Terms and Conditions

IMPORTANT NOTICE TO ALL USERS OF THIS WEB SITE

'International Coach Academy' is operated by International Coach Academy Pty Limited (ABN 83 094 039 577) ("International Coach Academy").

Preface: This is a legal document intended to have legal significance. If you do not understand all parts of this agreement, please seek advice from a qualified legal practitioner.

1. Access and Use

By accessing and using this site (including registering for our online educational and coaching services), you are agreeing to our Terms and Conditions of Use. If you do not agree to these terms, please do not use the site. We reserve the right to make changes to them at any time without notice, so regularly check for updates. By using the site, following an update, you are agreeing to the terms of the update.

These terms and conditions are subject to the laws of the State of New South Wales, Australia. The courts of New South Wales shall have exclusive jurisdiction over any dispute between International Coach Academy and you (except for any matter involving infringement of the intellectual property rights in the Content, in which case the jurisdiction of the New South Wales Courts shall be non-exclusive).

2. Trademarks Copyright, and Confidentiality

All information, text, graphics, video, sound clips, software and other material of this website and all manuals, training and coaching materials provided by International Coach Academy (the "Content") are Copyright © 2003 International Coach Academy Pty Limited. All Rights Reserved. International Coach Academy is an unregistered trade mark - registration pending. All other trademarks, service marks and logos used in this website are the property of their respective owners.

The Content is protected by Australian and International Copyright and Trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this website or expressly authorised in writing by International Coach Academy. The parts of Content which you are authorised to use with your clients - the "items from the ICA Coaching Toolbox" will be clearly marked as such in the relevant sections of the web site. Strictly on the condition that you keep all Content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the Content solely for your personal, noncommercial use, except as provided in Clause 5 - "Licence". You must not use the website, any Services or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right or which is prohibited by the Terms of Use.

Except as provided in Clause 5 - "Licence", you agree to hold confidential the coaching and training techniques, forms, methods, processes, concepts and other material embodied in the Content on the website, in the weekly group training classes, and as otherwise delivered by International Coach Academy. This clause survives termination of this agreement for any reason.

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3. Licence

On payment of the Fees, International Coach Academy grants you a non-exclusive licence (with no right to grant sub-licences) to use our coaching techniques and items from the ICA Coaching Toolbox strictly for the purposes of providing coaching services to both individuals and groups, including businesses and corporations. You may provide items from the ICA Coaching Toolbox to, and use them with, your clients. However, you may not make them accessible to the general public on your website or through other means unless specifically allowed in the Copyright notice of a particular piece of content.

Any written material reproduced by you which includes any part or all of items from the ICA Coaching Toolbox must include attribution of authorship to International Coach Academy and the applicable Copyright notices and contact information. You may not adapt, abridge, alter or repackage items from the ICA Coaching Toolbox without written permission of International Coach Academy.

You may not use items from the ICA Coaching Toolbox or any of the learning content itself or our coaching or training techniques to train coaches. This licence remains in force provided it is not terminated or revoked under clause 21 or 22.

4. Graduation, Requirements, and Revocation

Payment of the Fees does not guarantee Graduation.

To ensure quality training, graduation of our training courses is at the sole discretion of International Coach Academy. You will be required to pass certain minimum criteria, including but not limited to a) a number of training hours, b) a number of weekly group training calls, c) one or more examinations or assessment tests, d) a period of being coached by a designated International Coach Academy coach, e) participation in online discussion forums, and f) ethical conduct.

You have up to 24 months to attain certification. If you do not meet the graduation requirements as determined by International Coach Academy within that period, you may at our discretion be allowed to extend your training period for an additional fee to be determined by International Coach Academy.

Your Graduation Certificate may at any time be revoked, and you agree to return it to International Coach Academy, if in the opinion of International Coach Academy you do not meet the ethical conduct guidelines set down from time to time by the International Coach Federation, or if you breach any other conditions of this agreement. In the case of your Certificate being revoked, your Licence to use the Material is also revoked, and your Fees are not refundable.

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5. Services

We will provide distance and online learning for coach training and related educational services (the "Services"), and a "Licence" to use our coaching techniques and Client Materials, to you for the Fee and according to the commencement and syllabus terms set out on the web pages describing each course.

