Better Business Coach

PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us
   1. www.betterbusinesscoach.com.au is a website (“Website”) operated by Business Advice Agency Pty Ltd ACN 637 480 132 (we, us and our).
   2. To contact us, please email [email protected] OR call 1300 725 156
   3. We offer a variety of D.I.Y. courses and Executive Coached courses online via the Website from time to time (‘Programs’). Reference to the Website, includes all the Programs.
2.  Agreement
   1. By using or visiting our Website or purchasing our Programs, you confirm that: (A) you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not register for our Programs unless; (B) you are at least 18 years old, residing in Australia. We may, at any time, revoke your membership should we have any reason to believe that you have misrepresented your age.
3. We may make changes to these Terms
   1. We may amend these Terms from time to time. Every time you wish to use our Website, or the Programs, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to participate in the Programs, after the amendments take effect, you agree to be bound by the Terms as amended.
   2. These Terms were most recently updated on 4 June 2024.
4. We may make changes to our Website
   1. We may update and change our Website from time to time to reflect changes to the Programs, products, our users' needs, changes in law and our business priorities.
5. We may suspend or withdraw our Website
   1. We do not guarantee that the Programs, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 
   2. This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or the Programs. 
6. Our Programs
   1. We will provide the following Programs to you through the Website:
      1. The “Coached” Programs are a 6-month program which are delivered by Australia’s only Certified Business Advisors & Coaches with a background in finance, & other industries, ensuring unparalleled expertise and qualified support.
      2. The Coached Programs include 48 modules delivered via group webinar.
      3. The Coached Programs include any materials, documents, video content, interactive learning content and quizzes that we may provide you as part of the Programs (“Materials”) 
      4. The D.I.Y. programs.
   2. There are two learning options with BBC Programs. The Coached Programs option which includes personalised assistance from your Business Advisor/Coach following the delivery of each module to implement the modules into your business (“Coached Programs”). This cycle continues for all modules, over a 26 week time frame to ensure success through implementation.
   3. The D.I.Y. Programs, can be delivered as self-spaced, non-personalised, non coaching option at a reduced price (“DIY Programs”). You will receive the online Programs only without any coaching assistance , all online. 
   4. We will deliver the Programs and/or prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws. 
   5. The Programs and your access to the Materials will commence on the date which we receive payment of the Programs Fees.
   6. The Programs will ordinarily be provided by the day/time and method indicated on the Website, or otherwise in any manner determined by us, including email, videoconferencing, such as zoom, SMS, social media or other platforms at our discretion. We will not be responsible for any failure in delivery of the Programs due to errors or delays caused by your email host, internet provider or other security provider. 
   7. The approximate duration of the Programs is indicated on the Website. You acknowledge and agree that any dates for completion notified by us are estimates only, and we will have no liability to you for failing to meet any delivery or milestone date. 
   8. We reserve the right to vary the Materials, Programs content and any assessments in our sole discretion. 
   9. You agree to actively participate in the Programs curriculum and take responsibility for your own actions and decisions. This includes attending scheduled sessions on time, (Coached Programs) completing any assigned tasks or exercises, and providing timely feedback to us. You acknowledge that the effectiveness of the Programs is contingent upon your commitment, involvement and willingness to take action.
   10. You acknowledge that with the coaching programs, there is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
   11. Completion of the Programs will not result in any formal qualification, however you may earn Continued Professional Development points, depending on your professional body. The Programs is delivered by Certified Professional Business Advisors. The course is not provided by a registered educational institution (RTO).
   12. We reserve the right to postpone the delivery of the one-to-one (Coaching) element of the Programs in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement.
   13. You may cancel or postpone any scheduled one-to-one (Coaching) session by providing at least 48 hours' notice in writing to us via the 'Contact Us' link on our homepage or via email to [email protected]. Cancellations or postponements made with less than 48 hours' notice will result in the forfeiture of that session, and no refund or rescheduling will be offered.
   14. We and our personnel deliver the Programs. Where we are unable to deliver the Programs for any reason, we reserve the right to deliver the Programs through a substitute or an alternative service provider.
   15. Your access to the Programs is non-transferable and cannot be shared or used by anyone else.
7. Registration to use the Programs
   1. To access the Programs, you must first register for an account through the Website. Only one concurrent login per account is permitted. 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.
   2. As part of the registration process, or as part of your continued use of the Programs, you may be required to provide personal information about yourself (such as identification or contact details).
   3. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make changes to your membership such as your contact or payment details.
8. Your obligations as a Member
   1. As a Member, you agree to comply with the following:

