Commercial Terms & Conditions
Welcome to The Crew Coach online! We look forward to working with you.
Before you engage us to provide Online Services, please carefully read this agreement. You can
read a bit more about our Online Services options on our website accessible here (Website).
By clicking “accept” when prompted to agree to this agreement, or otherwise making any payment
to us or continuing to instruct us in relation to the Online Services, the Client agrees to be bound by
this agreement.
Please note that we do not provide emergency services. If you’re having suicidal thoughts or you
are at risk of self-harm or harm to others, please contact the International Seafarers’ Welfare and
Assistance Network (ISWAN) on +44 (0)300 012 4279.
Who is the agreement between and who needs to sign what bits?
This “agreement” means these Commercial Terms & Conditions and the Service Terms & Conditions.
When We talk about “The Crew Coach”, “We”, “Our”, or “us” in the agreement, we are referring to The Crew Coach Pty Ltd ACN 623 561 884.
Our “Client” or “you” , is the person or entity entering into this agreement with us. The Client may be yacht management company, the owner of vessel, or the Client may be the crew member who will receive our Online Services directly.
– If the client is entering ito this agreement on behalf of the crew, the client is resposnible for ensuring that all crew members (the “Recipients”) agree to the services Terms & Conditons.
– If the Client is the crew member in their personal capacity (the “Recipients”), the client must also agree to ther Service Terms & Conditions before participating in any Online Services.
In all cases, these Commercial Terms & Conditions will apply to the Online Services.
TERMS AND CONDITIONS
1 KEY TERMS
In this agreement, the following words and phrases have the following meanings:
Term
Meaning
Client
means the person or entity entering into this agreement with The Crew Coach.
Online Services
means any of the activities that The Crew Coach may perform in accordance with the Service Terms & Conditions.
Recipient
means any person who will receive the Online Services, being either:
- - the Client themselves; or
- - the crew members of the Client,
Services App
means the Zoom video conferencing platform, accessible at this link: https://zoom.us/
Services Terms & Conditions
means the terms and conditions to be agreed to by all Recipients of the Online Services.
Subscription Period
has the meaning given in clause 4.2(a).
2 DURATION OF AGREEMENT
This agreement commences on the date the Client ticks the tick box to accept this agreement, and will continue in force, including in relation to all Bookings for Online Services unless and until terminated in accordance with clause 2(b).
The Client may terminate this agreement at any time in accordance with clause 9.
3 SERVICE INCLUSIONS & SUBSCRIPTIONS
At the time of agreeing to this agreement, the Client will select which of our Online Services are applicable.
If the Client is not the Recipient, the Client is responsible for ensuring that the Recipients are aware of the Online Services available to them.
The Online Services will be performed in accordance with the Services Terms & Conditions. All Recipients of the Online Services must agree to the Services Terms & Conditions before the Online Services will be provided to that Recipient.
4 PAYMENT
4.1 PAYMENT
The Client must pay our Fees in the amounts and at the times as agreed in writing with the Client (Fees).
Payments are due upfront unless we have agreed to a payment plan. If you agree to a payment plan, you authorise The Crew Coach to direct debit your nominated bank account for each instalment of the Fees and you agree to sign all further documents that may be necessary to give effect to the direct debit authorisation.
If a payment is required upfront, that payment must be made to secure the relevant booking or placement.
The Client may pay our Fees through our third-party payment provider, Stripe (or as otherwise advised from time to time), or by direct payment to us at the bank account we provide to the Client.
If the Client uses our third-party payment provider to pay our Fees, a 2.9% fee to the Payment Provider may be charged. The processing of payments by the Payment Provider will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting the Client’s payment.
Unless otherwise indicated, amounts displayed when submitting the Booking Request do not include GST. In relation to any GST payable for a taxable supply by us, the Client must pay the GST subject to us providing a tax invoice.
We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
4.2 SUBSCRIPTION PAYMENTS
If the Client signs up for Subscription Packaged Services, the Client may sign up for a monthly subscription or an annual subscription (Subscription Period).
If the Client signs up for an annual subscription, the Client will receive 2 months of free Online Services.
4.3 MEDICARE AND INSURANCE REBATES
The Online Services are not covered by Medicare, and Medicare rebates will not be applicable to the Online Services or claimable by the Client or the Recipient.
If the Client wishes to claim a rebate for any of the Online Services under an insurance policy held by the Client or a Recipient, the Client will be solely responsible for determining the applicability of the policy, completing the required administration and complying with the insurer’s requirements. The Crew Coach will provide you with an invoice if requested for the purposes of you making any such insurance claims.
4.4 SUSPENSION OF TREATMENT
We reserve the right to not perform any Booking or suspend all or part of the Online Services indefinitely where the Client fails to pay the Fees in the amounts and times agreed. The right to suspend the services will apply even if the Client has agreed to a payment plan.
4.5 LATE PAYMENT AND DEBT RECOVERY
If the Client does not pay an amount due under this agreement on or before the date that it is due the Client must pay us interest at the rate of 8% per month on the amount due, calculated daily (please note interest rates may change and we will provide the Client with notice of this).
5 REFUNDS
5.1 REFUNDS FOR COUNSELLING SERVICES & ONLINE COURSES
Given the nature of the Counselling Services, we generally don't offer refunds for Counselling Services.
Please let us know if you have any issues with our Counselling Services Courses that you think should entitle you to a refund and we'll consider your situation.
If a payment is required upfront, that payment must be made to secure the relevant booking or placement.
5.2 REFUNDS FOR ONLINE COURSES
(2.a) We don’t offer refunds for Online Courses where the Client or the Recipient:
changes their mind about undertaking an Online Course; or
fails to participate in an Online Course during the time in which the Course Area is available to the Recipient.
(2.b) We will provide a full refund of the Fees paid for an Online Course if we determine that:
The Online Course was not made available to you, and cannot be made available to you, solely due to a failure by us; or
The Online Course did not cover the information we represented to you in writing that the Online Course would cover.
(2.c) If you believe that you are entitled to a refund on an Online Course in accordance with clause 5.2(b), you may contact The Crew Coach providing the reasons as to why you believe you are entitled to a refund. We will assess your request and we will issue you with a refund if, in our absolute discretion, we determine that you are entitled to a refund in accordance with clause 5.2(b).
(2.d) Nothing in this clause 5.2 is intended to limit or otherwise affect your rights under the Australian Consumer Law.