TERMS & CONDITIONS
As of January 2021
Welcome to the BE UNSTOPPABLE FOUNDATION website: www.beunstoppablefoundation.org
This website is owned and operated by BE UNSTOPPABLE FOUNDATION Ltd – ABN 14 646 627 796, (referred throughout this document as “BE UNSTOPPABLE”, “us” or “we”). These terms below set forth the Terms and Conditions under which you, the User (referred throughout this document as “User” or “you”) may use our website, products, programs and services as offered by us. This website (referred throughout this document as “Site”) offers visitors information about our coaching, speaking and training services, personal and professional development programs and other products and services for the promotion and cultivation of ‘Positive Mental Health’ and development for individuals and organisations.
By accessing or using our Site, you acknowledge and approve that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use this Site. In addition, when you use any of our current or future services, products and programs, you will also be subject to our guidelines, terms and conditions and other agreements applicable to the provision of those services. BE UNSTOPPABLE’s Terms and Conditions are binding.
WHO CAN USE OUR WEBSITE?
RESTRICTIONS ON USE – INTELLECTUAL PROPERTY AND TRADEMARKS
Intellectual Property owned by BE UNSTOPPABLE includes all trademarks, copyrights, processes, tools, materials, know-how, registered designs or other like rights (registered or otherwise), including use of the trademarked name BE UNSTOPPABLE and logo, as well as the trademarked D-R-I-V-E coaching model and logo and UNSTOPPABLE Kids name and logo. All content contained on our Site including but not limited to: text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations and software, is the property of BE UNSTOPPABLE or the property of our service providers and affiliates, protected by both Australian and International copyright laws, including laws for registered Trademarks.
As a User of our Site, you are granted a limited access licence to personally use our Site, however you do not have licence, consent or the right to copy, reproduce, republish, download (other than page caching), upload, post, transmit or distribute, reproduce any of the processes, techniques, presentations, methodologies and materials used throughout this Site or by the coach or facilitator in coaching or service activities purchased by the User. The User must not at any time use or reproduce the materials in any manner, shape or form (unless granted written consent by BE UNSTOPPABLE). The User is not permitted to resell any product or services purchased from BE UNSTOPPABLE or exploit our products and services for personal and commercial gain. The User is permitted to download one (1) copy of the program content that we make available to you after purchase, for use on a single computer for your personal, non-commercial, home use only, provided that you adhere to Intellectual Property and Trademark Laws, keeping intact all copyright, trademark and other proprietary rights notices, that you do not modify any of the content or use our content in a manner that suggests an association with any other products, service or brand. Your use of program content and other services we provide on any other websites or computer environments is strictly prohibited.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our Site’s home page, provided that the link does not portray us or our affiliates, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent. The link to our Site’s homepage can be used to direct other potential clients to our site for the purpose of us helping them develop in some way, in order for those individuals to directly communicate with us.
The User shall indemnify and keep BE UNSTOPPABLE and its contracted collaborative coaches indemnified in respect of any loss or damage caused or sustained in the event of the User’s breach of the restrictions of use, as outlined above.
NO WARRANTIES GIVEN
The content of our Site is provided “as is”, without warranties or guarantees of any kind, expressed or implied. Whilst every endeavour will be made to assist all Users and clients positively progress in some way, BE UNSTOPPABLE and its contracted collaborative coaches who provide coaching and other services, make no representation or warranty to the User or client that any of the coaching methods, practices, programs, training sessions and anything else identified on our Site and service and product provisions list will work for the User or client’s particular circumstances. The User and client will not hold the BE UNSTOPPABLE or the contracted collaborative coaches who provide coaching and other services responsible for the failure (in whole or part) to achieve any of the Users or client’s goals.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on our Site. Our Site’s services, products and programs as described are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of our services, products and programs do not assume, and shall not have any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website and corresponding emails for purchased programs and services. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health care professional. Never disregard the medical advice of a psychologist, physician or other health care professional, or delay in seeking such advice, because of the information offered or provided within or through our Site.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined throughout these Terms and Conditions) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
You hereby agree to full indemnification to all parties involved in our business, expressed through our Site and in other business materials, communication and contact. You agree to indemnify, defend, and hold us, and our affiliates, successors, distributors, agents, representatives and other authorised users, and each of their respective officers, directors, owners, managers, members, employees, contracted collaborative coaches and other representatives (collectively identified as the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms and Conditions. You shall actively cooperate with us should a requirement of defence of any claim be needed. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
You hereby agree that under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from the use of, or any inability to use our Site or any content or functions. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including legal fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to our Site, at a maximum rate of the price the User paid for the product or service.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of 'force majeure' or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, civil disputes or labour shortages, natural disasters, governmental actions, health disasters and pandemics, and orders of domestic or foreign courts or tribunals. Neither we nor any other indemnified party is responsible or liable for any incompatibility between our Site and any site, service, software or hardware, or any delay or failure you may experience with any transmission or transaction related to actions taken with our Site.
