Introduction

Antoinette Nicholls (the "Company") is a business based in Perth, Western Australia which provides business and personal consultancy and mentoring services as well as wellness services including but not limited to healing, yoga, breathwork.

In order to provide you with the best user experience and protect your interests and the interests of other members, we require all users of the Website to comply with the following Terms and Conditions and the Privacy Policy.

This page explains the Terms and Conditions for the Company (the “Terms”) and applies to antoinettenicholls.com and all related Websites, applications, services, products, facebook groups and tools (together the “Website”). It does not cover the third-party Websites that you can link to from the Website so you should always be aware when you are moving to another Website and read the terms and conditions on that Website.

The Website gives you an opportunity to browse and purchase products and services offered by the Company. The Company’s products and services are intended for people aged 18 and over.

The Terms govern your use of the Website, as well as the Company’s products and services, and form a binding contractual agreement between you and us.

The Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Acceptance of Terms

By accessing the Website, whether or not you register as a member, you expressly agree to be bound by these Terms and our Privacy Policy
which you acknowledge that you have read and understood.

We may change the Terms at any time. If we do, an amended version of the Terms will be posted on the Website. You are responsible for ensuring that you regularly review the Terms.

Your continued use of the Website after any changes are made to the Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Website.

If any provision of the Terms is held to be invalid, the remainder of the Terms shall continue in full force and effect.

Services, Products and Features

The Company provides various types of coaching services and packages, including one to one coaching sessions, group live mentoring sessions, live workshops and one-off events (collectively the “Sessions”).

The services provided by the Company are a professional client services designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy/plan for moving towards those goals.

By signing up for our services and signing the client agreement, you acknowledge that the client agreement together with the Terms create a legally binding contract (the “Client Agreement”) to which you will be bound.

While we use reasonable endeavours to ensure that the Website are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any service or feature the Website in whole or in part any time.

Membership Terms

When signing up for our services, you will be given access to the relevant material and communities for your subscription or package and will be deemed to be a member of The Success Academy (the “Member”).

You must be at least 18 years old to become a Member.

As part of your subscription or package, you may also have access to our online platform with online learning material and exercises and will have a profile set up for you (the “Member Profile”).

You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information.

We may at any time request a form of identification to verify your identity.

As a Member, you will also have the ability to access features and services available on the private Facebook group(s), any other social media page associated with the Website (such as communicating with other Members and Members in the Facebook group(s), subscription services or any chargeable service or feature that becomes available from time to time).

You are considered a Member for the purpose of the Terms once you have reviewed and accepted the Client Agreement. By accessing the content of course platform(s), you are deemed to have accepted the Client Agreement and have accepted the responsibility of your entire course tuition.

As a Member, you acknowledge and agree that you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (“Password”).

To the extent that you provide personal information, the Company will treat such information strictly in accordance with the Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.

Workshops, Live Sessions and One-off Events

Sessions are provided by the Company over video conference or teleconference and are strictly adults only to ensure professionalism and a quiet working environment for all other participants.

By agreeing to the Terms, you agree that you are solely responsible for creating your own results. You understand that failure to meet your goals (in whole or part) cannot be guaranteed and no warranties are given.

You are aware that coaching is not counselling, psychotherapy, psychoanalysis or any other form of mental health care treatment or therapy, nor is it to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals.

The Session agenda is in accordance with the programme schedule. If the Session is not heading in the direction you would like, if the coach ever says anything you don’t feel comfortable with or if you have a concern with the way the Sessions are proceeding you will let the coach know immediately or inform us over email to hello@antoinettenicholls.com.

The Company reserves the right to exclude you from any Session should you, in the Company’s sole determination, become disruptive.

You understand and acknowledge that the Company and/or its representatives may record any aspect of a Session (“Recordings”). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by The Company.

You hereby waive any and all legal rights you may have against the Company in respect of Recordings of your participation in the Session and grant to the Company the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

You hereby release, discharge and agree to hold harmless the Company from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

In the unlikely occurrence that the Company cancels a reoccuring Session, you will not receive a refund for that particular Session.

If you or any participants are late for a Session, the Session will complete at the scheduled time.

One-off events will also be held by the Company on an ad-hoc basis either online or face to face (the “Event”). Events will be held in accordance with the Terms and a separate invoice will be issued.

In the unlikely occurrence that the Company cancels an Event, you will receive a full refund of the purchase price paid for the Event. The Company will not reimburse any optional expenses including but not limited to flights and accommodation for the Event.

