Service Terms and Conditions

Part A – GENERAL TERMS APPLYING TO ALL ONLINE SERVICES This Part A applies to all Online Services performed by The Crew Coach.
1. KEY TERMS

Term	Meaning
Booking Platform	means the online booking and client management platform we use from time to time to allow the Recipient to make and manage Bookings. As at the date of these terms that platform is GoHighLevel. We will tell the Recipient if we change platforms. .
Booking	means a booking for any Online Service made in accordance with clause 8(d), including an Online Counselling session, an onboarding call, a consultation, a discovery call, an oral assessment or a coaching session.
Client	means the person or entity who entered into the corresponding Commercial Terms & Conditions with The Crew Coach. The Client may be the Recipient themselves (for example, a student booking their own course), or a third party such as a crew manager, yacht owner or employer.
Course Area	means the platform which hosts and provides any Online Courses to you as part of the Online Services.
Commercial Terms & Conditions	means the agreement between the Client and The Crew Coach primarily in relation to payment for the Online Services.
Online Course	means a course provided by The Crew Coach in accordance with Part C, including the Foundational Leadership course, the Advanced Leadership course, the Yacht Crew Wellbeing course and the Uplevel Program.
Online Counselling	means counselling services performed by The Crew Coach for the Recipient in accordance with Part B.
Online Services	means any of the activities that The Crew Coach may perform in accordance with these Services Terms & Conditions, including Online Counselling, Online Courses, the Uplevel Program, DISC profiling and debrief sessions, consultations, onboarding and discovery calls, oral assessments, Subscription Packaged Services and any other activities whether on an ad hoc or subscription basis.
Recipient	means the person who will receive the Online Services, being either: ● the Client themselves; or ● an individual nominated by the Client, including a crew member, student, employee or contractor of the Client (or of a vessel, business or household the Client owns, operates or manages), as applicable.
Subscription Packaged Services	means any of the activities performed by The Crew Coach for the Recipient in accordance with Part D.
Uplevel Program	means The Crew Coach’s Uplevel Program, as described on our website and delivered in accordance with Part C. The Uplevel Program is a bespoke program: its content, duration, delivery format and fees are scoped for each Client and depend on the number of Recipients participating.
Zoom	means the Zoom video conferencing platform, accessible at this link: https://zoom.us/

These Services Terms & Conditions commence on the date that the Commercial Terms & Conditions are agreed to by the Client and the Crew Coach and will continue until the Commercial Terms & Conditions are terminated in accordance with those terms.

The Recipient only needs to agree to these Services Terms & Conditions once. These Services Terms & Conditions will apply to all Online Services provided to the Recipient.

These Services Terms and Conditions are separated into parts, based on the various Online Services we offer. Only the Client can determine which of the Online Services, and therefore which of the parts, are available to the Recipient, by agreement in writing with us in accordance with the Commercial Terms & Conditions.

These Services Terms & Conditions are separated into the following parts:

A. General Terms applying to all Online Services

B. Online Counselling

C. Online Courses & Workshops (including the Uplevel Program)

D. Subscription Packaged Services

By clicking “accept” when prompted to agree to these Services Terms & Conditions, or otherwise proceeding to participate in any Online Services, the Recipient agrees to be bound by these Services Terms & Conditions, and our Privacy Policy which is incorporated by reference.

If you need urgent help at any time, do not wait for a session. Contact your local emergency service, or the International Seafarers’ Welfare and Assistance Network (ISWAN) on +44 (0)300 012 4279. In Australia, call 000, or Lifeline on 13 11 14.

2. APPLICATION OF THESE SERVICE TERMS & THE COMMERCIAL TERMS

These Services Terms & Conditions apply to the Online Services which we may perform for the Recipient.

If the Recipient has entered into our Commercial Terms & Conditions as the Client, these Service Terms form part of those Commercial Terms & Conditions.

If the Recipient is a Recipient nominated by a Client that has entered into our Commercial Terms & Conditions, without limiting or otherwise affecting the Commercial Terms & Conditions between the Client and us, these Service Terms apply to the Recipient's receipt of the Online Services as a binding contractual agreement between the Recipient and The Crew Coach.