6. Payment of the Fees, and Late Fees

Our terms are payment of the "Fees" as set out on the registration web pages. Payment may be made by credit card (MasterCard, Visa, and AMEX), international money order, or bank cheque, or at our discretion: personal cheque, or regular money order. We reserve the right to suspend or cancel your registration for a course if we have not received payment of the Fees strictly in accordance with the payment schedule you elect. All late fees will incurr a fee of 10% of the amount owing, provided the late amount AND the late fee are paid no later than one month after the due date.

If you are later than one month, you may elect suspension of your course for a period of no more than six months. You may be reinstated provided the original payment schedule is recommenced, and a reinstatement fee of 10% of the total tuition is paid no later than 6 months from the suspension date. (No other late fees will be applicable).

We also draw your attention to clauses 20, 21 and 22 of these Terms and Conditions.

If you have paid a deposit for a course, you may elect to defer to a course commencing no later than 6 months from the date of paying your deposit, bearing in mind you will be liable for any Fee increases over that period. If you do not pay your full course Fee within this time, your deposit is not refundable.

If you fail to meet the above and payment is not made International Coach Academy will pursue legal action for the outstanding fee and any legal costs incurred will be paid for by you.

7. GST and Tax

Fees in Australian Dollars are quoted inclusive of Goods and Services Tax ("GST"), in the manner prescribed by the Commonwealth of Australia (for Australian residents only), together with any other sales tax, withholding tax, and any other tax or duty imposed on a supply of the Services (apart from any taxes or duties to which International Coach Academy is liable).

8. Additional Costs to You

On payment of the Fees, you are entitled to access the training material (in stages as determined by International Coach Academy), and the weekly group training classes. Your tuition includes the cost of hiring the teleconference bridge, and providing your coach where applicable during the course.

You will be responsible for the cost of connecting to your Internet Service Provider, the cost of your telephone calls to the weekly group training class and the cost of one thirty minute call every two weeks to your coach. These calls may or may not be to destinations outside your country.

9. Security

We are committed to protecting the security of our customers' information as well as the confidentiality of commercial and corporate information within the web server hosting our web site(s) and our internal computer systems.

Please note as well that unencrypted E-mail communications over the Internet are not secure (i.e. private) at this time. We do not encourage anyone to send information which must remain confidential to us using unencrypted E-mail. (We provide a secure web page for sending financial information). We are not liable if you send confidential information to us over the Internet using regular, unencrypted E-mail.

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10. Disclaimer and Limitation of Liability

The Trade Practices Act and similar State and Territory Legislation in Australia and in New Zealand (except where goods or services are acquired for business purposes) the Consumer Guarantees Act 1993 (NZ), may confer rights and remedies on you in relation to the provision by International Coach Academy services which cannot be excluded, restricted or modified ("Non-excludable Rights"). International Coach Academy does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) the Services, Content and this website is provided "as is" and without warranties of any kind, either express or implied,

b) To the maximum extent permitted by law, International Coach Academy expressly excludes all terms, conditions and warranties of any kind implied by statute, custom or at common law

c) While we are committed to providing quality training, and we select our web server based on service and reputation, International Coach Academy does not warrant that the functions contained in any Content, the Website or the Services will be uninterrupted or error-free, that any defects will be corrected within a particular time frame, or that the Network or the server which stores and transmits Content to you is free of viruses or any other harmful components,

d) International Coach Academy will make all reasonable endeavours to ensure you have consistent access to the training material. Beyond this, we do not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content or the Services in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise as a result of actions or inaction on the part of our host web company,

e) The coaching methods taught, and coaching provided, as part of the Services are not a substitute for your independent judgement and experience. International Coach Academy does not warrant or guarantee that the coaching methods appearing in the Content, or the coaching provided during your course, will work in any particular circumstances, for you, or for any particular client. You, and your clients, are responsible and liable for the results they and you produce using the coaching methods and techniques,

f) At stages during the program you may be required to be coached by either a student coach or an experienced coach. You acknowledge you are responsible for your own actions, inaction, and decisions taken as a result of your coaching, and will not hold your coach or International Coach Academy responsible for any results or lack of results as a result of such coaching.