Financial Terms

We will charge you service fees as disclosed in the Client Agreement. We reserve the right to change these fees from time to time without notification to you. Such changes in fees will be applicable upon expiry of the current course or subscription term, upon entering into a further course or subscription term.

We will provide you with a quote for any products you request and this quote will include our service fees. The quote will remain valid for a period of 10 days from the date the quote is issued to you.

All purchases, tuition, postage and insurance costs are to be paid for by you prior to your access to the content being granted, and/or the products being shipped. Risk passes to you upon your payment of the products, courses and services. Therefore, you are responsible for any damage incurred during shipping and you elect to take out insurance cover or otherwise at your own risk. To the extent permitted by law, we disclaim any liability for items damaged after risk has passed, where the products are not insured, or fall outside the scope of the insurance policy.

To the extent permitted by law, we do not warrant that the products, services or courses will be fit for purpose or of a particular merchantable quality. In the event that we make available to you a product, service or course from a third-party supplier via our Website, we do not facilitate refunds from the third-party supplier.

Further details and any additional terms and conditions relating to any future features and services will be made available on the Website. Any such additional terms and conditions form part of the Terms.

Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Website at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Website or terminate your Member Profile in accordance with the Terms.

By making a payment of the service fees, you are expressly accepting all terms and fees detailed in Client Agreement and you acknowledge that the Client Agreement creates a legally binding contract to which you will be bound.

You agree that the terms of the Client Agreement are fair and reasonable, have been agreed upon between you and us in good faith, and that you have had the opportunity to seek independent legal advice.

Invoices are automatically generated in accordance with the Client Agreement and can be requested at any time by emailing hello@antoinettenicholls.com.

Some of our payments are operated through an online and automated billing system (“Online Payment”).

Where your payments are made via Online Payment you agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you require a payment plan, please contact us at hello@antoinettenicholls.com.

In circumstances where we invoice you for payment, payment is due and payable with 7 working days. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

From time to time, the Company may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

Any refund requests will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds may be granted at the discretion of the Company. We have a right to refuse any refund for a change of mind.

Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in the Terms.

Right To Extend or Terminate

When you purchase a course or service from us, you are liable to pay for the entire product or service, whether you pay that as an upfront payment or you opt for the payment plan.

Should you discontinue learning during the term of a course, you will be provided with access to the material for the remainder of the course once you have paid for the entire program. Discontinuing your learning does not terminate your liability to pay the entire course.

You may request to extend your course learning term for up to three months for any reason by giving us notice of the requested extension at least 10 business days prior to the commencement of the extension. During this period of extension, you will continue to pay the course repayments, if you have not paid for the course upfront, and any extended period of time will be added to the end of your course to ensure you gain the full term of the course.

Extending your learning does not terminate your liability to pay the entire course, as per the initial schedule outlined in the Client Agreement.

You may terminate your Member profile and access to the Website for any reason only by providing written notice to us with 7 days notice. The date upon which we receiving your notice will be the “Date of Termination”. You can provide notice of termination by emailing us at hello@antoinettenicholls.com.

In the event that you owe money to the Company upon termination, full payment will become due at the Date of Termination.

Termination of your Member profile will not entitle you to reimbursement of subscription fees paid in advance and will not terminate your liability to pay the entire course, as per the initial schedule outlined in the Client Agreement.

Upon expiration or termination of the Client Agreement, the Company shall immediately cease to be liable to you in respect of the coaching services but you will continue to have access to the content relevant to the program or subscription and this material will be stored securely in your Member Profile until such time as you terminate your Member Profile. You will no longer have access to the Facebook Group(s), online coaching/live mentoring and communities, therefore, before terminating any subscription or your Member Profile, we strongly encourage you to speak with us about any concerns so that you are getting the most value from the program or subscription you have invested in.

We reserve the right to, without limitation, do any or all of the following in relation to our services:

1. suspend our services or products;

2. permanently or temporarily hide all or part of your Member profile offered as part of our services;

3. modify your Member profile;

4. terminate our services for any reason by providing notice to you by email;

5. terminate our services immediately without notice to you if you have committed a breach of the Terms and Conditions;

6. deactivate our services if you have not used the Website for a period of 12 months or more (from the date of last use); and/or

7. permanently or temporarily block your access to all or part of the Facebook Page(s) / Group(s), any other social media page associated with our brand or Website.

Your Content

When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (the “Community”) or events in which you may post comments, photos, messages or other material (“Your Content”).

