Terms and Conditions

Definitions

  • Delivery - The provision of any goods or services by us to you.
  • Customer - If you have purchased something from us, you are a customer.
    • You - is a reference to the customer
  • Participant - Is the individual who undertakes the education, training or coaching session delivered by us.
    • It is possible to be a customer and a participant, this will ultimately depend on whether our goods or services were purchased on behalf of someone.
  • “us” or “we” - This could be a reference to Hoodic or a third party which we may be working with to deliver some aspect of this agreement to you.

Parties

  • This is a contract between the customer (also known as “you”) and Hoodic Pty Ltd (also known as “us” or “we”) trading as Hoodic, ABN 26 613 007 882.

Advice

  • A one-on-one consultation is the only possible setting where we may be able to sufficiently understand the participant’s situation to potentially provide advice or formal recommendations.
  • Unless we are conducting a one-on-one consultation; none of what we say at any time can or should be taken to constitute advice or formal recommendations.
  • In no event will we be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, health or wellbeing, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of our website, our services, any linked websites or comments made by any representative of Hoodic or its affiliates in any circumstances or across any media.

Consent

Your purchase and/or use of any of our goods or services is your agreement that you accept all the terms and conditions in this agreement. Some goods or services might include:

  • Our website
  • Our content
  • Our coaching, sessions or workshops, delivered electronically or in person
  • If the customer is not the participant, then the customer agrees to ensure any and all participants understand and agree to the terms of this agreement.
  • By entering into this agreement, the customer accepts the conditions which bind the customer and the participant.
    • The customer may have purchased on behalf of more than one participant, and in this case, they accept this agreement on behalf of all participants which they have purchased for.

Responsibilities

  • We are delivering educational, personal and professional development goods and services to the participant.
  • We are responsible for supporting the participant in the way described by the product offering which you have purchased. This responsibility we have towards you and the participant will rely on us being able to work cooperatively with both.
  • We may recommend the participant do exercises or tasks which are part of our delivery. If the participant does not attempt, adequately or to properly undertake the exercises or tasks, this may compromise the outcomes which they can achieve from working with us.
  • We cannot be held responsible for any lack of results from the participant’s failure to attempt to undertake the things we recommend.
  • We cannot be held responsible for any improper application or undertaking of the things we recommend the participant does.
  • There are several aspects to what we are providing which rely heavily on participant input.
  • Some areas which may require participant input or documents include, but are not limited to:
    • Resume / Curriculum Vitae (CV) and Cover Letter
    • Information about professional and academic background
  • We may need to analyse and work on these with the participant. We may need to suggest changes or improvements. They will be responsible for applying these and they understand that the results they can achieve with us may depend on this being done.
  • The information the participant provides us must be accurate and correct, we cannot be held responsible if we have been provided with inaccurate information.

Expectations upon the participant

  • In order to achieve your desired results, there will be expectations placed on the participant to do certain things as part of their role in succeeding at the goals we might set. If they do not undertake these things, they may not achieve results. If they do not raise any issues with their attempts at undertaking these things we cannot be expected to be able to know that they are in-fact facing difficulty, we cannot be held responsible for outcomes as a result of this.

Classes, Courses & Workshops

  • Participants may register to participate in classes, courses & workshops, often these will be conducted within a group setting. We do this as a way to support learning from others, group participation is key to these being successful exercises.
  • There is a certain conduct required from participants in order to avoid detracting from others’ learning.
  • If any participant is disruptive, they may be asked to modify their behaviour so others are able to participate properly in the sessions.
  • If participants continue to disrupt the sessions, they may be required to leave the session entirely. In this case, refund or compensation will not be possible for their exit from the session.

Third Parties

  • We may engage third parties to deliver all or part of the goods or services we are providing to participants.
  • We will decide what will be delivered by a third party and which will be delivered by us.
  • When we engage third parties to deliver our services, we will consider the need to provide high quality goods and/or services and make a decision based on considering that.

Delivery Location and Type

  • Our services may be delivered via the internet, phone or some other form of communications technology. Alternatively, our services may be delivered to in person at a location of our choosing.
  • We will decide where our services are delivered.
  • In situations where the customer is different to the participant;
    • and there is a single customer involved in the delivery of a group of goods or services;
    • we will negotiate a mutually agreed location to deliver goods or services with the customer.
  • When we decide how to deliver our services, we will consider the need to provide high quality goods and/or services and make a decision based on considering that.

Copyright and Intellectual Property

  • Any material provided by us as part of delivering any goods or services to participants remains our intellectual property. Participants are granted a license for personal use of it.
  • No material produced by us can be reproduced without explicit permission in writing from Hoodic.
  • Material on our website, including text and images, coaching materials and tools used or presented during any coaching session, or as part of a coaching program or group workshop, or sent to the recipient via email or mail is protected by copyright law and is copyright to Hoodic unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for a participant’s own personal, non-commercial use.
  • Prior written consent of the copyright holder must be obtained for any other use of material.
  • No part of our website, or the material provided during a coaching session, program or workshop may be distributed or copied for any commercial purpose or financial gain.
  • All intellectual property rights in relation to our website are reserved and owned by Hoodic Pty Ltd.