Under no circumstances (including but not limited to any act or omission on the part of International Coach Academy) will International Coach Academy be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website, the Services or any Content. You expressly acknowledge and agree that International Coach Academy does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, International Coach Academy' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of International Coach Academy to the following:

• in the case of Services (including the Content) supplied or offered by International Coach Academy, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by International Coach Academy, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

11. Legal Disclaimer

The information on this site is for personal knowledge and development only and is not intended to be a substitute for professional legal advice and does not constitute a legal opinion or legal advice for any purposes. You must not rely on the information on this site as a legal opinion or advice and you are urged to consult with a qualified legal practitioner.

12. General Disclaimer

The Content, the Services and all information presented on this website are solely for personal knowledge and development, and training of you as a coach. You are urged to perform independent research and to seek expert advice on the topics presented in this site. You must not rely on the information presented in this site as your sole source of information on any topic; your reliance on such information is strictly at your own risk.

13. Links

This site may contain links to other websites operated by third parties. These websites may not be under the control of International Coach Academy, and we are not liable for the content of any third party website accessed directly or indirectly through a link. When you click on a link to access a linked site, you acknowledge that International Coach Academy and their sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content that appears on the linked site - unless expressly stated otherwise.

14. Bad behaviour is not tolerated

Within this website, we will not tolerate the distribution of (by whatever means) content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion).

You are not permitted to use our chat areas, bulletin boards or E-mail service in any commercial manner. Any commercial solicitation by you of our other uses is prohibited. Guests are solely responsible for the content of their own messages. Violation of this clause may, at the discretion of International Coach Academy, result in suspension or cancellation of your course without refund.

By submitting any materials to us, you are granting to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use such materials in any way we may choose. This includes, but is not limited to, e-mails and discussion board postings.

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16. Recording of Weekly Group Training Classes

The training classes are generally recorded. These recordings are used for purposes such as training our trainers, training you, and for marketing and promotional purposes. You agree to such recording without us giving you notice, and to us using the recordings for training, promotional and marketing purposes. We are also committed to creating a safe space to enable our coaches to train freely. If we feel something very personal was mentioned, we will ensure that no more than the first name of the person involved is included in any recording we use. Further, you may request in writing that a particular recording in which you participated not be used. All such requests will be honoured.

17. Accuracy and Changes

Facts and information provided by International Coach Academy are believed to be accurate when placed on the website. Product offers, terms, course content and other information provided here are subject to change without notice.

18. Modification to Services, the Content or the Website

International Coach Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, the Content or this website (in part or whole) with or without notice. You agree that International Coach Academy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, the Content or this website.

19. Termination

You agree that International Coach Academy may terminate your use of the Services, and remove and discard any Content within the Service, for any reasonable reason, including, without limitation, for lack of use, if International Coach Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, non-payment of the Fees, or for behaviour or conduct inconsistent with the ethics set down by the International Coach Federation.

You agree that any termination of your access to the Services the Content or this website under any provision of this Terms and Conditions of Use may be effected without prior notice, and acknowledge and agree that International Coach Academy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Your Licence to use the Material would be revoked, as would your Graduation Certificate, unless otherwise agreed by International Coach Academy. Further, you agree that International Coach Academy shall not be liable to you or any third-party for any termination of your access to the Services, except as provided in clause 12.

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20. Cancellations and Refunds

Cancellations:
International Coach Academy reserves the right to cancel a program for any reason including if there are insufficient registrations and to refund a reasonable proportion of fees paid by registrants for that program.

Refunds:
The payment of Fees represents a commitment to your training as a coach.
International Coach Academy has a 30 day refund policy. If you wish to withdraw from the program you must inform International Coach Academy in writing within 30 days of your enrollment date. Your deposit, less an administrative fee of $500 USD , will be refunded. No refunds will be considered after 30 days.

21. Indemnity, and not an employee or agent.

You agree to indemnify and hold International Coach Academy, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any item you submit, post to or transmit through the website, your use of the website, the Content and the Services, your violation of these Terms and Conditions, your violation of any rights of another, or your providing, or lack of provision of, coaching services to any third party. This does not affect the consumers' statutory rights.

You acknowledge and agree that in providing coaching services to any third party, you are not an agent or employee of International Coach Academy.

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