No fees are payable by the Recipient under these Services Terms & Conditions. The Online Services will be paid for by the Client under the Commercial Terms & Conditions. This fee and document structure will not affect the validity or enforceability of these Services Terms & Conditions.

The Crew Coach is a service provider to the Recipient. Nothing in this agreement is intended to create a relationship of agency, employment, partnership or joint venture.

If there is any inconsistency between the Commercial Terms & Conditions and these Services Terms & Conditions, the Commercial Terms & Conditions will prevail to the extent of the inconsistency.

The Online Services are provided only to Recipients aged 18 years or over. By agreeing to these Services Terms & Conditions the Recipient confirms that they are aged 18 years or over. If we become aware that a Recipient is under 18, we will stop providing the Online Services to them.

3. TECHNOLOGY OBLIGATIONS AND DISCLAIMERS

3.1. USE OF THE APPS

The Recipient agrees, in relation to the Booking Platform, Zoom and the Online Course Area (Apps):

not to copy, reproduce, translate, adapt, vary or modify the Apps without our express consent;

not to use the Apps in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

not to use the Apps for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

not to attempt to breach the security of the Apps or The Crew Coach’s system security, or otherwise interfere with the normal function of the Online Services, including by:

(i) gaining unauthorised access to the Apps or data about other users of the Apps;

(ii) scanning, probing or testing the Apps for security vulnerabilities;

(iii) overload, flood, mailbomb, crash or submit a virus to the Apps; or

(iv) instigate or participate in a denial-of-service attack against the Apps.
The Recipient acknowledges that all intellectual property rights in the Apps are owned by third parties, and nothing in this agreement transfers any rights to those apps to the Recipient.

3.2. FAILURE OF THE APPS

The Online Counselling and calls related to Online Courses are performed over Zoom.

If there is a failure with Zoom, we will perform the relevant Online Service through another platform, such as WhatsApp or FaceTime video call.

3.3. INFORMATION ON THE APPS
While we make every effort to ensure that the information on the Apps is as up-to-date and accurate as possible, the Recipient acknowledges and agrees that we do not (to the maximum extent permitted by law) guarantee that:

the Apps will be free from errors or defects;

the Apps will be accessible at all times;

messages sent through the Apps will be delivered promptly, or delivered at all;

information Recipient receives or provides through the Apps will be secure or confidential; or

any information provided through the Apps is accurate or true.
We reserve the right to change any information or functionality on the Apps by updating the relevant App, or transitioning to the use of a different app, at any time. Where a change materially affects how the Recipient accesses the Online Services, we will give the Recipient reasonable notice.

3.4. LINKS TO OTHER WEBSITES

We have no control over the content of the linked websites and we are not responsible for it.

Inclusion of any linked website on the Apps does not imply our approval or endorsement of the linked website.

The Apps may contain links to other websites that are not our responsibility.

3.5. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. The Recipient should take their own precautions to ensure that the process that they employ for accessing the Apps does not expose them to any risk of viruses, malicious computer code or other forms of interference.

3.6. REPORTING ISSUES

If the Recipient become aware of misuse of the Apps by any person, any errors in the material on the Apps or any difficulty in accessing or using the Apps, please contact us immediately at karine@thecrewcoach.com or on +61 402 065 101.

4. PRIVACY, CASE NOTES AND USE OF ARTIFICIAL INTELLIGENCE

We collect personal information about the Recipient in order to provide the Recipient with our Online Services, to contact and communicate with the Recipient, to respond to the Recipient's enquiries and for other purposes set out in our Privacy Policy.

Case notes. As a counsellor, Karine Rayson is professionally required to keep case notes of Online Counselling sessions. Those notes are stored securely in our client management system. In line with PACFA’s Good Practice Guidelines on maintaining client records, we keep case notes for at least 7 years from the date we last provided services to the Recipient. Our Privacy Policy explains this in more detail. They are not shared with the Client, with any employer, or with any other person, except where clause 10(c) applies (for example, where we are compelled by a court subpoena or are required by law to disclose).

