Terms of Service
1. Introduction
Welcome to Rachel Fung ("we", "us", "our", "RF"), a coaching entity based in Australia ABN 83 432 189 629.
These Terms of Service govern access to and use of our services ("Services"), which may include in-person coaching sessions, online coaching sessions, courses, workshops, our website (https://www.rachelfung.io) and any related software, applications, tools or other services we may provide from time to time (collectively, the "Services").
Please carefully read the following Terms of Service before using the website with the URL https://www.rachelfung.io ("Site"). By accessing the Site, you agree to be bound by these Terms of Service. These Terms of Service may be updated occasionally, and there is no obligation to provide notification before any update.
Further, these Terms of Service also cover any services offered via our newsletter, Instagram, LinkedIn, YouTube, and any other emerging social media platforms, whether now in existence or hereinafter created.
2. Scope of Services
We provide Services for personal and professional development purposes only. Our services are distributed via two channels:
(a) Individual Clients, any eligible individual acquiring our Services to meet their development needs. Individual clients will sign or electronically accept an agreement outlining the Service before commencing the Services.
(b) Sponsored Client, an organisation's employee where their organisation acquires our Service to be rendered to its employees. Organisations will sign or electronically accept a customised agreement outlining Services that meet the organisation's and its employees' needs.
Our Services are not intended to be a substitute for professional advice, including medical, legal, financial, or mental health advice. The Services are designed to help you achieve your personal, relational and professional goals. We make no guarantees regarding the outcome of our services, and your success depends on your efforts and commitment. We do not guarantee any specific results from our services. We reserve the right to modify, suspend or discontinue any aspect of our Services without notice or liability.
3. Eligibility and Registration
To use our Services, a person must be at least 18 or have parental/guardian consent. By using our Services, clients represent and warrant that they meet these eligibility requirements. Clients may need to register for an account with us to access certain Services and, by doing so, agree to provide accurate and complete information when registering and to update the information as needed. Clients using the Services are responsible for maintaining the confidentiality of their account and password and for all activities under their account.
4. Payments and Refunds
We may charge fees for our Services, which will be available before the commencement of the Services. We reserve the right to change our fees at any time and will notify you of any fee changes. Payments must be made before the commencement of the Services or as otherwise agreed in writing by all parties.
All fees and payments are final. After a session, any payments made for appointments are non-refundable.
We take reasonable care to make our Site secure. All credit/debit card transactions made via the Site are processed using one of the following: Google (https://google.com), Paypal (https://paypal.com), Square (https://squareup.com) or Stripe (https://stripe.com)—secure online payment gateways that encrypt your card details in a secure host environment. You are responsible for informing yourself of all Terms of Use related to these online payment gateways and complying with them.
5. Rescheduling/Cancellations
If you need to reschedule or cancel a scheduled session or appointment made via the Site and/or its connected scheduling application, Practice.do, you must cancel at least seventy-two (72) hours in advance by clicking on the "View, Change or Cancel Appointment" link in your confirmation email. Otherwise, you will be charged the full rate for your scheduled appointment.
It is your responsibility to review the confirmation email and any subsequent reminder emails for accuracy, including, but not limited to: time zones, telephone numbers, and email addresses. We are not responsible for errors made on your part or failure to correct the aforementioned.
We will use reasonable commercial efforts to reschedule your appointment when your cancellation is received in the aforementioned time frame.
4. Site Content
We use reasonable commercial efforts to ensure accurate and updated information on this Site and access to such information. However, we are not responsible if the information appearing on this Site is not entirely accurate, complete or current. We reserve the right to modify the content of this Site at any time, and we have no obligation to update any information on the Site other than to comply with law as necessary. The material on this Site is provided for personal and professional development purposes only. It should not be relied upon or used as the sole basis for making life decisions without consulting other relevant sources of information and/or support.
Rachel Fung declines any and all responsibility for the following:
any interruption of the Site;
any bugs or viruses which may arise, including third-party scams, and bad actors misusing the information available on the Site;
any inaccuracy or omission in connection with the information available on the Site;
any damages resulting from a third party's wrongful intrusion of the Site;
any direct or indirect or consequential damages, regardless of their origin or nature, including without limitation any damages arising from the online purchase of services appearing on this Site or the impossibility of accessing the Site, or from reliance on any information of which this Site is the direct or indirect source.
Rescheduling and Cancellations
5. Collection of Personal Information
You can use this Site and its resources without providing any information. However, additional services may be available if we have certain information about you. We may collect the following information:
account registration information, including your name, telephone number, postal address and email address;
billing information, transaction and credit card information (should you purchase with us); and
if you contact us, we may keep a record of that correspondence.
Any information you provide must be true, accurate, current, and complete.
We use this information to provide you with a better service, and in particular, for the following reasons:
internal record keeping;
to improve our services; and
to communicate with you by email, telephone or post if you have ordered or purchased services from us, either regarding such purchase or other matters regarding transactions between us or your client relationship with us.
6. Confidentiality and Privacy
We respect your privacy and will maintain the confidentiality of all information you share with us in connection with the Services, subject to our Privacy Policy. We will not disclose your information to third parties without your consent, except as required by law or as necessary to provide the Services. You must be at least 18 or have parental/guardian consent to use our Services.
7. Intellectual Property
All content, materials, and intellectual property associated with the Services and Site, including but not limited to text, graphics, logos, images, audio and video clips, software, code, trademarks, or copyrighted materials, are the property of Rachel Fung or its licensors and are protected by Australian and international copyright laws. You may not use our trademarks, service marks, or logos without our prior written consent.
DISCLAIMERS
We make no guarantees regarding the accuracy, completeness, or usefulness of any information or materials provided as part of our Services. Our Services are provided "as is," and we make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
To the fullest extent permitted by Australian and international law, Rachel Fung and its directors, officers, employees, agents, contractors, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services or your reliance on any information provided in connection with the Services.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Rachel Fung, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Services or your breach of these Terms of Service.
GOVERNANCE, JURISDICTION AND APPLICABLE LAW
This Terms of Service shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Any legal action or proceeding arising from or relating to these Terms of Use or the Services shall be instituted in a state or federal court in Victoria, Australia. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Terms of Service, if not resolved by involved parties to the satisfaction of all involved, shall be resolved through a relevant extern dispute resolution or, where applicable, binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration.
Privacy and Data