Introduction to our Terms of Service

Sunshade Capital Pty Limited (ABN: 54 612 233 637) trading as Coach’s Companion (“Coach’s Companion”) provides functions, services or activities that include, but are not limited to the provision of a cloud-based technology platform that allows “you”, “your”, “user”, “registered user” to:

1. Create and manage learning, personal development, career and messaging information.
2. Register and maintain your email address, password and user profile.
3. Upload, download and delete documents to/ from your user profile.
4. De-activate your user profile.
5. Establish and maintain your privacy settings.

Coach’s Companion’s Terms of Service (“Terms of Service”) are hereby documented.

Please take the time to read our Terms of Service carefully and ensure you fully understand them before accessing or using the information or services available through our website www.coachscompanion.com (“Website”).

If you do not agree to our Terms of Service, please refrain from using our Website and please do not register your user profile or use any of the information or services available from our Website.

Once you have completed your user registration and commence using our Website, you are legally bound by our Terms of Service.

Coach’s Companion may alter, modify or include new Terms of Service.

Any alterations, modifications or new Terms of Service become effective when posted to our Website and you agree to be legally bound by them from the effective posting date.

Coach’s Companion takes our responsibility to privacy seriously.

Coach’s Companion has a Privacy Policy that can be read in conjunction with our Terms of Service.

TERMS OF SERVICE

If you elect to use our Website and purchase or use any product(s), service(s) or undertake any form of communication using our Website you agree you are legally bound by our Terms of Service and any amendments posted from time to time.

By “ticking” the “Terms & Conditions Acceptance” box on our registration page, you agree to be bound by our Terms of Service and all subsequent amendments.

If later you do not agree to our Terms of Service, we make it easy for you to deactivate your registered account.

POSTING USE AND TERMS

Coach’s Companion prohibits the use of our Website if the law or our Terms of Service prohibit you to do so.

By using our Website, you confirm that you have the legal right and authority to enter our Terms of Service, you are aged 16 years + and you agree to act with integrity when you use our Website.

You also agree that you will not through any act or omission use our Website to mislead, misinform or deceive others who may also use our Website.

Coach’s Companion only permits the use of the English language for posting of information to our Website.

When you submit any form of information to our Website, we have the expectation that it is accurate, grammatically correct and thorough because any information submitted to our Website that is to the contrary could adversely affect our ability to deliver our services to you.

You are not permitted now or at any time in the future to use our Website for any illegal or unauthorised use.

The collection of usernames or email addresses of registered users is prohibited for the unsolicited sending of emails and hyperlinking to our Website.

If in our opinion your use of our Website contravenes any of our Terms of Service, Coach’s Companion have the sole and exclusive right to deactivate your user profile from our Website and if deemed necessary commence legal proceedings against you.

We will inform you that you have been deactivated but we are not obligated to provide a reason.

If Coach’s Companion deactivates your user profile then you agree not to re-register under a different username, email address and password.

You are responsible for the content uploaded to our Website, including what is published, displayed, communicated or transmitted.

Coach’s Companion will not be held responsible or liable for any content posted by you to our Website and we have the right to disclose your details if any content posted by you violates Intellectual Property Rights (“IPR”) or copyright or any privacy rights.

You agree that by posting content publicly you have the absolute right to the information and legal rights to do so.

Coach’s Companion retains the exclusive rights to investigate, edit and/or remove any content, user profile, and or any other information stored on our Website that contravenes our Terms of Service.

You agree that you will not post content that:

• is discriminatory, including based on race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin;
• infringes upon the Intellectual Property Rights (“IPR”) of, or breaches any duty of confidence to any third party;
• is technically harmful, such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
• reveals the identity or any personal details of any other user of our Website without that user’s written permission;
• expresses or imply that any statements you make are made or endorsed by Coach’s Companion;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• includes false, misleading or fraudulent statements or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorised copy of another person’s copyrighted work;
• contains restricted or password only access pages, or hidden pages or images;
• engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
• is offensive to the online community, such as content of any medium that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person

Your use of our Website is governed by the laws of Australia and the state of Queensland, Australia and you formally submit to this jurisdiction.

Laws include but are not limited to all relevant employment, commerce commission, advertising standards, privacy and anti-discriminations laws and amendments.

By using our Website you irrevocably agree to hold and indemnify Coach’s Companion, its directors, employees, advisors, sub-contractors and licensor and keep each and every one indemnified against all costs, losses or expenses incurred by us as a result of breaching our Terms of Service and your obligation to comply with all current and future Terms of Service.

ACCESS TO OUR WEBSITE

Your access and use of our Website are made available on a temporary basis.

We have the exclusive right to modify, amend, suspend or deactivate your use of our Website without cause, explanation or notice being served.

The use of our registration and login portals is email and password validated and you confirm you will not disclose your email or password to anyone.