We collect sensitive health information about the Recipient during the course of providing the Recipient services. We only collect the information that the Recipient chooses to provide us in order to assess the Recipient's condition and provide the Recipient with our services. Sensitive information will never be provided to the Client.

Use of artificial intelligence. We use artificial intelligence tools to help transcribe and refine our case notes and administrative records. Where we do this: a suitably qualified person always reviews the notes and remains responsible for their content; no decision about the Recipient, their care or their access to services is made by an automated system alone; we only use providers on plans whose terms prevent the Recipient's information being used to train the provider's models, and we will tell the Recipient on request which providers we currently use; and the Recipient may ask us not to process their case notes using these tools by emailing karine@thecrewcoach.com, and we will accommodate that request.

Our Privacy Policy sets out the categories of information involved, how long we keep it, where it is stored, the service providers we use, and how the Recipient can access or correct their information or make a complaint.

Our Privacy Policy contains more information about how we use, disclose and store the Recipient’s information and details how the Recipient can access and correct the Recipient’s information. By using the Apps, the Recipient agrees to be bound by our Privacy Policy.

5. LIABILITY

5.1. WARRANTIES

To the maximum extent permitted by applicable law, and subject to clause 5.1(b), all express or implied representations and warranties not expressly stated in this agreement are excluded.

Nothing in this agreement limits the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. If the Recipient is resident outside Australia, they may also have rights under the consumer laws of their country of residence, and nothing in this agreement limits those rights.

5.2. DISCLAIMERS

The nature of Online Services has inherent risks that are beyond our control. The Recipient is responsible for ensuring that the area in which the Recipient undertakes the Online Services is safe, private and free of any hazards.

If the Recipient is ever uncomfortable with any action or question asked of the Recipient during Online Services, the Recipient must inform us and not undertake that action or answer that question. We rely solely on the information and feedback provided verbally by the Recipient in providing the Online Services.

Subject to clause 5.2(d) and to the maximum extent permitted by applicable law, the maximum aggregate liability of The Crew Coach to the Recipient under or in connection with this agreement is limited to the amount paid for the particular Online Service giving rise to the liability, or, where the liability does not relate to a particular Online Service, to the Fees paid to The Crew Coach in respect of that Recipient in the 3 months before the event giving rise to the liability. Where the Recipient is also the Client, The Crew Coach’s liability is capped under the Commercial Terms & Conditions.

Nothing in this agreement excludes, restricts or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of our confidentiality or privacy obligations; or (iv) any other liability that cannot lawfully be excluded or limited, including under the ACL.

5.3. INDEMNITY

The Recipient agrees to indemnify The Crew Coach and our officers, contractors, employees and agents (“those indemnified“) against any loss (including reasonable legal costs) or liability incurred or suffered by those indemnified, to the extent that the loss or liability was caused or contributed to by the Recipient’s:

breach of any term of this agreement; or

negligent, fraudulent or criminal act or omission.

The Recipient’s liability under this clause 5.3 is reduced proportionately to the extent that the loss or liability was caused or contributed to by an act or omission of The Crew Coach or those indemnified.

5.4. CONSEQUENTIAL LOSS

The Crew Coach will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

5.5. GOVERNING LAW

1. This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and the courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement, and irrevocably waives any objection to the venue of any legal process in those courts on the basis that the process has been brought in an inconvenient forum. Nothing in this clause prevents The Crew Coach from applying for urgent injunctive or interlocutory relief, or from enforcing a judgment of those courts, in any court of competent jurisdiction.

B. – ONLINE COUNSELLING

This Part B applies if the Client has agreed with The Crew Coach that the Online Services
include Online Counselling.

6. ABOUT ONLINE COUNSELLING

Online Counselling provides an opportunity to explore a personal difficulty in a confidential and supportive environment. This may include expressing feelings that are painful, and which many of us experience at certain times in our lives. When this happens it can be difficult to stay positive and cope with everyday life. Online Counselling can provide you with the opportunity to access counselling support at a time and in a place which is convenient to you and be supported in trying to find a positive way forward with personal issues or concerns.

