Contract Terms and Conditions of Sales at Counselling Fraser Coast
Contract Terms and Language
In this agreement the terms ‘Client’, ‘you’, ‘your’, ‘they’, ‘their’, ‘them’, ‘student’ 'purchaser' 'participant' shall mean the purchaser of any ‘Products’ or ‘Services’ provided by Ronald Cruickshank Relationship Counselling of Fraser Coast.
When you have completed the order form electronically or in person or purchased the ‘Services’ over the telephone, online, face-to-face, or other method of ordering, you are thus entering into this contract and agreement of terms.
‘Counsellor’, ‘us’, ‘our’, ‘we’, ‘the Organisation’, ‘the business’ shall mean the trading names Ronald Cruickshank or Ronald Cruickshank Relationship Transformation Centre. (also known as Counselling Fraser coast), and NOT any individual. Australian Business Number (ABN): 12 443 596 465
‘Counselling’ or ‘services’ shall mean the video training, meetings, phone calls (recorded or not), suggestions via any forum and through any other means including email, and training support and educational information and know how delivered in any way.
‘Experts’ shall mean any experts/special guests/advisers that are introduced or bought in to offer value during the course of the Services.
The terms ‘contract’, ‘terms’, ‘agreement’ shall mean this entire writing from the word “START” above to the word last word “END”.
1. Code of Conduct
1.1 The Client agrees to behave with professionalism during and after the Services are provided. This includes participation at events. The Client agrees not to undertake any activity or behaviour that would be considered offensive or prejudice toward staff, Mentors, fellow Clients, helpers and experts.
If the Client has any issues, the Client will raise them in a professional and discreet manner by speaking with the any member of the Client Experience team via Mobile: (AUS) +61 (0) 400 606 321 or by emailing me: ron@counsellingfrasercoast.au
1.2 The purchaser also agrees to uphold the privacy of his fellow Clients and keep discreet any private and personal information learned in the sessions. Proven breach of this clause will result in the Client being removed from access to all restricted areas, and the Client being permanently expelled from Services without any refund or financial remedy, and all outstanding fees payable within seven days.
1.3 Ronald Cruickshank Relationship Transformation Centre is a Registered with the International Institute of Complimentary Therapists and agrees to abide by a Code of Conduct.
2. Use of Media
2.1 I may record by both video and audio in order to provide some media to our clients via post, Internet and restricted access websites – run and or owned by The Organisation.
The participant agrees that in order for them to be recorded, their expressed desire to do so will be sought in verbal and written format prior to their being recorded during the course of the Program for the purposes mentioned above, and agrees that The Organisation may use pictures taken during the course of the Program for marketing purposes only with that expressed permission.
You understand, in these circumstances, that all or part of the Program (including pictures and recordings) may form part of a product in the future, which will be solely owned by The Organisation or its partners/assigns.
2.2 Clients understand that they cannot secretly record any part of the counselling, training or support, without the expressed permission of the counsellor, trainer or support person, and that if they do record such contact sessions, that it is used solely for the client’s personal use, and not distributed in any form. Breach of this term may result in legal action – and such a recording will constitute breach of copyright.
2.3 The Organisation may use testimonials provided by the Client on our website, via email, or by post, for promotional purposes without permission of the Client without limitation in time. All reasonable attempts to remove identifying information pertaining to the client will be assigned prior to making such testimonials public. If you do not wish to have your testimonial used, you must inform me. Email me: ron@counsellingfrasercoast.au
2.4 THE CLIENT AGREES NOT TO PLAUGURISE OR PERMIT TO BE PLAGURISED ANY OF THE CONTENT TAUGHT; THIS INCLUDES REVEALING ANY STRATEGIES OR TRAINING TO THRID PARTIES AND PASSING IT OFF AS YOUR OWN. YOU ALSO AGREE THAT SHOULD YOU WISH TO TEACH THE CONTENT YOU HAVE ACQUIRED/LEARNED THROUGH THIS SERVICE, YOU WILL DO SO UNDER LICENSE WITH RONALD CRUICKSHANK ONLY. BREACH OF THIS INTELLECTUAL PROPERTY CLAUSE WILL RESULT IN LEGAL ACTION BEING TAKEN.
3. Access to restricted materials, websites, and copyright of printed materials distributed during the course of the services
3.1 The Client agrees not to duplicate in part or full any material provided through the services without permission. The Client also agrees not to provide access to restricted websites to any individual.
The Client also agrees not to breach the copyright of any materials by re-writing or reproducing content. The Client is forbidden to resell any content without prior permission from Ronald Cruickshank.
3.2 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by Ronald Cruickshank (or his employees, agents, consultants or sub-contractors) and any other confidential information concerning this business or the services or materials which you may obtain.