1. the Programs, Materials and information provided by us, are strictly confidential and is provided to you for your personal use only. We reserve the right to immediately terminate your membership if we suspect you have shared, or allowed the sharing, of any information with a non-member;
2. 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 Program(s). You must immediately notify us of any breach of your user details; 

1. Payment
   1. You must pay the then current fees for the Program(s) prior to the Program(s) commencing (“Program Fee”) by way of credit card payment, or otherwise in monthly instalments as agreed at the Programs commencement.
   2. You accept that you are required to pay the full amount of the Program Fees even if you do not complete the Program.
   3. Payment for Program Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard or credit cards or direct funds transfer to our bank account. We will suspend your membership if the Program Fee is not paid in advance.
   4. Where the Program Fees are paid on a periodic basis, such as monthly, you expressly authorise us to automatically charge your credit or debit card for each Program Fee, without further authorisation from you. 
   5. You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on that third party website.
   6. You will be liable for any banking fees and charges and other fees including administration fees where there has been a refund or denial of the Program(s) Fee by your banking or credit institution. 
   7. Should we consider it necessary to vary the Program(s) Fee at any time, we will provide you with reasonable notice and you may elect to cancel before the changes take effect.
2. Programs Guarantee 
   1. Subject to the adherence to Clauses 6.8 and 6.9 of these Terms we guarantee a minimum of 500% return on investment (ROI) for participants of the Coached Programs. This guarantee is contingent upon you fully complying with the instructions, tasks, and guidelines provided as part of the Coached Programs by our Certified Business Advisors & Coaches. 
   2. Should you adhere to clauses 6.8 and 6.9 and fail to achieve at least a 500% ROI upon the completion of the Coached Programs, you may be eligible for a complementary further two(2) months 1:1 coaching, subject to the our discretion. Eligibility for such extension of coaching services will be assessed on a case-by-case basis, taking into consideration your compliance with all aspects of the Coached Programs as instructed by our advisors and coaches.
   3. This guarantee is provided as a testament to the effectiveness of our Program(s) and the unparalleled expertise of our Certified Business Advisors & Coaches. It underscores our commitment to the participant's success and improvement in their business operations.
3. Refund Policy
   1. We will only provide you with a refund of the Programs Fees in the event we are unable to continue to provide the Programs or we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances.
4. Intellectual Property 
   1. We own the intellectual property rights in the Programs, Website and Materials, and you will have a non-exclusive, non-transferable licence to use the Programs and Materials for your own personal purposes. 
   2. You agree not to copy, distribute, sell, or otherwise exploit the Programs or Materials for any commercial purpose without our express written consent.
5. Privacy
   1. You agree to allow us to send you electronic communication (including email and SMS) regarding the Programs, including any information regarding or relating to our Programs, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices. 
6. Competitors
   1. If you are in the business of providing similar courses to consumers or business owners for a commercial gain, whether business consumers or domestic consumers, then you are our competitor. Competitors are not permitted to use or access our Programs, Website and Materials. Members are strictly prohibited from sharing any Programs content or Materials with a competitor. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
7. Confidentiality
   1. The Parties agree to maintain the confidentiality of all information shared during the provision of the Programs and any coaching services. This includes, but is not limited to, business strategies, personal information, and any proprietary information disclosed by either of us. Our obligation of confidentiality will remain in effect even after this agreement is terminated.
8. General Disclaimer
   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.
   2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
   3. By using our services and completing our Programs, you agree that we are not to be held liable for any decisions you make based on any of the Programs, Materials or guidance and any consequences, as a result, are your own. Under no circumstances can you hold us liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, Materials or techniques used or provided by us.
   4. Subject to clause 10, you acknowledge that we make no guarantee as to the specific outcomes or results of the Programs. The success of the D.I.Y. and business coaching process depends on various factors, including your willingness to implement suggested strategies and the market conditions. We will not be held liable for any failure to achieve anticipated results.
   5. All our information on both the Website, Materials and in Programs is informational only, not tailored to your specific circumstances and is for general informational purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the information, Materials and Programs content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
