1. Welcome and consent
Please read these Terms before you use the website or social media pages and contact us if you have any questions, our contact details are at the end of these Terms. If you access or use our website or social media you are taken to have agreed to these Terms. If you don’t agree with our Terms, then you must cease using our Website immediately.
3. General information for educational and informational purposes only
Our Website materials, images and copy including text, graphics, logos, images, course materials, as well as the compilation thereof, and any software used on the Website (Content) are designed to provide general information for educational and informational purposes only. Our Content is not advice. While we use reasonable efforts to ensure that our Content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness to the maximum extent permitted by law. Using our website or social media, downloading information, or otherwise receiving information from us does not mean that you are a client of Nicky Hammond Coaching.
4. Intellectual Property and Use
We own or licence all rights, title and interest (including intellectual property rights) in our Content. All Content is our property, or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our name, logo, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use our Website, solely for your individual use, in accordance with these Terms. Your use of our Website any of our Content does not grant or transfer to you any rights, title or interest in relation to our Website or Content.
Freemium Content: We provide various resources on this Website, which users may access by providing an e-mail address. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use our resources provided in exchange for an email address (the Freemium Content) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner. By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
Courses and Coach Materials: We provide various courses, programs, and coach materials for sale on this Website. All access to the courses and all use of the coach materials is governed by the Coach Terms and Conditions on our Website.
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. Emails and online communication
Visiting the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to us. Any such email or other electronic communication, however, does not create a business or contractual relationship. We will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively Communication Services). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
7. Providing us with testimonials
We appreciate your feedback. If you provide us with a testimonial, you permit us to post or otherwise use the testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.
To use our Website you must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website, anything which we would consider inappropriate or which might bring us or our website into disrepute. This includes without limitation:
a) anything that would be a breach of any other person’s privacy or any other legal rights;
b) using our Website to defame, harass, threaten, menace or offend any person;
c) interfering with anyone using our website or social media;
d) interfering with, tampering with or modifying, knowingly transmitting viruses or other disabling features or damaging our website or social media;
e) using our website or social media to send unsolicited email messages; or
f) facilitating or assisting a third party to do any of the above acts.
Competitors of Nicky Hammond Coaching are prohibited from using our Website and Content in any way that competes with our business.
9. Warranties and Disclaimers
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
To the maximum extent permitted by law, we make no representations or warranties about our website, social media or Content, including that:
a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
b) access will be uninterrupted, error-free or free from viruses; or
c) our Website will be secure.
You agree that we have not made any guarantees about the results of taking any action, whether recommended on this Website or not. We provide educational and informational resources that are intended to help users of this Website succeed. You recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond tour control and/or knowledge.
You read, use and act on our website, social media and Content at your own risk. To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website, social media and/or the Content and/or any inaccessibility of, interruption to or outage of our website or social media and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
10. Our right to be indemnified by you
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or social media or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
We are not responsible for third party sites: Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.
Varying these Terms: We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our website. The most current version will be posted on the Nicky Hammond Coaching website: www.nickyhammond.com and will be effective from the date of posting. We recommend you check our website to ensure you are aware of our current Terms. Content is subject to change without notice.
Discontinuing: We have a right to discontinue this Website. This can be at any time, and may be without notice. We may also exclude any person from using our website or social media, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Jurisdiction: Use of our website and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.
12. How to contact us
We welcome your questions or comments regarding the Website Terms, please contact us at:
The Trustee for Bal Gan Yong Trading Trust trading as Nicky Hammond Coaching
ABN 20 291 498 071
Email: [email protected]
Effective: 3 March 2021