Terms & Conditions

GENERAL CONDITIONS

Welcome to Hamilton Coaching website, www.hamiltoncoaching.com.au. This site is owned, managed and published by Judy and Darren Hamilton, Sydney, (hereinafter referred to as “Hamilton Coaching”).

Please read these Terms and Conditions carefully before using our services. They govern your use of all our websites, services (including Facebook, LinkedIn, Twitter, and Instagram sites), products, and content (“Sites”).

By accessing www.hamiltoncoaching.com.au and our other Sites, registering for services, or accepting, uploading, submitting or downloading any information or products or content from our Sites implies the full and complete acceptance of the Terms and Conditions.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE OUR SITES.

We reserve the right to refuse service to anyone for any reason, at any time.

DISCLAIMER

Our Sites are provided for informational, educational, and self-empowerment purposes.

The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only and is made available to you as self-help tools and services for your own use. When serving as a Coach, whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that we are supporting you in our role exclusively as a Coach, and in no other role.

Coaching: The client is aware that coaching is in no way to be construed as psychological counselling or any type of therapy. Coaching results are not guaranteed. The client enters into the coaching with the full understanding that they are responsible for creating their own results. The client will endeavour to follow through on everything agreed to during the coaching session. The client will agree to ‘push through’ challenges that might arise to make the most of this coaching experience.

Not Legal or Financial Advice: The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own solicitor, lawyer, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and country. It is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.

Personal Responsibility: Our Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services. You acknowledge that you take full responsibility for your life and professional decisions, for all decisions now and in the future.

No Guarantees of Income or of Any Kind: Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors. As with any coaching-related program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any earnings or income statements or examples shown through our Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results.

Testimonials: We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to our Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on this Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.

LIMITATION OF LIABILITY

The services and all products delivered to you through the Sites are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, with no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

“Hamilton Coaching” shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, our Sites.

You expressly agree that your use of, or inability to use, our Sites is at your sole risk.

Exceptions: Nothing in this disclaimer will exclude or limit any warranty implied by law where it would be unlawful to exclude or limit.

Reasonableness: By using the Sites, you agree that the exclusions and limitations of liability set out in the terms and conditions are reasonable. If you do not think they are reasonable, you must not use the Sites.

Unenforceable provisions: If any provision of this disclaimer is or is found to be, unenforceable under applicable law, will not affect the enforceability of the other provisions of this disclaimer.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Please note that “Hamilton Coaching” does not guarantee the accuracy, relevance, timeliness, or completeness of any information on the Sites.

“Hamilton Coaching” will use its reasonable endeavours to ensure that our Sites and the facilities thereon (including newsletters, personal emails, resources and programs) are available at all times and that “Hamilton Coaching” supplied content is true, accurate and error free. However, we do not guarantee this and offer no warranties unless specifically stated.

Access to our Sites may be interrupted and information, content and materials may not be error-free. “Hamilton Coaching” publishes information as a convenience to its visitors and users. While we try to provide correct and timely information, there may be information that has typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the websites is inaccurate at any time without prior notice (including after you commenced a program or service).

We are not responsible if information made available through our Sites is not accurate, complete or current. We provide the material on our Sites for general information. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material from our “Services” is at your own risk.

The contents of our Sites including information and advertising references, unless stated to the contrary, do not constitute binding offers.

CHANGES TO CONTENT AND TERMS AND CONDITIONS

“Hamilton Coaching” may make any modifications it deems appropriate to the Content and may change or delete any of it, fully or partially, including the way it is presented or where it is located, without prior notice. Features and specifications of products or services described or depicted on our Sites are subject to change at any time without notice.

Our Sites may contain certain historical information. Historical information is not current and is provided for your reference only.

You can review the most current version of the Terms and Conditions on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions, to adapt them to new laws or due to strategic corporate decisions.

It is your responsibility to check our website for changes. Your continued use of or access to our Sites following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

LINKS TO THIRD-PARTY CONTENT AND WEBSITES

Our Sites may contain third-party owned content (e.g., articles, data feeds, abstracts, etc.) and may include hyper-links to third-party owned sites. We offer such third-party content and links as a courtesy to our users.

Our Sites may from time to time contain hyper-links to third-party websites or services that are not owned or controlled by “Hamilton Coaching”.