You are responsible for the security of your email address and password and if you discover they have been disclosed you are to immediately change your email address or password or deactivate your registered profile.

By registering on our Website, you agree to keep your registered user access credential confidential and you agree by ticking the “Terms & Conditions Accepted” box on first registration that you are legally bound by our current and future Terms of Service.

You agree not to misuse your user access credentials and disclose them to anyone.

If Coach’s Companion deactivates your access or profile permanently and deletes any or all records stored on our Website, we will not be held liable for the deletion of any content on your registered profile.

You are responsible for all fees relating to the use of any and all services conducted by using your registered access credentials to the point you have advised us in writing that an unauthorised use of your access credentials has occurred.

You also agree to provide us with all information relating to the unauthorised use of your registered access credentials so we can investigate or take legal action against the named party and you hold and indemnify us against all costs associated.

COPYRIGHTS, PATENTS, IPR, or TRADEMARKS

All and any copyright in material, design, rights, patents, data base, rights to inventions, know how, trade, domain and proprietary technologies (registered or unregistered) either in Australia or anywhere in the world are owned by Coach’s Companion unless otherwise advised.

You agree not to infringe any IPR.

Copyright or proprietary notices must not be removed without written consent being obtained from Coach’s Companion.

FEES

Coach’s Companion does not charge you to first register on our Website.

All pricing and terms of payment are recorded on our Website and they can be changed by us from time to time.

Once a price change is posted to our Website it will take immediate effect for new service users and on expiry of the current service for existing users.

Price changes will be notified on our Website from time to time and we may elect to send you an email to confirm our pricing changes to your registered email address.

If Coach’s Companion adds new products or services to our Website from time to time, then pricing and terms of payment will be recorded on our Website.

You are responsible for paying all fees inclusive of GST on due date in AU$’s.

If fees are not paid on due date, Coach’s Companion can take steps to recover the amount(s) due, including all fees associated to its recovery charged to us by our third-party debt recovery provider.

We reserve the exclusive right to suspend or deactivate any one or all services if fees due are not paid when they fall due for payment.

Coach’s Companion does not provide refunds or credit notes to the extent permitted by law.

Any payment queries are to be directed to info@coachscompanion.com

PERSONAL INFORMATION

By using our Website, you agree to the use of personal information (including collection, transfer, storage) as documented in our Privacy Policy.

You may download content from our Website for your personal use and not for commercial use provided you keep it intact, including all copyright or other proprietary notices or copyright marks.

You cannot modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from our Website for any purpose that is not lawful or is prohibited by our Terms of Service.

You also agree not to use data mining, robots, screen scraping or similar automated data tools.

You also agree that all data entered and stored on our Website is correct and you are the lawful owner of the information and that it is true and correct.

THIRD PARTY WEBSITE

By registering on our Website and accessing the services or products available, both now and in the future, you acknowledge that the services or products may be provided by third party Website.

You agree that if a third-party website or another registered user of Coach’s Companion provides the services or products then their Terms of Use and Privacy Policy will apply.

You may view their Terms of Use and Privacy Policies by visiting their Website.

You also agree and accept that our Website and third-party Website may interact with your profile and share your data.

If a product or services is provided by another website, you agree to indemnify us from all costs and expenses in the interactions or dealings with that website.

YOUR INTELLECTUAL PROPERTY AND CONTENT 

A registered user acknowledges that Coach’s Companion may use all content, including but without limitation to any artwork, audio, logos, designs, information (such as information about people, including personal information, contact details, pricing information and opening hours), relating to the registered user that is posted to our Website or is publicly available on any website owned, operated, associated with, or relating to, the registered user (“Online Information”).

We are authorised to post some or all the Online Information to our social media sites, for example on Facebook, Instagram, LinkedIn and Twitter.

NON-ADVISORY

None of the information published on our Website is deemed to be advice of any kind or form.

We do not endorse or recommend any posting by a registered user on our Website.

It is your responsibility to obtain legal, accounting, employment and any other form of advice you deem necessary before applying for or using any product or services from our Website.

You will be responsible for evaluating the accuracy, authenticity and completeness and use of any opinions, advice, services, products, merchandise or other information published by registered users through our Website.

Coach’s Companion will not be held liable to you or any other individual, business or entity if you decide to rely on any information, product or service available from our Website.

If you have any doubts, Coach’s Companion recommends you obtain independent advice from a professional advisor of your choice.

SERVICE GUARANTEE

Coach’s Companion gives you no express or implied guarantee that any or all products or services will be available, uninterrupted, error free or don’t contain defects or are defective and that we will take any actions to correct or fix them.

Coach’s Companion will not guarantee that any file downloaded from our Website will be available and if you choose to download them, then you do so at your risk.

We do not guarantee that any download or email will be free of infection, viruses, worms, Trojan horses or other code that may be harmful, contaminated or contain destructive properties.