Online counselling may be able to help with a wide range of issues, including abuse, anxiety, stress, eating difficulties, loneliness, relationship problems, bereavement, depression, self-esteem, identity, and experiences of abuse or discrimination, and many more. However, not all types of issues can be resolved through Online Counselling and we will advise you if we consider that face-to-face counselling or some other form of support might be more appropriate to your personal needs and presenting issues. Where we consider that Online Counselling would not be the most suitable means of support, we will make every effort to assist you with a referral to an appropriate alternative source of support.

However, not all types of issues can be resolved through Online Counselling and we will advise you if we consider that face-to-face counselling or some other form of support might be more appropriate to your personal needs and presenting issues. Where we consider that Online Counselling would not be the most suitable means of support, we will make every effort to assist you with a referral to an appropriate alternative source of support.

Online Counselling is not an emergency or crisis service and is not a substitute for medical or psychiatric care. If you are in crisis or at risk of harm, contact your local emergency service immediately, or ISWAN on +44 (0)300 012 4279. In Australia, call 000 or Lifeline on 13 11 14.

7. REQUESTING ONLINE COUNSELLING SESSIONS

We use a third-party booking and client management platform (the Booking Platform) to allow the Recipient to make Bookings. As at the date of these terms, that platform is GoHighLevel (Booking Platform).

To attend any Online Counselling sessions, the Recipient must book an appointment with us via the Booking Platform (Booking Request).

By using the Booking Platform, the Recipient agrees that the platform provider’s terms and conditions and policies apply to our provision of the Booking Platform to the Recipient, and the Recipient’s use of it.

We accept no responsibility for any failure of the Booking Platform that limits the Recipient’s ability to make a Booking. However, if the Recipient does encounter any issues, please contact us at karine@thecrewcoach.com or on +61 402 065 101 and we will work with the Recipient and the platform provider to resolve the issue.

8. INTAKE FORM & BOOKING CONFIRMATION

Following a Booking Request, we will send the Recipient an email confirming the Recipient’s Booking and asking the Recipient to complete an Intake Form (Intake Form).

The Intake Form will ask questions to help us to prepare for the Booking. In completing the Intake Form, the Recipient consents to us assessing the Recipient’s information.

All information collected through the Intake Form will be treated in accordance with our Privacy Policy and clause 4.

Unless we decide to refer the Recipient to an alternative and more appropriate service (for example, a psychiatrist), we will confirm the Recipient’s Booking Request and email the Recipient information about how to access the Online Services (Booking).

9. COUNSELLING, NOT PSYCHOLOGY SERVICES

The Crew Coach provides professional counselling services. The Recipient acknowledges and agrees that the Online Counselling is not performed by an accredited psychologist or psychiatrist, is not a medical service, and does not involve diagnosis, prescription or treatment of any medical or psychiatric condition.

10. CONFIDENTIALITY

The Crew Coach is bound by the Psychotherapy and Counselling Federation of Australia (PACFA) Code of Ethics (as in force from time to time, currently the PACFA Code of Ethics 2017), which includes maintaining client confidentiality and privacy.

All information disclosed to the Crew Coach during Online Counselling Services will be kept private and confidential, except for where clause 10(c) applies. No records of Online Counselling sessions will be kept in any academic, educational or job placement files, nor will such records be provided to the Client.

The Crew Coach may be obliged at law to disclose the information the Recipient discloses to The Crew Coach to relevant third parties if: The Crew Coach considers, in its professional judgement, that the Recipient may harm themselves or others; or where we are ordered or required to disclose information by law, such as by a court subpoena or a mandatory reporting obligation.

The Crew Coach will discuss this confidentiality position with the Recipient during the first Online Counselling session.

Where we can safely do so, we will tell the Recipient before making a disclosure under clause 10(c), and we will disclose only what we are required to disclose.

11. CANCELLING ONLINE COUNSELLING SESSIONS

If the Recipient cannot attend a Booking, the Recipient must give us at least 24 hours’ notice. The Recipient may reschedule the Recipient’s Booking by creating a new Booking using the Booking Platform.

If the Recipient provides more than 24 hours’ notice to cancel a Booking, the Client will not be charged a cancellation fee.

If the Recipient cancels a Booking less than 24 hours before the Booking time, the Client will be required to pay all of the Fees for that Booking. We will not charge a late cancellation fee where the Recipient could not attend because of a medical emergency, a safety incident on board, or another cause outside their reasonable control.

