is not responsible for and has no liability to you in respect of the validation,implementation and operation of any of the outcomes arising from the provision of Services.
7.2 To the extent permitted by law we exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms and Conditions.
7.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the shared drive and/or in our marketing material is provided without any guarantees, conditions or warranties as to its accuracy.
7.4 Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.
7.5 Subject to clause 8.4, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Services whether arising as a result of breach of contract, in tort (including negligence) or under statute and/or whether or not arising pursuant to an indemnity in these Terms and Conditions, is limited to us providing you with access to the Services again.
7.6 We are not liable to your (or any other person) for any indirect loss arising from a breach of these terms and conditions.
7.7 You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) (together, the Indemnified Persons) harmless against any loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Services, except to the extent such loss arises from our negligence or willful misconduct.
8. Disclaimers
8.1 While we take all due care in providing the Services, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
8.2 We take reasonable care in ensuring that any material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.
9. Linking
9.1 The Platform and the information we provide to you as part of the Services contains links to other websites, including the websites of third-party providers. These are provided for convenience only.
9.2 We have no control over or responsibility for anything on those websites.
9.3 Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).
9.4 We reserve the right to withdraw linking permission without notice.
10. Updates to Terms of Use
10.1 We may amend these Terms and Conditions at any time.
10.2 We will endeavor to notify you of any changes to these Terms and Conditions in writing.
10.3 If you continue to enjoy the benefit of the Services and/or access the Services following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you should not use or access the Services or enjoy the benefit of the Services.
11. Notices
11.1 Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the order form at the time of booking the Services. If you want to contact us about any aspect of these Terms and Conditions then please send email to aaryastrategies@gmail.com
12. General
12.1 Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these Terms and Conditions.
12.2 The rights and obligations in clauses 1, 2, 5, 6, 7,11 and 12 will survive the termination or expiry of these Terms and Conditions.
12.3 All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
12.4 These Terms and Conditions are governed by the laws of the State of New South Wales. Each of us submits to the nonexclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these Terms and Conditions