The inclusion of any links does not imply a recommendation or endorse the views expressed within them.

We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that “Hamilton Coaching” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such linked websites or services.

Linking Policy

You may link our Sites only with our consent. Any such linking will be completely your responsibility and at your expense. By linking, you must not alter any of our Sites’ contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Any website that links to our Sites

i. must not frame or create a browser or border environment around any of the Content of the Sites

ii. may link to, but not replicate, the Content

iii. must not imply that “Hamilton Coaching” or the Sites is endorsing or sponsoring it or its products unless we have given our prior written consent

iv. must not present false information about “Hamilton Coaching” or its Sites, products or services

v. must not use any “Hamilton Coaching” trademarks without the prior written permission from us

vi. must not contain content that could be construed as distasteful, offensive or controversial

vii. must not engage in behaviour specifically prohibited by these Terms and Conditions

By linking to any part of the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny permission to link to the Sites for any reason in our sole and absolute discretion.

Advertising and Sponsorships

We do not accept paid advertisements or sponsorships on our Sites.

Affiliates

From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange, we receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote, and we only promote or share the programs, products and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of my affiliates, including any of their programs, products or services.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless “Hamilton Coaching” and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party. Notwithstanding the foregoing, “Hamilton Coaching” retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the Terms and Conditions, and under this Indemnity provision and in no event shall you settle any such claim without our prior written approval.

GOVERNING LAW/APPLICABLE LAW/JURISDICTION

Our Sites can be accessed from Australia and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of New South Wales, without regard to any principles of conflicts of law, will apply to all matters relating to the use of our Sites.

By accessing our Sites, any product, content and/or packages offered by “Hamilton Coaching” you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

The applicable law to the Terms and Conditions and to disputes arising out of Terms and Conditions is the law of the State of NSW, Australia.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.

CONFIDENTIALITY OF COACHING SESSIONS

‘Hamilton Coaching’ recognises that anything a client shares in a session is regarded as confidential, whether business or personal information. Any notes we make during the Session or about you are kept confidential.

As your coach, we will not use or disclose the information You share during your Sessions, except as authorised by you or as required by law.

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.

LIVE SESSIONS AND WORKSHOPS

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

‘Hamilton Coaching’ reserves the right to exclude you from any Session should you, in our sole determination, become disruptive.

You understand and acknowledge that ‘Hamilton Coaching’ 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 ‘Hamilton Coaching’.

You hereby waive any and all legal rights you may have against ‘Hamilton Coaching’ in respect of Recordings of your participation in the Session and grant to ‘Hamilton Coaching’ 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 ‘Hamilton Coaching’ from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

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

TERMINATION

We may terminate or suspend access to our Sites immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

To contact us with any questions or concerns in connection with these Terms and Conditions or the Sites, or to provide any notice under these Terms and Conditions to us please contact us via email info@hamiltoncoaching.com.au.

CANCELLATIONS

We understand that you may need to cancel for a range of reasons. Fees paid are non-refundable after the commencement of Sessions. If withdrawn prior to the start date a $50 AUD Administration Fee will be retained.

In the unlikely occurrence that “Hamilton Coaching’ cancels a re-occurring Session, you will not receive a refund for that particular Session.

The Sites and its original content, features, and functionality are owned by Judy and Darren Hamilton and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

When you visit our Sites, we grant you a personal, limited, non-exclusive, non-transferable licence to access and use our information and services contained for personal use.

You are permitted to download a copy of the information on our Sites to your computer for your personal use, only as long as you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

The licence to access and use the information on our Sites does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta tag or mirror our Sites without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our Sites.

Any unauthorised use of the words or images on our Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Sites.

We do not authorise the purchase of our programs or resources for resale purposes. We reserve the right in our sole discretion to cease doing business with those clients that we suspect are violating this policy. We may modify this policy at any time without prior notice.

PROHIBITED USES

The Sites, services and products may be used only for lawful purposes.

“Hamilton Coaching” will investigate occurrences violations of system or network security and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You represent, warrant and agree that you will comply with the below security rules.