TERMINATION CLAUSE AND TERMS
Either party (you or us) may terminate the binding agreement of these Terms and Conditions with provision and action of the following circumstances and terms:
You may terminate these Terms and Conditions by notifying us in writing via email, that you wish to terminate an active agreement before the end of the program, coaching or business schedule completion date (in accordance with the additional contractual agreement Terms and Conditions signed prior to work commencing).
You may terminate these Terms and Conditions by discontinuing your access to and use of our Site and associated electronic emails and contact mediums as a result of purchasing a program or product, and subsequently destroying all materials obtained from BE UNSTOPPABLE, including all related documentation, files, downloads and communication. If you intend to terminate these Terms and Conditions, you are required to notify us IN WRITING by sending notice of such termination for our approval.
We may terminate these Terms and Conditions (including your access to and use of our Site) without cause and without notice to you, at our sole discretion. Upon termination, you must cease any access to or use of our Site and destroy all materials obtained from our Site and from BE UNSTOPPABLE, including all related documentation, files, downloads and communication. We have adopted and implemented a policy that provides for this termination, in appropriate circumstances, of Users who are repeat infringers of Intellectual Property – copyright and trademark laws.
Termination of the provision of services, products and programs may occur if either party fails to perform or observe any of the Terms and Conditions implied herein, and fails to remedy such a breach within 5 business days of a notice form to remedy that failure.
Termination of Terms and Conditions may apply in the event of an insolvency event occurring in relation to either party (for example, becoming bankrupt or some arrangement or court order is made or proposed in relation to all or any of your or our assets).
In the event that these Terms and Conditions are terminated, the provision and adherence to Australian and International Intellectual Property Laws, governing copyright and trademarks, which by their nature will supersede and survive the termination of these Terms and Conditions and shall remain applicable to all Users, past and present.
PURCHASES THROUGH OUR WEBSITE
When buying one of the BE UNSTOPPABLE programs, add-on counselling or coaching services or other products offered on our Site, you agree that you are responsible for reading the full item listing before making a commitment to buy it, and that you will enter into a legally binding contract, governed by these Terms and Conditions, to purchase the product or service offered, when you complete the check-out payment process.
The prices we charge for purchasing our programs, products and some services are listed on our Site. We reserve the right to change our prices for products or services displayed at any time, and to correct pricing errors that may inadvertently occur, without notice. Under Australian Law, Goods and Services Tax (GST) is added to or included in the price of all goods and services. The consideration for BE UNSTOPPABLE products, programs and services provided to Users is exclusive of GST. 10% GST will be added to the amounts payable by the Users and clients, at the point of check-out (unless stated as included in the prices shown) according to the Goods and Services Tax Act 1999.
RETURN AND REFUND POLICY
BE UNSTOPPABLE offers Users a variety of 'positive mental health' and personal development programs, products, counselling, coaching and training services. We work with Users and Clients based on the following understanding and implied acceptance by all Users and Clients. The actions and decisions made by Users and Clients is their ‘own doing’ and as such, should an outcome occur not to their liking, then an assumption of return or refund is not accepted, based on outcomes. The provision of working with BE UNSTOPPABLE products and services is based as follows:
Understanding that coaching is a collaborative, goal-directed process. Throughout the working relationship the coach engages in direct, personal and often challenging conversations and/or educating on coaching frameworks and 'positive mental health' development. Successful coaching requires an active collaborative approach between client and coach. The coach plays the role of facilitator of change; it is the client’s responsibility to enact the change.
