Website Terms and Conditions of Use

1. About the Website

1.1 Welcome to www.Onewildcoaching.com (Website). The Website provides you with an opportunity to browse and purchase access to group events (Events) that have been listed for sale through the Website (Services). The Website additionally offers you the opportunity to browse OneWild Coaching services. The Website provides this service by way of granting you access to the content on the Website (Purchase Services). From time to time the Website offers you the opportunity to access and download free digital products (Eproducts).

1.2 The Website is operated by Peregrine Health Consulting Pty Ltd t/a OneWild Coaching (abn: 66 614 261 942) (OneWild Coaching). Access to and use of the Website, or any of its associated Services, is provided by OneWild Coaching. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 OneWild Coaching reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1 In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

• (a) E-mail Address
• (b) Password
• (c) ABN/ACN
• (d) Address

3.2 You warrant that any information you give to OneWild Coaching in the course of completing the registration process will always be accurate, correct and up to date.

3.3 Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

3.4 You may not use the Purchase Services and may not accept the Terms if:

• (a) you are not of legal age to form a binding contract with OneWild Coaching; or
• (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

4.2 You will use the Purchase Services only for purposes that are permitted by:

• (a) the Terms;
• (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OneWild Coaching of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of OneWild Coaching providing the Purchase Services;
• (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by OneWild Coaching for any illegal or unauthorised use of the Website; and
• (a) tyou acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Services and Returns Policy

5.1 In using the Purchase Services to purchase the Services through the Website, including accessing Events, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).

5.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

5.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.4 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

5.5 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

5.6 You agree that if you default on any payments due and payable under the Terms, any costs incurred by OneWild Coaching for steps taken to enforce payment terms will be recoverable and payable by you.

6. Delivery of Events and Licence Information

6.1 Each Event purchase grants you access to the group Events offered from time to time by OneWild Coaching.

6.2 When you purchase access to an Event through the Website, OneWild Coaching grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use any material that may be provided to you or shared with you during the Event. (Licence).

6.3 Any material provided or shared with you is intended for single use only, and sharing of such material is not permitted.

7. Event Refunds

7.1 Please notify OneWild Coaching of an intention to cancel your involvement in an Event as soon as possible through e-mail to [email protected] to discuss your circumstances.

7.2 Events are non-refundable but may be transferrable with the consent of OneWild Coaching.

8. Group Event

8.1 As a participant in a group Event (Participant), you expressly agree that you will not, through any means:

• (a) harm, harass, hassle or abuse other Participants; or
• (b) send un-welcomed communication such as spam to other Participants; or
• (c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• (d) infringe the intellectual property or privacy rights of any Participant or any third-party.

8.2 OneWild Coaching, at its discretion, reserves the right to remove, edit or alter any content created by you on any platform utilised in the delivery of Events.

8.3 OneWild Coaching retains the right to terminate your involvement in any Event at any time for breach of these Terms.

9. Delivery – Eproducts

9.1 Eproducts are delivered are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].

9.2 OneWild Coaching will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct

10. Warranty

10.1 OneWild Coaching will use its best efforts and take all reasonable steps to help you achieve the desired results. However, OneWild Coaching makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

10.2 The Services comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with OneWild Coaching and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

11. Disclaimer

11.1 You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Services, your involvement in Events and interactions with OneWild Coaching. As such, You agree that OneWild Coaching is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by OneWild Coaching.

11.2 You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for legal, business or financial advice. OneWild Coaching recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. OneWild Coaching will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

12. Information Disclaimer

12.1 Any information, advice, content or documentation provided on the Website, through the Services, Events, Eproducts, blogs, podcasts, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

12.2 All care is taken in the preparation of the information and published materials on the Website, through the Services, Events, Eproducts, blogs, podcasts, social media accounts, or on any other related platform. OneWild Coaching does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

12.3 To the extent permissible by law, OneWild Coaching will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Events, Eproducts, blogs, podcasts, social media accounts, or on any other related platform.

13. Copyright and Intellectual Property

13.1 The Website, the Services and all of the related products of OneWild Coaching are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by OneWild Coaching or its contributors.

13.2 All trademarks, service marks and trade names are owned, registered and/or licensed by OneWild Coaching, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

• (a) use the Website pursuant to the Terms;
• (b) copy and store the Website and the material contained on the Website in your device's cache memory; and
• (c) print pages from the Website for your own personal and non-commercial use.

13.3 OneWild Coaching does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OneWild Coaching.

13.4 OneWild Coaching retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

13.5 You may not, without the prior written permission of OneWild Coaching and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14. Privacy

OneWild Coaching takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to OneWild Coaching's Privacy Policy, which is available on the Website.

15. General Disclaimer

15.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

15.2 Subject to this clause, and to the extent permitted by law:

• (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• (b) OneWild Coaching will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

15.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of OneWild Coaching make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of OneWild Coaching) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
• (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• (c) costs incurred as a result of you using the Website, the Services or any of the products of OneWild Coaching; and
• (d) the Services or operation in respect to links which are provided for your convenience.

16. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). OneWild Coaching does not control any Third-Party Services. OneWild Coaching additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and OneWild Coaching will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

17. Limitation of liability

17.1 OneWild Coaching's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

17.2 You expressly understand and agree that OneWild Coaching, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

18. Termination of Contract

18.1 The Terms will continue to apply until terminated by either you or by OneWild Coaching as set out below.

18.2 If you want to terminate the Terms, you may do so by:

• (a) providing OneWild Coaching with days' notice of your intention to termination, in writing, via the 'Contact Us' link on the homepage.; and
• (b) closing your accounts for all of the services which you use, where OneWild Coaching has made this option available to you.

18.3 OneWild Coaching may at any time, terminate the Terms with you if:

• (a) you have breached any provision of the Terms or intend to breach any provision;
• (b) OneWild Coaching is required to do so by law;
• (c) the provision of the Services to you by OneWild Coaching is, in the opinion of OneWild Coaching, no longer commercially viable.

18.4 Subject to local applicable laws, OneWild Coaching reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts OneWild Coaching's name or reputation or violates the rights of those of another party.

19. Termination of Contract

19.1 If you choose to contribute any content to the Website or any other platform operated by OneWild Coaching, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

19.2 By contributing content to the Website, you grant OneWild Coaching a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by OneWild Coaching.

19.3 Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree OneWild Coaching can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

19.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to OneWild Coaching social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to OneWild Coaching. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

19.5 Please ensure you keep your own copies of Your Content as OneWild Coaching may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

19.6 OneWild Coaching will endeavour to provide you with an appropriate credit when using Your Content on OneWild Coaching platforms, though you understand and agree this may not always be possible.

19.7 OneWild Coaching reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

20. Mailing List Registration

20.1 You may be given the option to register for the OneWild Coaching Mailing List (Mailing List).

20.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

• (a) Email address
• (b) Name

20.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from OneWild Coaching.

21. Indemnity

21.1 You agree to indemnify OneWild Coaching, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.

• (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
• (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• (c) any breach of the Terms.

22. Venue and Jurisdiction

The Services offered by OneWild Coaching are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Tasmania, Australia.

23. Governing Law

The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Tasmania, Australia.

24. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

25. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.