TERMS AND CONDITIONS
These are the terms and conditions that apply to the coaching and consulting programs and online products offered by Claire Seeber trading as Eating your Cake too. These terms and conditions are to be read together with any other formal written agreements between us. These documents together form our entire agreement.
The terms and conditions will become binding once you agree to proceed with a program, use a program or make a payment for a program. The terms and conditions in this agreement (“Agreement”) are between the purchaser (“you” or the “Client”) and Claire Seeber of Eating your Cake too ("we" , “I”, or the "Consultant"). Collectively, all of the above people or businesses entering this Agreement will be referred to as the “Parties”.
PURPOSE OF THE AGREEMENT
The Client (“you”) wishes to hire the Claire Seeber of Eating your Cake too to provide services relating to the Client’s personal and professional needs, or on behalf of the Client’s Organisation, as detailed in this Agreement. Claire Seeber has agreed to provide such services according to the terms of this Agreement.
- SERVICES AND PRODUCTS
Services: At a mutually agreed time, I will provide you with one or more of the following services ("Services"):
1 on 1 Private Coaching Programs
- My programs are delivered online, face to face, via telephone, or a mixture of all three.
- If you sign up to the 6 month 1 on 1 Private Coaching Program from Eating your Cake too you will receive:
2.1. One 90 minute kick off session with me online
2.2. Six 60 minute coaching sessions with me online
2.3. Unlimited email and text support from me between sessions
2.4. Pre-work to complete and customised work for you to do between sessions.
2.5. A copy of the “Get what you want at work Kit”.
2.6. Invitation to extend for a second round at the end of the 6 month program
Transform your Career – 6 Week Online Group Program
- If you sign up to the Transform your Career – 6 week Group Program (Online) from Eating your Cake too you will get:
3.1. Six 60 minute group coaching sessions with me online
3.2. Six Workbooks for you to complete covering off each of the program pillars
3.3. Unlimited email and text support from me between sessions if selecting the ‘VIP Future Proof’ option
3.4. Pre-work to complete and customised work for you to do between sessions
3.5 One 30 minute 1 on 1 Career Strategy call with me if selecting the ‘VIP Future Proof’ option.
Your Game Plan for Career Success (Pre-Recorded) Training
If you sign up to purchase the ‘Your Career Game Plan for Sustained Success’ Training (Pre-Recorded)’ from Eating your Cake too you will receive:
3.6. Lifetime access to a pre-recorded training session on ‘Your Career Game Plan for Sustained Success’.
3.7. A Workbook to accompany the Masterclass for you to work through as you complete the training.
E-BOOK – ‘Get what you want at Work’ Kit
If you sign up to purchase the E-BOOK ‘Get what you want at Work Kit’ from Eating your Cake too you will receive:
3.8. Lifetime access to the ‘Get what you want at work’ Online kit
3.9. Please note, for all products, if you are offered online access to live sessions or workshops, you must participate at the time they are offered. Your failure to attend a live session or workshop does not entitle you to a refund.
- FREQUENCY, DURATION AND DELIVERY
2.1. I will provide you 1:1 career and leadership coaching through in-person, internet, or telephone meetings. For clarity, unless agreed otherwise, sessions will be conducted via video conferencing. All other correspondence pertaining to the Services will be via email or text. I will contact you prior to a session to work out a mutually agreeable time for the session to be delivered, or you will book through my private client online automated booking system.
2.2. You must use all your 1:1 sessions before the end of your program term. Any unused sessions will expire at the end of the term.
2.3. You agree to give me at least 24 hours’ notice if you need to reschedule a session. You must reschedule your sessions within your program term, otherwise they will expire at the end of the term. I will attempt in good faith to reschedule a missed session before the end of your program term but cannot guarantee that I will be available.
- In the event that I cannot or will not perform my obligations in any or all parts of this Agreement, I (or a responsible party) will:
3.1. Immediately give Notice to you in writing; and
3.2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3.3. Excuse you of any further performance and/or payment obligations in this Agreement.
- Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement, including:
4.1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
4.2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
4.3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
- FEES AND PAYMENT TERMS
3.1. You agree to pay the fees in full and on time whether or not you use or access all components of a program or any/all of the content that may be provided to you in the online portal.