Understanding that the role of the coaching process is to provide an opportunity for discussion and review regarding personal, professional and business circumstances. The discussion is between the coach and the client/coachee. The coach may offer comments about such circumstances only to stimulate analysis and discussion and not in such a way that they specifically will be acted upon by Users and Clients, Users and Clients acknowledge and accept that they are solely responsible to evaluate the correctness of any such comment or course of action. If a User or Client does take any action or makes a decision following any coaching session or discussion, then the User or Client acknowledges that they are totally responsible for the outcome of those decisions and actions, and that BE UNSTOPPABLE and their contracted collaborative coaches and service providers will not be held responsible in any way for the outcome of any such actions, as expressed in the Terms and Conditions set forth in this document. In the event that the User or Client is not satisfied with the outcome of their own decisions, no refund for products or service fees will be issued.
The 'Positive Mental Health' and Personal Development Programs are a guided process that educates Users regarding their own psychology, how to control their thoughts, emotions and actions, how to strengthen their mindset and cultivate ‘Positive Mental Health’ and how to set and achieve goals, amongst other things. This process is a slow and progressive learning journey, where commitment to the change must be enabled by the User, without expectation of a refund of the program fees after a short period of time of not seeing results. Positive, progressive results are achieved over time, on average one month minimum to begin the change process and heightened self-awareness (this may be quicker for some people). If you commit to doing all the steps and worksheets as outlined in the programs, YOU WILL SEE AND EXPERIENCE AMAZING RESULTS. We believe you can do this… we have seen this change in countless numbers of happy clients.
You have 7-days from the date of purchase to request a refund and cancel the program or service you have ordered from BE UNSTOPPABLE. Refund requests and cancellations must be sent IN WRITING to us for approval. If we receive a request for cancellation or refund on or before the 7th day of purchase, you will receive a full refund. If the request is received on or after the 7th day of purchase, no refund will be issued.
In the event that a User purchased a physical program manual and decides not to complete the program, in alignment with the refund guide described above, then the manual must be posted back to us along with a copy of the purchase receipt, UNUSED AND UNDAMAGED at the User’s own expense (including any additional costs incurred from international returns, such as customs duties, tariffs and taxes, if applicable), within 14 days from sending us the written notice of refund request. Once the manual is received by BE UNSTOPPABLE, assuming it arrived in ‘as new’ condition, the refund will be processed and a notification email will be sent to the User.
All postal mail for the return of manuals and products are to be sent to:
PO Box 7166
Silverwater NSW 1811 Australia
PROCESSING OF REFUNDS
Please allow up to two weeks for your charge to be refunded to the credit card you used to purchase the product or service. If after two weeks you do not see your refund appear, please contact your bank or credit card provider to confirm whether the refund is pending. If the bank or credit card provider does not see your refund pending and you still have not received your refund after two weeks, please contact us at firstname.lastname@example.org
COUNSELLING + COACHING + FACILITATION OR TRAINING SERVICES
Please refer to your signed agreements for either counselling, coaching, facilitation or training services for termination policy terms and conditions. No refund for these services is given, once work has commenced.
ELECTRONIC COMMUNICATION TO AND FROM US
When a User visits the BE UNSTOPPABLE Site or sends an email to us, then you are voluntarily communicating with us electronically, and as such consent to receive communications from us electronically. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). We will communicate with you by email to answer any questions, requests or to promote our business’s products, programs and services. If you do not want to receive such promotional materials or notices, you may opt-out of these emails at any time.
CHANGES TO OUR WEBSITE AND OFFERINGS
At our discretion, we may discontinue our Site at any time and for any reason, without notice. We may, without prior notice, change the products, programs or services; stop providing the products, programs or services or any features of anything we offer; or create limits for the products, programs and services. We may change the content, offers, services, programs, messages and features of our Site at any time for any reason, without notice. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of our Site.
MODIFICATIONS TO TERMS AND CONDITIONS
BE UNSTOPPABLE reserves the right, at our sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time without notice, and it is your responsibility to review these Terms and Conditions regularly for any changes. Your use or continued use of our Site following any change to these Terms and Conditions will constitute your acceptance of the revised Terms and Conditions. If you do not agree to any of these Terms and Conditions or any future versions of the Terms and Conditions, then do not use or access (or continue to access) our site or our products, programs and services.
CUSTOMER SUPPORT AND CONTACT INFORMATION
If you have any questions about our Terms and Conditions or need support in any way regarding our Site or communication with us, please email us by clicking on the link below.