Terms and Conditions

By clicking “Buy Now,” “Sign Up”, “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling in a program, product or service, you (Client) agree to be provided with products, programs, or services by Meg James (Coach), acting on behalf of Meg James (ABN 514 358 871 68) (the Company), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

PROVISION OF SERVICES

Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the products, programs, and/or services (collectively known as the Services) as outlined on https://megjames.com.au and/or any associated domains (including third-party-hosted learning management systems) (together, the Website).

The Coach will provide the Services as and only to the extent detailed on the Website, and will not be required to provide any other services.

The Coach reserves the right to substitute services equal to or comparable to the Services offered for the Client if the Coach considers it is reasonably required in the circumstances.

To the extent applicable, the Client acknowledges and agrees that:

  1. it is solely responsible for creating and implementing what is taught by the Services in respect of its own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the provision of the Services. As such, the Client agrees that neither the Coach nor the Company are or will be liable or responsible for any actions or inaction taken by the Client in relation to the Services, or for any direct or indirect result of the provision of the Services;

  2. the Company is not engaged in the practice of medicine, it does not offer any medical advice, treatments or diagnoses to the Client, the Services are provided solely for the Client’s convenience and the Services are not meant for the provision of diagnosing, preventing, monitoring, predicting, treating or alleviating illness, disease, injury or disability;

  3. coaching is a comprehensive process that may involve different areas of the Client’s life, including work, finances, health, relationships, education, and recreation, and that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility;

  4. it will comply with this Agreement and all applicable laws;

  5. it will provide the Company with all documentation, information, instructions and cooperation reasonably necessary to enable the Company to provide the Services; and

  6. it will not infringe any third-party rights in working with the Company and in receiving the Services.

The Company will provide all Services in good faith and in a diligent manner, using all reasonable endeavours (if and to the extent applicable) to find solutions that are aligned to the Client, the Client’s circumstances and the Client’s desired outcomes. If applicable to the Services purchased, the Company shall set the dates and times for group coaching calls. The Client shall not receive any refund, partial or otherwise, if they are unable to attend some or all of the group coaching calls. The Client acknowledges that the Company shall schedule group coaching calls at all times of day to accommodate time-zones around the world and not all group coaching calls will be within their waking hours.

Any testimonials or examples shown through Coach’s Website, programs, and/or Services are only examples of what may be possible for Client. The Coach makes no representation as to the outcome of the Client’s participation in the Services.

PAYMENT AND REFUND POLICY

Upon execution of this Agreement, the Client agrees to pay to the Company the full purchase amount (Purchase Price).

If Client elects to pay the Purchase Price through a payment plan option (Payment Plan), the Client agrees that the Company will (via a third-party payment processor) automatically charge the Client’s credit card for each monthly instalment on a recurring monthly basis. The Client expressly consents to, authorises and instructs the Company to deduct the monthly instalments from the Client’s nominated account as an automatic payment in accordance with this Agreement. A transaction fee may apply to payments made via credit card.

In the event Client fails to make any of the payments within a Payment Plan during the time prescribed, the Coach has the right to immediately disallow participation by the Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls.

Under no circumstances will the Client threaten to, or make any chargebacks to, the Company’s account or cancel the credit card that is provided for payment without the Company’s prior written consent. The Client will be required to pay the Company’s legal fees, debt collector fees and mercantile agent fees associated with recouping payment.

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer the Client with rights, warranties, guarantees and remedies relating to the Coaching Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes the Client’s statutory rights as a consumer under the ACL. 

Subject to the Client’s statutory rights under the ACL, all amounts paid by the Client under this Agreement are non-refundable.

INTELLECTUAL PROPERTY RIGHTS

The Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in any materials provided to the Client in the course of providing the Services. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach or the Company to the Client, nor grant any right or license other than those expressly stated in this Agreement.

RECORDING AND REDISTRIBUTION OF CALLS

The Client acknowledges that group coaching sessions and/or group calls may be recorded. The Client also acknowledges and grants permission for the recordings to be redistributed and/or resold at a later date by the Company.

RELEASE

The Company may take photographs, videos, audio recordings, or other recordings during the provision of the Services that Company may use for future commercial or non-commercial purposes. The Client agrees and understands that by participating in the Services, the Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose the Company sees fit.

DISCLAIMER OF WARRANTIES

The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

LIMITATION OF LIABILITY

In no event shall the Company or the Coach be liable to the Client for any indirect, consequential or special damages.

The Client agrees that its participation in the Services and any associated activities is entirely voluntary. The Client expressly acknowledges and accepts any risk of personal injury and/or damage that may arise from the use of the Services by the Client.

Notwithstanding anything else in this Agreement and to the maximum extent permitted by law, the Company’s aggregate liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement at the relevant time.

ASSIGNMENT.

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. The Client may not assign its rights under this Agreement as this program is non-transferable.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia..

ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.


Website Terms of Use

This website (Site) is operated by Meg James (we, our or us).  It is available at: megjames.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information hosted on this Site or purchased via this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  2. using our Site to defame, harass, threaten, menace or offend any person;

  3. interfering with any user using our Site;

  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

  5. using our Site to send unsolicited email messages; or

  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.  

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

      1. copy or use, in whole or in part, any Content; 

      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

      3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

  2. access will be uninterrupted, error-free or free from viruses; or

  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.