When posting Your Content, you agree that you will not post or otherwise publish through the Website or the Community any of the following:

• Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;

• Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

• Information that includes personal or identifying information about another person without that person’s consent;

• Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity websites and internet platforms, except as otherwise expressly permitted by us;

• Any information or content that impersonates any person or entity;

• Any material, non-public information about companies without authorisation to do so; or

• Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By sharing or otherwise publishing Your Content on the Website or the Community, you:

• Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

• Warrant that you have the right to grant the above licences;

• Warrant that Your Content does not breach these Terms; and

• Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove Your Content that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

• Monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

Code of Conduct

The Website is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

Whilst using the Website & any of Antoinette Nicholls other platforms, pages & groups, you agree to not:

• Contact anyone who has asked not to be contacted;

• Collect personal data about other users for commercial or unlawful purposes;

• Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

• Infringe other user’s privacy rights;

• Violate the intellectual property of others;

• Promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

• Exploit any person under the age of 18, or to solicit information from anyone under 18;

• Solicit money, passwords or personal information from any person;

• Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website;

• "frame" or "mirror" any part of the Website without our prior written authorization;

• Use code or other devices containing any reference to the Website to direct other persons to any other web page;

• Except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.

Confidentiality

We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively “Confidential Information”) and by using our products and/or services, you agree to respect the same rights of the other participants of the programme (the “Participants”) and representatives of the Company.

You agree that any confidential information shared by the Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

You agree not to disclose such information to any other person or use it in any manner other than in discussion with Participants during the Sessions.

You agree that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

You agree that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

You agree that, while you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

Intellectual Property and Copyright

We own and retain all proprietary rights in and relating to the Website. Proprietary rights in and relating to the Website must not be used in any way without our prior written consent.

You acknowledge that you do not acquire any ownership rights by using the Website.

Copyright in material on the Website belongs to the Company, except where indicated otherwise.

The trademarks, logos, and service marks displayed on the Website are the registered or unregistered trademarks of the Company. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to the Company, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Company.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that the Company will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

You warrant that any Content that you post or transmit on the Website or otherwise transmit to any other Member by any other means, will not infringe the intellectual property rights of any third party.

Subject to our obligations under the Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on the Website, or otherwise transmitted to any Member, other than their own Content, without the express written permission of the relevant owner.

If you believe that any Content has been posted or transmitted on the Website, or otherwise transmitted to any Member by any other means, in violation of your rights, please send us an email to hello@antoinettenicholls.com.

External Activities

From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).

External Activities may be subject to separate terms and conditions.

You acknowledge that you participate in any External Activities entirely at your own risk.

In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third Parties Websites and Affiliates

From time to time, the Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control.

We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites you leave the Website entirely at your own risk.

From time to time, the Website may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

You understand that where we are able to supply third party products/services to you, we are not a supplier but are an intermediary buying agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products/services from third parties suggested to you through our service.

Although we will provide you with reasonable customer assistance where a third party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time.

We agree to facilitate returns for defective products, however will not be liable for the value of the defective products, as your contract of purchase will be directly with the third party supplier.

As affiliates of certain products and services we may receive compensation for promoting products/services on the Website.

Limitation of Liability and Indemnity

You acknowledge that you use the Website at your own risk.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Terms.

To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms, might apply in relation to your use of the Website.

To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your Client Agreement.

Under no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of the Terms.

We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within the Website, the Community or through use of our products or services.

Assignment

You cannot transfer or assign your membership without the Company’s prior written consent.

We may request to assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

Dispute Resolution

Unfortunately, it is possible that other Members of the Website may use the Website in violation of the Terms.

We urge you to be cautious when interacting with other Members. You should carefully select the Content that you post or transmit on the Website, or otherwise transmit to any other Member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your Member or Member profile. Any Content that you transmit or post on the Website, or otherwise transmit to any other Member, will be considered non-confidential.

If you are experiencing problems with any other Member and would like to make a complaint, please send us an email to hello@chloebisson.com.

We may record and store any information relating to any complaint made against you.

We reserve the right, but have no obligation, to monitor disputes between Members.

You agree to hold us harmless in connection with any dispute or claim that you make against any other Member.

Should a dispute arise between us, we strongly encourage you to contact the Company at hello@antoinettenicholls.com to seek a resolution.

Any reasonable requests will be considered and the Company will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Your Feedback

We welcome enquiries or feedback on the Website. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding the Website, or the Company products or services, please email us at hello@antoinettenicholls.com

Company Details

Company Name: Antoinette Nicholls

Australian Business Number: 23 969 049 261

Country: Australia

Telephone Number: +61 (0) 466 484 513

Email: hello@antoinettenicholls.com