Subject to attempting to find a workaround under clause 3.2(a), in the event of significant interference of internet connection, the Recipient may reschedule a new Online Counselling session with The Crew Coach free of charge.

C. – ONLINE COURSES

This Part C applies if the Client has agreed with The Crew Coach that the Online Services include Online Courses (including the Uplevel Program).

As a condition of participating in any Online Course provided by The Crew Coach, you agree
to be bound by these conditions.

The Uplevel Program. The Uplevel Program is a bespoke program delivered to a Client’s crew. Its content, duration, delivery format and fees are scoped for each Client, depend on the number of Recipients participating, and are set out in the written quotation given to the Client before the program starts. The completion periods in clause 12(b), the continuing access in clause 12(c), the re-enrolment fee in clause 12(d) and the 30-day money-back guarantee in clause 12(i) do not apply to the Uplevel Program. Where there is any inconsistency between that written quotation and this Part C, the quotation prevails for that program.

12. ONLINE COURSE AND COURSE AREA

The Crew Coach will maintain and provide the Recipient with access to an online portal that will include videos, lessons, forms, worksheets, checklists, and other information which collectively makes up the Online Course (Course Area).

Enrolment cannot be deferred. The Recipient has the following period from the course commencement date to complete their Online Course: (i) Foundational Leadership course – 6 months; (ii) Advanced Leadership course – 12 months; and (iii) Yacht Crew Wellbeing course – 12 months. If the Recipient has not completed the course within that period, their enrolment lapses and they will need to re-enrol to continue.

Continuing access for graduates. If the Recipient completes their Online Course within the period set out in clause 12(b), we will continue to give the Recipient access to the course materials in the Course Area at no further charge for as long as we continue to offer that course. If we withdraw or replace a course, we will give the Recipient at least 90 days' written notice before their access ends, and we will make the current materials available for download during that period. This continuing access is personal to the Recipient, is not transferable, and remains subject to the licence in clause 16 and to clause 12(e).

Re-Enrolment Fee  Where a Recipient’s enrolment has lapsed under clause 12(b), a re-enrolment fee of €250 will apply. This fee covers administration, access renewal, and course material updates.

The Client will not be entitled to a refund on the Fees paid for the Online Course on the basis that the Recipient failed to use or otherwise access the Online Course during the time when the Course Area was accessible. This is subject to the 30-day money-back guarantee in clause 5.2(f) of the Commercial Terms & Conditions, and to the Client’s and the Recipient’s rights under the Australian Consumer Law.

Private Tutoring Sessions Recipients who require additional academic or coaching support beyond the standard course delivery may request private tutor sessions directly with Karine Rayson. Private sessions are available at a reduced rate of €90 per hour, subject to Karine’s availability and scheduling requirements. We will confirm the charge with the Client before a private session is booked, and it is only payable if the Client agrees to it.

The Recipient agrees to the terms and conditions of the platform provider of the Course Area, and indemnifies the Crew Coach for any breach of those terms and conditions by the Recipient, to the extent the breach was not caused or contributed to by The Crew Coach.

Assignments – All course assignments must be submitted before the end of the completion period set out in clause 12(b). Work submitted after that period will not be accepted unless we have agreed otherwise in writing.

30-day money-back guarantee. The Foundational Leadership course and the Advanced Leadership course are offered with a 30-day money-back guarantee, on the conditions set out in clauses 5.2(f) to 5.2(h) of the Commercial Terms & Conditions. Those conditions include completing a minimum amount of the course, and an administration fee of 20% of the Fees paid for the course is deducted from the refund. The guarantee does not apply to the Yacht Crew Wellbeing course, the Uplevel Program or any other Online Course. Nothing in this clause limits the Recipient’s rights under the Australian Consumer Law, which apply to every Online Course.

13. PRIVATE DISCUSSION GROUP

The Crew Coach will maintain and provide the Recipient with access to an online discussion group that may include forums and chat groups for the Recipient to connect with other members to discuss the Online Courses (Private Discussion Group).