3.3 You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the relevant services.
4. Disclaimer
4.1 The Services are provided as educational information and intended as guidance only. The Client agrees that they will use their own judgment and confirm all suggestions given to them by Ronald Cruickshank (or his employees, agents, consultants or sub-contractors) are right for them using legal, moral, accounting and any other third party consultation chosen by the Client external to the Services.
4.2 Suggestions and guidance provided during the course of the Services should not be deemed explicitly advisory. The Client is advised to seek professional advice before acting upon any educational information.
4.3 Experts invited into the Services to participate are invited to add value and impart technical expertise. Nevertheless, they are invited for educational purposes only and listed solely for the Clients reference. You should check experts for their suitability to your objectives.
4.4 The Client nominates to indemnify Ronald Cruickshank and his Service indefinitely, from any legal suits or action resulting from any actions The Client or their associates take following suggestions and guidance provided in the services. Ronald Cruickshank or any employees or its management will not be held responsible, under any circumstances, for any loss, injury, accident or death resulting from any actions taken during and after or during use of the services.
4.5 Ronald Cruickshank and his Services will make every effort to ensure that the products and services and their potential for life change are accurately represented. Life and Relationship Transformation statements made by Ronald Cruickshank and the business and its customers are estimates of what we think you can possibly achieve. There is no guarantee that you will achieve these levels of change and you accept the risk that the personal and relationship change differs by individual.
4.6 As with any relationship, your results may vary, and will be based on your individual capacity, personal experience, expertise, willingness, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which may not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
Each individual’s success depends on his or her background, dedication, desire, motivation and personal commitment. It is the Clients responsibility to implement the strategies provided with our educational Services.
4.7 For the avoidance of doubt, there is no assurance that examples of past successes can be duplicated in the future. Ronald Cruickshank or his business cannot guarantee your future results and/or success. There are some unknown risks in relationships, business and on the internet that he cannot foresee which can reduce results. For the avoidance of doubt you agree that he is not responsible for your actions.
4.8 The use of Ronald Cruickshank’s information, products and services should be based on your own due diligence and you agree that this business is not liable for any success or failure of your relationships or business that is directly or indirectly related to the purchase and use of our information, products and services.
5. Payment and Consumer Rights
5.1 Any deposit for the Services is non-refundable. Equally any fees paid towards the Services are also non-refundable irrespective of whether the Client decides not to utilise the services. The Client accepts that their payment to the business is made in good faith (where the business should have no reason to believe that the Client shall pay partially or fully for the Services only to seek a refund or action a charge-back). Each Client is given a place on the Services usually at the expense of another client not being able to join. Therefore cancellation would result in a loss that the business is within its rights to pursue.
5.2.1 Where a Monthly Installment Plan is agreed, the Client agrees to pay each month as agreed by cash, cheque, money order, direct debit or credit/debit card, on an uninterrupted monthly basis, without break, missed payments or avoidance to pay. The payment should reach us on the exact date agreed whether by automated or other payment means. If payment is not received after 1 day of the date it is due, the Client authorizes Ronald Cruickshank to deduct the amount from any card details we have on file at any time to minimize breach of this agreement and fines, without the need for announcement that the funds will be deducted. The Client agrees not to charge-back any payments, which are within the scope of the fees agreed for deduction or in the scope of this agreement. The Client agrees to ensure at least one valid credit/debit card is provided to be kept on file by the Company at all times.
5.2.2 The Client agrees to pay an administration fee for each missed date, payment attempt, or other declined payment with a maximum of one fee per day. This fee for default in payment is in addition to the actual installment due. The scale of fees for default of payment is as follows:
- Due $1 – $499 the fee is $20,
- Due: $500 – $1,000 the fee is $30,
- Due: $1,000 – $10,000 the fee is $125,
- Due: $10,000+ the fee is $250.
- A further additional 3.5% interest will be charged on over due amounts per calendar month so long as the amount remains outstanding and unpaid.
Legal action may be taken for the full balance after 7 days. The Client agrees to cover all costs for legal action including but not limited to The Organisation’s Further Action Administrative Costs ($400), court fees, debt recovery fees and solicitors fees.
5.3 The Client agrees not to action any third party remedy to complaints (including charge-back’s, court action or any other remedy) without first informing us that they are unhappy that any aspect of the service they were sold is not being provided in accordance with the offer of sale; and allowing the business up to fifty (50) working days to fully remedy the matter to the level of service sold. The client agrees to continue paying as agreed for The Services during any dispute in accordance with clause 5.2.1. A dispute does not remove the obligations of either party in this agreement.
5.4 The Client agrees that should the Services start within 7 working days or less, the 7-day cooling off period offered by Consumer Regulations is not applicable, and therefore there is no option of cancellation of the Services once we have taken the Clients payment/deposit.
5.5 The ‘Start of the Services’ is deemed as the payment being taken followed by the initial welcome email being sent from our system, which may or may not include an online video for you to start/watch (even if you do not watch or complete this or start using any of The Services within those 7 days).