   6. Any advice or information given as part of the Programs and the Materials is not intended to be a substitute for professional financial or legal advice. Always seek the advice of a qualified industry professional with any questions you may have regarding any financial or legal matters. Never disregard qualified professional advice or delay in seeking it because of anything contained in the Programs or Materials. 
9. Limitation of liability
   1. Both parties’ total liability, save for your non-payment of the Program’s Fees, or any of our loss arising out of your unauthorised disclosure of the Content, both of which is uncapped,  arising out of or in connection with the Programs or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Programs to you, or the Programs Fees paid by you in the preceding 12 months. 
   2.  Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
   3. Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
10. Termination/Cancellation 
    1. The Terms will continue to apply until after the Program(s) has been completed by you or until terminated by either you or by us as set out below.
    2. You may cancel your access in the Programs up to 48 hours before you commence the Program(s). Any cancellation under this clause will result in a full refund of the Programs Fees, minus a 10% administration fee.
    3. Your cancellation notice should be sent, in writing, to us via [via the 'Contact Us' link on our homepage or via email to [email protected]]
    4. No refunds will be given for cancellations made within 48 hours of the Programs commencing or during the Programs. 
    5. We may at any time, terminate the Terms with you if:
       1. you have breached any provision of the Terms or intend to breach any provision;
       2. we are required to do so by law;
       3. if your conduct impacts our name or reputation or violates the rights of those of another party; or
       4.  the provision of the Program(s) to you by us is, in our opinion, no longer commercially viable.
    6. Upon termination of these Terms, your membership will be revoked, and you will no longer have any right to use the Programs or the Materials. Any outstanding Program(s) Fees will become due and payable by you. Any Program(s) Fees paid in advance are non-refundable. 
    7. If the Program(s) is not accessed or used for a continuous period of two (2) months, we reserve the right to deactivate your access to the Programs. Prior to any such deactivation, we will endeavour to notify you via email, providing a period of fourteen (14) days to respond or access the Programs to prevent deactivation. Failure to respond or access the Programs within this notification period will result in the termination of your access to the Program(s), without entitlement to any refund of the Program(s) Fees or any other fees previously paid.
    8. Upon the successful completion of the Program(s), you will be granted an additional access period of two (2) weeks to review the Programs materials and finalise any pending activities. After the expiry of this two-week period, your access to the Program(s), including all related materials and resources, will be automatically terminated. We will provide you with advance notice of seven (7) days before the termination of access post-completion, encouraging you to utilize the Programs materials to their fullest extent before access is revoked.
11. User Content
    1. 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 Website, 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.
    2. 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.
    3. 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.
    4.  In particular, you warrant that your User Content will not:

1. Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Be likely to deceive any person;
4. Promote any illegal activity, or advocate, promote or assist any unlawful act;
5. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
6. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
7. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
8. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
   1. Whenever you make use of a feature that allows you to upload User Content, or to make contact with other users of our Site, you must comply with the content standards in this clause.
   2. You warrant that any such contribution complies with these standards, and you will be liable to us  for any breach of that warranty.  In the event of such a breach, your right to use our Site will cease immediately.

1. We are not responsible for viruses
   1. We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
   2. You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
2. We are not responsible for websites we link to
   1. Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
3. General

Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation. 

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation.  You agree that we will not be held liable for any delay or failure in performance of any part of the Coaching Services or delivery of the Materials.

Benchmarking: By participating in our Programs and using our Website, you agree that we may collect and use data related to your usage of the Programs and Website for benchmarking purposes. This data will be anonymized and aggregated to ensure that individual users cannot be identified. The anonymized data may be used to improve our services, assess the effectiveness of our Programs, and compare the performance of our users against industry standards and other users.

Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms form the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.

Jurisdiction: These Terms are governed by the laws of Queensland.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the Queensland courts.  Although the Programs may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.