The Crew Coach does not make any representations or guarantees about its own participation, or the participation of any of its employees, founders or members, in any Private Discussion Group.

The Recipient is required to abide by all rules posted by The Crew Coach in a Private Discussion Group. If the Recipient fails to abide by any of those rules, The Crew Coach may give the Recipient a warning and, if the behaviour continues or is serious enough to warrant it, may remove the Recipient’s access to the Private Discussion Group. We will tell the Recipient why.

If the Recipient’s right to participate in a Private Discussion Group is revoked in accordance with clause 13(c), the Client will not be entitled to any refund of the Fees for the Private Discussion Group, unless the removal was not reasonably justified, in which case we will refund the Fees for the unused portion. Removal from the Private Discussion Group does not affect the Recipient’s access to the rest of the Online Course.

14. OTHER COURSE ELEMENTS

(Recordings) The Online Courses, or parts of your contribution to the Online Course including photos or screenshots of your participation in an Online Course, may be recorded. Recordings are shared only with the participants in your intake, and with our personnel for training purposes. We will not use any recording, photograph, screenshot or quote that identifies you for marketing or promotional purposes without first asking for and obtaining your express written consent, which you may withdraw at any time by emailing karine@thecrewcoach.com.

(Bonuses) From time to time, The Crew Coach may offer bonus services or resources to individuals who sign up for the Online Courses. Any bonuses you are entitled to shall be offered to you at the time of registration for the Online Course.

(Support) The Recipient may contact The Crew Coach by phone or email to share a success or seek clarification on an issue. The Crew Coach considers that providing this support to the Recipient is a necessary part of the Online Courses. The Crew Coach will always advise the Recipient in advance if the nature of the Recipient’s contact is likely to incur an additional charge, and no such charges will be imposed without the Recipient’s agreement.

(Confidentiality & Respect) You acknowledge and agree that you must respect the confidentiality, privacy and opinions of all other participants in the Online Course. Any behaviour or comments that The Crew Coach deems, acting reasonably, to be inappropriate, disruptive, derogatory or otherwise offensive to any other participant in the Online Course will entitle The Crew Coach to remove the Recipient from the Online Course after giving a warning where it is appropriate to do so. Where the Recipient is removed for serious misconduct, no refund is payable. In any other case, we will refund the Fees for the unused portion of the Online Course.

14.2 ASSIGNMENTS AND PRIVATE TUTORING: ADDITIONAL FEES:

Recipients are encouraged to ask questions during Group Call Sessions. Additional time over and beyond your group coaching calls will be charged at €90 per hour. This is to make sure you make best use of your group coaching time. Please email karine@thecrewcoach.com for further information on scheduling. We will confirm the charge with the Client before any additional time is booked, and it is only payable if the Client agrees to it. Completion periods and the re-enrolment fee are dealt with in clauses 12(b) and 12(d). All amounts in this Part C are in euro (EUR); any currency conversion or bank charges are the Client’s responsibility.

15. PERSONAL RESPONSIBILITY

While the coordinators of our Online Courses will use their best efforts to make the Online Courses useful for you, you acknowledge and agree that:

the Online Course provides information for general purposes only, which is not tailored to your specific and personal circumstances;

the Online Course is general education. We do not promise that it will suit your particular circumstances, your employer’s requirements, or the law of any particular country, and you should check anything that matters to your situation;

The Crew Coach makes no warranties that the Online Course will bring about any particular result for you, or that the Online Course will cover any particular content or information;

many factors will be important in determining your actual results and there is no guarantee that you will achieve results similar to any other person who has undertaken our Online Course. We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk; and

the Online Course is not medical, legal, financial or other professional advice. If your situation calls for that kind of advice, please get it from a qualified professional before acting.

Nothing in this clause 15 limits the guarantees that apply to the Online Courses under the Australian Consumer Law, including that they will be provided with due care and skill and will be reasonably fit for the purpose we say they are fit for.

16. INTELLECTUAL PROPERTY IN COURSE MATERIAL

Our Online Courses will contain Material, in which The Crew Coach owns or licenses the Intellectual Property Rights (Online Course Material). Online Course Material may include videos, e-books made up of web pages, text, graphics and images.