You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:

i. Accessing data not intended for you or logging into an account, which you are not authorised to access

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation (or succeeding in such an attempt)

iii. Attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing” the Sites

In addition to other prohibitions as set out in these Terms and Conditions, you are prohibited from using the Sites or their content:

i. For any unlawful purpose

ii. To solicit others to perform or participate in any unlawful acts

iii. To violate any international, federal, or state regulations, rules, laws, or local ordinances

iv. To infringe upon or violate our intellectual property rights or the intellectual property rights of others

v. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

vi. To submit false or misleading information

vii. To collect or track the personal information of others

viii. For any obscene or immoral purpose

Note that this should be regarded as a guideline to the spirit of what is prohibited. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

REGISTRATION FOR ACCESS TO PORTIONS OF SITE

Registration may be required for the use of certain portions of the Sites (e.g., email newsletters, webinars, specialised content downloads, programs, etc.).

Registration data and certain information about you are subject to the privacy statement within these Terms and Conditions. Please read the privacy statement for information on how your data will be handled. If you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information.

As a result of such registration, you may be provided with a username and password for which you will be responsible. If you create a user account or register for a restricted portion of the Sites, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Sites using your name, username or password in whole or in part.

You agree to accept responsibility for all activities that occur under your account or password, if any and agree you will not sell, transfer or assign your user account. The user will be liable for any consequences of any inappropriate use that may occur and for any damages of any kind caused to “Hamilton Coaching” and/or any other user or third-party for a breach of these Terms and Conditions.

“Hamilton Coaching” reserve the right to remove any comments or content published by anyone on our Sites which, in our judgement, are not adequate for publication or to demand the person immediately remove them, as well as deny or remove access to our Sites and/or the Content offered by anyone violates these Terms and Conditions, upon the decision of “Hamilton Coaching”.

Furthermore, “Hamilton Coaching” reserves the right to request the immediate removal of any link, comment or content in relation to our Sites that has been used, disseminated, distributed, published, exported, exploited, reproduced or copied in violation of these Terms and Conditions through any means and on any medium. “Hamilton Coaching” will take legal action for any breach of these Terms and Conditions as well as any improper use of our Sites, exercising all actions possible including any criminal actions that may correspond as per the law.

Newsletter/Emails

By giving your consent, you can subscribe to our newsletter, which we use to inform you about our latest interesting offers. The promoted programs and services are specified in the declaration of consent.

We use the provider ActiveCampaign. The data stored during registration will be transmitted to and stored by ActiveCampaign. The data entered during registration will not be transmitted to any other third-parties.

The data stored when you subscribed to the newsletter (email address, phone number, name, IP address, and time and date of registration etc) will be sent to a server operated by ActiveCampaign in the USA and stored and processed there in compliance with the so-called “Privacy Shield”. The privacy policy of the ActiveCampaign service is available at https://www.activecampaign.com/privacy-policy

We use an opt-in process for subscriptions to our newsletter. In addition, we store your IP addresses and the date and time of your subscription and confirmation. This process allows us to demonstrate that you have subscribed to the newsletter and to investigate any possible misuse of your personal data.

The only mandatory information you need is your phone number, email address and name. The requirement of additional, separately marked data is voluntary and will be used to address you individually. We store your email address for the purpose of sending you the newsletter.

You can withdraw your consent and unsubscribe from the newsletter at any time. You can withdraw your consent by clicking on a link provided in every newsletter, or by sending us a message using the contact page.

We analyse usage patterns when sending the newsletter. For this analysis, the e-mails sent contain so-called web beacons or tracking pixels that represent one-pixel image files stored on our Sites. For evaluation purposes, we link the above data and web beacons to your email address and your individual ID. Links included in the newsletter also contain this ID.

The information will be stored as long you are subscribed to the newsletter. Such tracking is also not possible if you have deactivated the display of images in your email program by default. In this case, the newsletter will not be displayed completely, and you may not be able to use all the functions and features. If you display the external content manually, the above-mentioned tracking will work.

User Comments, Feedback and Other Submissions

Your comment will be published with your name. Only your name and email address are required, all other information is optional. If you leave a comment, we will continue to store your IP address, which we will delete after one week. The storage is necessary for us to be able to defend ourselves against any potential liability claims due to the publication of illegal content.

Any public comment, feedback, idea or suggestion (called “comments”) which you provide to us through our Sites becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. This licence does not apply to the message content of your personal messaging, the privacy and integrity of which will be respected at all times.

We may, but have no obligation to, monitor, edit or remove content and/or comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.