You are responsible for the data and file inputs and outputs to our Website and for being able to reconstruct any lost data of any form or description.

USE OF YOUR INFORMATION

From time to time you may want to provide us with feedback on services or improvements to our services, products and so forth.

If you submit such feedback, Coach’s Companion may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Website (such as bulletin boards, forums and newsgroups or by email) to us.

SECURITY GUARANTEES

Coach’s Companion does not guarantee the privacy and accuracy of the information you submit to our Website.

Whilst we will undertake on our best endeavors to maintain your data and privacy, we do not guarantee this.

We act under our Privacy Policy and do not accept any liability pursuant to law should this occur.

ANCILIARY DOCUMENTS

Please refer to our Privacy Policy that may be updated from time to time.

When new terms apply to our Privacy Policy, they will be effective from the date it is posted to our Website.

WAIVER AND DISCLAIMER

We provide no express or implied warranties as to any services or products available from our Website, either now or in the future.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website by us, our partners or any member or any other person or entity.

The use of our Website and associated services, products or information is your responsibility.

LIABILITY

Coach’s Companion does not review registered users’ postings and is not involved in the actual transactions between users on our Website.

As most of the content on our Website comes from other users, we do not guarantee the accuracy of what is posted in any content nor endorse any user.

Coach’s Companion does not accept liability of any description for the posting of any unlawful, discriminatory, threatening, abusive, defamatory, obscene or indecent information, or material of any kind, including, without limitation, any material that would be criminal activity, or give rise to civil liability or breach any law.

To the maximum extent permitted by law, Coach’s Companion excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether it arises out of any problem you notify to us.

Coach’s Companion shall have no liability to pay any money by way of compensation, including without limitation liability in relation to:

• any incorrect or inaccurate information on the Website and all interruptions to or delays in any service;
• the infringement by any person of any IPR of any third party caused by their use of the Website;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading from the Website, or from transmissions via emails or attachments received from us or its licensees; and
• representations, warranties, conditions and other terms which but for these Terms of Service would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

SUNDRY PROVISIONS

Our Terms of Service, Privacy Policy and their amendments when posted to our Website represent the entire agreement with you.

Upon acceptance of the above any or all prior agreed terms are replaced by these terms and subsequent amendments from time to time.

If any part of our Terms of Service is deemed invalid, that part will be terminated, and the balance of the terms remain in full force and valid.

Failure to enforce one and or more of our Terms of Service does not imply or invalidate other Terms of Service.

INFORMATION RELEASE

In the event that you have any claim or action against any other member arising from that member’s use of our Website or the product and services we provide from time to time, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against us from your activities or use of our Website or the services, including any breach by you of these Terms of Service or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action.

You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter at our discretion.

CONTINUOUS SERVICE

Coach’s Companion will endeavor to ensure uninterrupted service, however, we give no guarantee of Website and services up time and/or its availability.

Acts of God and/or other issues and/or events outside our control can impact on the provision of our Website and associated services.

As such we will not be held liable nor give any express or implied guarantee of our Website or services availability.

APPLICABLE LAW

By registering with Coach’s Companion, you agree that the Terms of Service and any dispute arising out of your use of all products, services or third-party services shall be governed by and constructed in accordance with local laws of Queensland and Australia.

By registering with Coach’s Companion and our services you submit to the advertising and marketing laws stated within the jurisdictional boundaries of Australia.

If you are unsure of the advertising and marketing laws in Australia, you can access them for example from https://www.accc.gov.au and https://www.business.qld.gov.au.

TERMINATION OF USE

Coach’s Companion has the irrevocable right at any time to deactivate your use of the Website and associated services if you have breached one or more of our Terms of Service.

If this occurs, we may advise to your email address registered on our Website and no refund of monies paid will be made.

DISPUTES

If you have a dispute, please contact us at info@coachscompanion.com.

Coach’s Companion will endeavor to resolve your dispute in a timely fashion but gives no guarantees.

BREACH

If you become aware of any breaches of the Terms of Service, you are required to report such breaches to us immediately to info@coachscompanion.com.

NOTICES

Except for notices relating to illegal or infringing content, your notices to Coach’s Companion must be sent by registered mail to the office of Coach’s Companion.

We will send notices to you via the email address you provide, or by registered mail.

Notices sent by registered mail will be deemed received five days following the date of mailing.

REFUND POLICY

Coach’s Companion does not offer a refund of monies paid unless required by Law.

CONTACT US

Please contact us at if you have any questions regarding our Terms of Service.

Email: info@coachscompanion.com

Address: Kon-Tiki Business Centre, Tower 2, Level 3, Suite 306, 55 Plaza Parade, Maroochydore, QLD, 4558, Australia.

Postal: PO Box 688, Mooloolaba, QLD, 4557, Australia.