The Crew Coach retains ownership of the Online Course Material and reserves all rights in any Intellectual Property Rights owned or licensed by The Crew Coach not expressly granted to you.

Nothing in this agreement transfers any Intellectual Property Rights in the Online Courses to the Recipient.

The Crew Coach grants to the Recipient a non-exclusive, royalty free, non-transferable and revocable licence to use the Intellectual Property Rights in the Online Services to the extent required for the Recipient to receive the Online Courses.

The Recipient may make one digital copy of each piece of Online Course Material for its own personal use during the duration of the Online Course only. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish any Online Course Material, without prior written consent from The Crew Coach or as permitted by law.

The Recipient grants to The Crew Coach a non-exclusive, royalty free, non-transferable and revocable licence to use the Intellectual Property Rights in any material the Recipient posts, uploads, inputs, provides or submits to the Online Course Area, for the purpose of operating and delivering the Online Course. This licence does not extend to using that material for marketing or promotional purposes, which requires the Recipient’s express written consent under clause 14(a), and it does not apply to any personal or sensitive information the Recipient shares.

D. – SUBSCRIPTION PACKAGED SERVICES

This Part D applies if the Client has agreed with The Crew Coach that the Online Services include
Subscription Packaged Services.

17. SCOPE OF SUBSCRIPTION

Unless otherwise agreed with the Client, the Subscription Packaged Services include:

group coaching sessions (1 per month);

pre-recorded training sessions (1 per month);

guest expert training sessions (1 per month);

unlimited access to chit chat sessions; and

a discount (as agreed with The Crew Coach) on Online Courses for annual Subscription Packaged Services.

The Recipient may email The Crew Coach with administrative questions about the Subscription Packaged Services. All other questions should be directed to the Facebook community and The Crew Coach will endeavour to respond within a reasonable timeframe.

18. GROUP COACHING SESSIONS

The Recipient acknowledges and agrees that, when taking part in a group coaching session, they:

must arrive on time, ready and willing to participate;

must not disparage or be rude to other participants;

must be respectful of other participants’ beliefs and opinions; and

need to participate and engage in the group coaching session fully to benefit from it; and

The length of each coaching session will typically be 1 hour, unless otherwise agreed.

The Crew Coach may assign optional tasks to complete between coaching sessions. The Recipient is not obliged to complete the tasks, however failure to do so may slow down the Recipient’s progress.

The Recipient acknowledges and agrees that The Crew Coach does not make any guarantees that the Recipient will improve at their job or improve any specific skill as a result of the group coaching session.

The Crew Coach will discuss with the Recipient their preferred style of coaching. The Recipient may talk openly and candidly with their coach, and the Recipient is encouraged to discuss any concerns they have with The Crew Coach on any area of the coaching process. The Crew Coach welcomes openness and honesty.

The Crew Coach may remove a Recipient from a group coaching session where the Recipient’s behaviour breaches clause 17.1(a), after giving a warning where it is appropriate to do so. Where a Recipient is removed for serious misconduct, no refund is payable. In any other case, we will refund the Fees for the unused portion of the Subscription Period.

Feedback relating to group coaching sessions is welcomed and can be given during a session or by emailing The Crew Coach at karine@thecrewcoach.com.

From time to time, the Recipient may be requested to complete a feedback form. These forms are purely for service improvement purposes, and they are anonymous.

19. PRE-RECORDED TRAINING VIDEOS

The Recipient acknowledges and agrees that:

their access to the pre-recorded training videos will be available for 3 months after the date they are made available, after which the Recipient will no longer be able to access the pre-recorded training videos;

the Recipient must not share the pre-recorded training videos with any other person;

the pre-recorded training videos are generic in nature and may not be suitable for any Recipient’s specific circumstances; and

some content may be confronting. If a pre-recorded training video causes the Recipient distress, the Recipient should stop watching and can contact us at karine@thecrewcoach.com to talk about support options. If the Recipient needs urgent help, they should contact their local emergency service, or ISWAN on +44 (0)300 012 4279 (in Australia, 000 or Lifeline on 13 11 14).

20. GUEST EXPERT TRAINING