3.2. If you sign up to my programs via online links, you will be required to make your first payment, whether in part or in full (depending on your chosen payment option) as part of the onboarding process. If you are paying by instalments, the instalments after the first instalment will be due in line with the terms you agreed to as part of your payment plan.
3.3. Payment may be made via PayPal or credit or debit card, processed by Stripe.
3.4. If you are paying by instalments and you are in arrears with your payments, your services and your access to the online portal may be suspended until all fees are paid up to date. This does not change the timeframe of this agreement. Your sessions may still expire at the end of the term and you will be liable to pay for the full amount of the program.
3.5. If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that I incur in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.
- PROTECTIONS AND RELATIONSHIP
4.1. Copyright Ownership: In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this agreement, the contributing party owns all copyrights in any and all work(s) it creates or produces in accordance with the Copyright Act 1968 (Cth) and any other applicable legislation.
4.2. Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
4.3. Permitted Uses of Material(s): The Consultant grants the Client a non-exclusive licence of product(s) produced with and for Client for personal use only so long as Client provides the Consultant with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is the Client allowed to share the Consultants materials with any third party without Consultants express prior written permission.
4.4. Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (“Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
4.5. At all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.
4.6. This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorisation of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
4.7. Relationship of the Parties: The Consultant and any related subcontractors are not employees, partners or members of the Client’s company or organisation. The Consultant has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. The Consultant has the right to hire assistants, subcontractors or employees to provide the Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, taxes, registrations or permits. The Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to the Consultant.
- LIMIT OF LIABILITY
5.1. Maximum Damages: You agree that the maximum amount of damages you are entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by me.
5.2. Indemnification: You agree to indemnify and hold harmless the Consultant (“me”), its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or coaching, you agree to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, legal fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, you waive the right to directly or indirectly ask or force the me to pay for any such damages.
5.3. Guarantees: You understand that I cannot make any guarantees as to the results, including financial or other gains, of the strategic guidance provided. I commit to providing the Services listed in this Agreement in a reasonable and timely manner. You agree to take responsibility for your own actions and results.
5.4. You agree that using any of the Services provided by the Consultant (“me”) is entirely at your own risk. You understand and acknowledge that you are fully responsible for your own choices and actions. The Consultant (“me”) will not be liable legally or otherwise, for the actions that the Client (“you”) may or may not take because of the sessions. You agree not to hold the Consultant, responsible or liable for such actions taken of your own accord. Periodically the Consultant (“me”) may provide links to websites or written print material, which may be of value, interest and convenience to the Client (“you”). This does not constitute endorsement of that material or any associated organisation’s product or service. It is your responsibility to make an informed decision about the accuracy of the information. In no event is the Consultant deemed to be liable for any incident or consequential damages resulting from use of such material.
5.5 Release: You confirm that you have spent a satisfactory amount of time reviewing the Consultant's work or past client reviews and have a reasonable expectation that the Consultant’s Services will produce a reasonably similar outcome and result for yourself.
5.6. Disclaimer: The Consultant’s (“my”) programs aim to provide a thought-provoking and creative process that inspires you to maximise personal and professional potential. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs will depend on your personal circumstances and the effort you put in.
5.6.1 You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.
5.6.2 While I will use reasonable skills and care in delivering my programs, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.
5.6.3 You are responsible for your own decisions, choices, actions and results when implementing my coaching and training into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.
5.6.4 While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything provided in my online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in my online portal is provided “as is” without warranty or condition of any kind.
5.6.5 Information provided in my online portal is for educational purposes only and we take no responsibility for any use made by you of the information supplied.
5.5.6 You understand that my programs are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.
- GENERAL PROVISIONS
6.1 Governing Law: This Agreement is governed by the laws of Western Australia and you agree to submit to the jurisdiction of the courts of Western Australia.
6.2 Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
- Notice: Parties shall provide effective notice (“Notice”) to each other if made to the other party by any of the following methods;
- personally served (by hand or by courier);
- by post; or by email (provided that the sender receives a delivery and/or read receipt from the recipient).
6.2.2 A Notice is deemed to be made at the time of delivery if made by hand or courier; 5 days from the date of mailing if made by post; or if made by email on the date of sending provided that the required receipt is received.
6.3 Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
6.4 Amendment: The terms and conditions of this Agreement may be modified only by written agreement signed by both parties.
6.5 Dispute Resolution: If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
6.6 Headings: Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.