Limitations of Liability

  • We will not be liable for the following:
    • Any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care.
    • Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into a contract, the loss was either contemplated by us, you or the participant or we were notified by you or the participant that the loss may occur if we breached the contract or our legal duty of care.

Inclusions

  • The only items to be included are those which are described in the product or service description or proposal.

Exclusions

  • Anything not explicitly mentioned as being delivered as part of the goods or services is excluded.

Termination

By Hoodic

  • If we have made three unsuccessful attempts at communicating with the participant to undertake the work as specified in this agreement, we may decide to terminate this contract. If this happens we will be considered to have discharged our obligations under this contract.

By Customer

  • You may decide to terminate our agreement before all obligations are fully discharged, if you do, that is your decision, but you must understand that no refund or credit will be provided.

By Delivery

  • After the deliverables in this contract have been fulfilled, the obligations in this contract are considered to have been fulfilled, and at this point, any obligation we have towards you will be through an additional agreement.

Governing Law

Jurisdiction

  • This agreement is made under the laws and jurisdiction of the Australian state of Victoria.

Implied Legislation

  • There may be federal, state and local laws which imply provisions into this agreement, this agreement intends to fully respect and uphold those laws.

Tax and GST Liability

  • You are liable to pay all sales taxes, we will collect them on your behalf and forward them to the Australian Taxation Office.
  • All our goods and services attract a Goods and Services Tax (GST).

Liability

  • We are liable only for the goods or services which are specified to be delivered under this agreement.

Warranty

  • Our goods and services are warranted to perform as expected under the relevant  state and laws.

Availability

  • We may decide to stop providing any goods or services at any time, this is solely our decision.
  • At any point in time, if we are obligated to deliver any good or service and decide to stop offering that particular good or service for purchase, we will still provide that good or service, otherwise provide you an appropriate alternative.

Returns and Refunds

  • Subject to the relevant laws, returns and refunds are only possible in circumstances where there have been issues with the delivery of goods or services under warranty circumstances or if we have been unable to supply or deliver what was agreed to be purchased.

Severability

  • Each provision contained in this agreement is a separate and independent provision. If a court decides any provision to be unenforceable in whole or in part, the enforceability of the remainder of the provision and any other provision in the agreement will not be affected.

Updates to this Agreement

  • Hoodic may change the terms and conditions from time to time by updating this agreement. You should check this agreement from time to time to ensure that you are happy with any changes.
  • If you obtained any goods or services from us and a previous version of this agreement applied, those previous terms still apply.
  • The updated version of this agreement will apply for future purchases, including if you have made a recurring purchase.

 

Fitness for Purpose

  • Our goods and services are only claimed to be fit for purposes which we have stated in our product marketing or sales.
  • Any fitness for purpose which you have assumed without confirming with us is entirely your own conclusion and one which we may not share with you.
  • If you are in any doubt about the fitness for purpose of any goods and services we offer, please do not hesitate to contact us for clarity.

Accuracy

We make every effort to ensure everything we say about or within our goods and services is accurate.

Regarding any information, all our goods and services are provided “as is” and we make no representations or warranties about their:

  • Accuracy
  • Usefulness
  • Completeness

The exception to this is that any local, state or federal legislation that provides you any warranty or expectation of fitness for purpose, remains valid.

Everything we describe about our goods and services is done in good faith.

We may not keep all information up to date.

We may unintentionally mislead you.

Our website may not always be available for use.

IT Security and Antivirus

We take IT security seriously, we can’t be certain that our websites or IT systems will be free of errors, viruses, security issues or bugs. You understand that it’s your responsibility to protect against these threats. We recommend you scan any files before downloading.

Payment

Payment for all our goods and services must be made prior to them being delivered, rendered or otherwise supplied to you.

Fees and Charges

Fees and charges for any products and services provided by Hoodic are subject to change from time to time.  All active clients will be notified of any changes either in writing or over the phone, prior to their next session.

Cancellations

We appreciate that there may be some unforeseen circumstances that impact your actual availability. It will be at our discretion whether or not we charge you a cancellation fee. Please consider this before making any changes or cancellations.  We require a minimum 24 hours notice.

 

We are entitled to charge a cancellation fee. These fees are structured as follows;

Coaching

Within 24 hours failure to notify your coach about a need to cancel a booked coaching session  = 100% charge (of the pre-arranged session cost).

Failure to show up for your booked coaching session = 100% charge (of the pre-arranged session cost).

 

Workshop

  • If a participant is unable to attend a scheduled workshop due to an unforeseen reason, we must be notified in writing within 24 hours of the workshop’s start that the participant would like to opt to participate in the next scheduled workshop of the same topic.
  • This option of participating in another session will only be possible if we are actually going to run another session of the same topic type, the decision to run another session will be solely ours to make.
  • The option of a make-up session is only possible if the make-up session is due to run within 1 month of the original session being scheduled.
  • The option to attend a make-up session will only be provided once per workshop fee. So if a make-up session is offered by us and it is missed by the participant, the fee will be forfeited. In this case the participant would need another workshop attendance fee to be purchased if they wished to participate in another workshop.
  • You must notify us within 24 hours of the workshop being scheduled to be able to transfer your booking to the next scheduling of the same workshop. It is solely at our discretion as to whether we allow this.

Feedback and Contact Information

If you have any questions or suggestions regarding this terms and conditions, please contact us at: *protected email*