5.6 Should it take longer than 7 days before you start using the Services, and you are contracting as a consumer, you will be entitled to a cooling off period of 7 days within which you may cancel your Services and receive a refund of all monies. The provisions of this clause 5.6 do not affect your statutory rights. Should the client wish to cancel the services the client must pay the remaining and any outstanding monies and forfeit the provision of the Services.
5.7 To cancel this Contract, you must inform Ronald Cruickshank in writing, before you receive the Welcome Email. And he must confirm your cancellation is accepted. The Client must also return all course materials immediately by registered mail, in the same condition in which you received them, and at your own cost and risk. You must not have watched any of the course content online (we can track this). You have a legal obligation to take reasonable care of the course materials while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.8 The Client agrees that cancellation of a direct debit/standing order, a granted charge-back or cancellation of his or her bankcard does not constitute a cancellation of the Services. Neither does avoidance to pay. The client also agrees that if they make any request to the bank to remove authority for The Organisation to take payments from any card on file this request will not need to be upheld by the business in accordance with this agreement and they authorize the bank to uphold the payment.
5.9 The Client is cautioned that due to the very nature of emails, the internet and postal systems being unreliable, the Services and their obligations to this agreement shall stay in force until the Client receives a confirmation of cancellation letter from the business. You agree that if you have not received a Confirmation of Cancellation letter or email within 21 days of sending a cancellation request, the request shall be deemed denied and the Services and your obligations shall continue as herein agreed.
5.10 The Client agrees that without giving prior notice, the business at it’s discretion, may use an intermediary management company to support the provision of The Services or a third party to process payments due to the business for the services. Any such company will comply with any regulations concerning privacy, confidentiality and management of client information in an agreement with the business.
5.11 You agree to keep Ronald Cruickshank informed of any change of phone number, email address and postal home address during your Service provision.
6. Data Protection
6.1 The Organisation will treat all confidential information of The Client at the utmost confidentiality. All staff and suppliers are held to a confidentiality agreement. We ensure any means of transmitting private information are within secure formats.
6.2 All information provided by the Client to the business is entered into the business’s secure online database. The business ’s online database is managed by a non-EU supplier and this will result in data being transmitted securely through multiple servers globally.
6.3 The business will not sell your data to any third party. We respect your privacy – and we are anti-Spam compliant. The Organisation may send you promotional information but will not sell your details to any third party.
7. Transfer of rights and obligations
7.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
7.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
8. Events outside our control
8.1 Ronald Cruickshank and his staff will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (each being a Force Majeure Event).
8.2 A Force Majeure Event, without limitation, includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period unless we decide that the Contract should be terminated. Should we decide to terminate the Contract we will notify The Client in writing. The fees paid prior to such termination will not be refundable and The Client agrees to settle any outstanding monies or other obligations.
9. Termination
We reserve the right to terminate the Contract immediately without liability if:
9.1 subject to clause 9.2 below, you fail to complete by non or limited activity or co-operation the relevant Services within 16 weeks of the end date of the Service Term; or
9.2 In our opinion you cause disruption on any Service that negatively impact Staff, Contractors, other Clients or potential Clients or take any action that brings us (or any of our employees, agents, consultants or sub-contractors) into disrepute or adversely affects our goodwill or reputation. In this case The Client agrees to pay damages of $25,000 within 7 days of the infraction or such infraction being discovered by The Company. Or other amount agreed plus any legal costs for the remedy to be rectified.
9.3 The Client agrees that they have no right of termination of this contract save for the provisions of clause 5.6 above.9.4 The Company reserves the right to employ the services of a mediator if there has been a breakdown in communication or the relationship. The purpose of this mediation is to bring the parties back to a working relationship so that the Services may be resumed. Both parties agree to this process if there is a problem; after all other methods of communication/resolution have been exhausted and before any legal action have been taken.
10. Sever Ability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11. Agreement
11.1 By registering for, or starting, or continuing the Services, The Client agrees to be bound by these terms, which are enforceable in the jurisdiction where the client lives or other jurisdiction decided by the business.
11.2 In the event of the business being held legally liable in any respect, the Client agrees that our highest liability will be limited to the 10% of the fees paid which will be settled by cheque within 45 days.
11.3 The Organisation reserves the right to revise these terms and conditions without prior notice or the need for announcement. The client agrees to be bound by any such changes in the terms and conditions and agrees to periodically check this website https://counsellingfrasercoast.au/contract-terms for amendments and agrees to be bound by any changes to these terms.
11.4 All notices or correspondences should be sent to the address:
Ron Cruickshank Counselling Fraser Coast™:
441 Nikenbah Bingham Rd, Booral, Queensland 4655
Electronic submission: ron@counsellingfrasercoast.au
In the event that the business may move or change address the Client agrees to check https://counsellingfrasercoast.au/contact for the up to date address before sending any correspondences.
11.5 This clause constitutes the end of the agreement.
