Service Terms and Conditions
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:
If you are the Recipient of the Online Services but not the Client, and you are not sure which of these Online Services are available to you, please confirm with the Client before agreeing to these Services Terms & Conditions.
By clicking “accept” when prompted to agree to these Commercial Terms & Conditions, or otherwise proceeding to participate in any Online Services, the Recipient agrees to be bound by these Commercial Terms & Conditions, and our Privacy Policy which is incorporated by reference.
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
Acuity
means Acuity Scheduling, accessible at this link: http://acuityscheduling.com.
Booking
means a booking for Online Counselling made in accordance with clause 8(d).
Client
means the person or entity who entered into the corresponding
Commercial Terms & Conditions with The Crew Coach.
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.
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, 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
- - a crew member of the Client,
Subscription Packaged Services
means any of the activities performed by The Crew Coach for the
Recipient in accordance with Part D.
Zoom
means the Zoom video conferencing platform, accessible at this link:https://zoom.us/
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 crew member of an entity Client that has entered into our Commercial Terms & Conditions, without limiting or otherwise affecting the Commercial Terms & Conditions between the entity 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 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.
3. TECHNOLOGY OBLIGATIONS AND DISCLAIMERS
3.1. USE OF THE APPS
The Recipient agrees, in relation to Acuity, 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 What’sApp or FaceTime video call.
Any failure of Zoom, unless a workaround is not possible, will not entitle the Client to a refund for the relevant Online Service.
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 without 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 using the contact details on our Website.
4. PRVIACY COLLECTION NOTICE
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.
We collect sensitive health information about the Recipient during the course of providing the Recipient services. We only collect the information that the Recipient choose 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.
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, all express or implied representations and warranties not expressly stated in this agreement are excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund or replacement) if there is a failure with the services provided.
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.
To the maximum extent permitted by applicable law, the maximum aggregate liability of The Crew Coach to the Recipient is $0 unless the Recipient is also the Client in which case The Crew Coach’s liability is capped under the Commercial Terms & Conditions.
5.3. INDEMNITY
The Recipient agrees at all times to indemnify and hold harmless The Crew Coach and our
officers, contractors, employees and agents (“those indemnified”) from and against any
loss (including reasonable legal costs) or liability incurred or suffered by the Recipient where
such 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.
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 us, except to the extent this liability cannot be excluded
under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
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, depression, eating difficulties, loneliness, relationship problems, bereavement, depression, self-esteem, sexual orientation, sexual abuse, discrimination, and many more.
However, not all types of issues can be resolved through Online Counselling and I will advise you if I consider that face-to-face counselling or some other form of support might be more appropriate to your personal needs and presenting issues. Where I consider that Online Counselling would not be the most suitable means of support, I will make every effort to assist you in a referral to a suitable alternative source of support.
7. REQUESTING ONLINE COUNSELLING SESSIONS
We use a third-party booking service, Acuity Scheduling, to allow the Recipient to make bookings for Online Counselling (Acuity).
To attend any Online Counselling sessions, the Recipient must book an appointment with us via Acuity (Booking Request).
By using Acuity, the Recipient agrees that Acuity’s terms and conditions and policies apply to our provision of Acuity to the Recipient, and the Recipient’s use of Acuity.
We accept no responsibility for any failure of Acuity that limits the Recipient’s ability to make a Booking. However, if the Recipient does encounter any issues, please contact us and we will work with the Recipient and Acuity 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.
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.
10. CONFIDENTIALITY
The Crew Coach is bound by the Psychotherapy and Counselling Federation of Australia (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’s is 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 discretion, that the Recipient may harm themselves or others; or
where we are ordered to disclose information by law, such as by a court subpoena.
The Crew Coach will discuss this confidentiality position with the Recipient during the first Online Counselling session.
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 Acuity.
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.
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.
As a condition of participating in any Online Course provided by The Crew Coach, you agree
to be bound by these conditions.
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).
The Recipient will be granted access to the Course Area from the date of this agreement until the date this 12 months later, after which time The Crew Coach will revoke the Recipient’s access to the Course Area, including all Materials contained in the Course Area.
However, if the Online Course states that the possibility for extension is available, and the Recipient includes an extension, The Crew Coach may grant an extension in its absolute discretion.
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.
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.
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 Recipient will forfeit their right to participate in that Private Discussion Group and The Crew Coach will revoke their access to the Private Discussion Group.
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.
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 and shared publicly for the purpose of:
training of our personnel;
marketing our business and the Online Courses, by being added to our Facebook group.
Q&A
The Recipient may access up to 12 weekly question and answer sessions with The Crew Coach. The Crew Coach will provide the Recipient with details about how to participate in these questions and answer sessions during the Online Courses.
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, in its absolute discretion, 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 without entitling the Recipient to a refund.
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 Crew Coach makes no warranties in relation to the information provided during an Online Course being effective, fit for any particular purpose, suited to you or your business, or compliant with any particular law;
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
you should obtain specific medical, financial, legal, business and other professional advice (as appropriate to the circumstances) before relying on the information provided during an Online Course. By not seeking such advice, you accept the risk that the information contained in an Online Course may not meet your specific needs.
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 irrevocable licence to use the Intellectual Property Rights in any material the Recipient posts, uploads, inputs, provides or submits to the Online Course Area.
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 reserves the right to remove any Recipient from a group coaching session without liability to refund the Client.
Feedback relating to group coaching sessions is welcomed and can be given during a session or by emailing The Crew Coach at info@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
if any content in a pre-recorded training video triggers any adverse emotional response in the Recipient, the Recipient must contact emergency counselling services.
20. GUEST EXPERT TRAINING
The Recipient acknowledges and agrees that:
in order to secure guest experts, the Recipient must respond promptly to any invitation to a guest expert training session; and
all guest experts are third parties and anything they say and any content that they provide is not an opinion of The Crew Coach or endorsed by The Crew Coach.
21. CHIT CHAT SESSION
The chit chat sessions allow the Recipient to communicate with other community members to discuss any relevant challenges the Recipient experiences when using the Subscription Packaged Services.
The Recipient must at all times be respectful, courteous and not disparaging of other community members. The Crew Coach reserves the right to remove a Recipient’s access (without refund to the Client) to the chit chat sessions if The Crew Coach considers, in its absolute discretion, that the Recipient’s behaviour in a chit chat session is or is likely to be inconsistent with the requirements of this clause.
The Recipient acknowledges and understands that the community members participating in the chit chat sessions are not medical or psychological professionals and any advice received in a chit chat session should be considered accordingly.
22. RECORDINGS
You acknowledge and agree that parts of the Subscription Packaged services may be
recorded and shared publicly for the purpose of: