Effective Date: 01/07/2020
The Product is owned and operated by: Mentors & Business Coaches International Pty. Ltd. ATF MBCI Unit Trust (ACN 002381062)
We are committed to the protection of Your privacy while You use the Product.
We may change these Terms at any time and any changes will be effective from the time they are posted on the Product.
In these terms and conditions (Terms):
“Mentors & Business Coaches International (MBCI)”, “Us”, “Our” or “We” means Mentors & Business Coaches International Pty. Ltd. (ABN 79 845 696 405)
“Mentor Business Coach” (MBC). A MBC is a person who has completed the Train the Business Mentor Program, has applied and then been approved, to become a MBCI Business Coach.
“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
“Content” means any writing, images, audiovisual content or other information published on the Product.
“Items” means any and all of the Product, Services, Content and Materials collectively.
“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Services or Product.
“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.
“Personal Information” means information that We obtain from You in connection with Your use of the Product.
“Product” means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.mbcint.com
“Services” means any or all services provided by or on the Product.
“Third Party Links” means links or references to websites other than the Product links or references, to content other than the Content, or links and references to materials other than the Materials, none of which are controlled by Us.
“Us”, “We”, “Our” or “the Owner” refers to Mentors & Business Coaches International Pty.Ltd. ATF MBCI Unit Trust.
“Us”, “We”, “Our” or “the Owner” also includes any employees, affiliates, agents or other representatives of Mentors & Business Coaches International Pty.Ltd. ATF MBCI Unit Trust.
“User”, “You” or “Your” refers to the user of the Product and means:
a person who has registered to use Materials accessed from this Product.
any other person accessing the Product.
“Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
“User Information” means Your User ID and Password.
“User ID and Password” refers to credentials required to access the Product’s secure Document Management System (DMS) by registered MBCs.
Words referring to one gender include every other gender.
Words referring to a singular number include the plural, and words referring to a plural include the singular.
Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
Any obligation on a Party not to do something, includes an obligation not to allow that thing to be done.
4. Intellectual Property Rights
All names, logos and trade marks on this Product are the property of Mentors & Business Coaches International Pty. Ltd. ATF MBCI Unit Trust, or the third parties who have contributed to the Product. Nothing on the Product should be interpreted as granting any licence or any rights to use or distribute any names, logos or trademarks, without the prior written consent of Mentors & Business Coaches International.
All copyright in the Content on this Product is owned by Mentors & Business Coaches International Pty. Ltd. ATF MBCI Unit Trust, or its suppliers and/or licensors unless expressly indicated otherwise. The Content is protected by both Australian and international copyright laws.
5. Your use of the Product
Any Document prepared through this Product is for use solely by MBCI Business Coaches (MBCs) who have entered into a covenant agreement with Mentors & Business Coaches International. Your use of any Document produced through this Product is authorised solely in the manner provided by the agreement between You and Mentors & Business Coaches International.
You may not re-use any Document You have obtained through this Product for any additional matters or transactions that are not the subject matter of the original use of the Document. You may not sell, give away, rebroadcast, publish, republish, lend or otherwise distribute any of the Documents or other information contained in this Product, whether for free or for a fee, without the prior approval of Your MBCI mentor. Our liability is to You alone in relation to the Documents. You are responsible for ensuring that all information provided by You for entry into the Documents is correct in all respects. Your information is your property. You license use of that information to Us, so that We can provide Our services to You.
6. Suspension and Termination
Mentors & Business Coaches International may immediately suspend Your access to the Product or terminate Your registration as a User:
If You breach any of these Terms.
If We think that You have misused the Product or any Document.
On suspension or termination of Your registration, all licences granted under these Terms will end and You may not use the Product. Terms intended to apply after termination of Your registration will continue to apply.
7. User Information
You must ensure that Your User Information is kept safe and secure at all times. You must ensure that:
You do not reveal or otherwise disclose Your User ID or Password to a third party.
Your User ID or Password are not recorded in any way which would allow a third party to identify it as an access device.
You agree that You are solely responsible for all use of Your User ID or Password; You will change Your Password if We request You to do so and You will not gain or try to gain unauthorised access to the Product or any of Our other Users’ Documents or information. We retain the right to terminate Your access to the Product if We believe Your User ID or Password are being used in an unauthorised manner or have been compromised.
8. Licence to use Documents
We give Users a non-exclusive, non-transferable licence to print or download any number of copies of a Document for use in relation to the services between You, Your clients and Mentors & Business Coaches International. However, You may not change or modify any Document which has been assembled on or downloaded from the Product without prior approval from the MBCI Administrator. All changes to Documents must be reannotated by re-versioning and re-dating of the updated Document and You must keep intact all copyright and similar notices on the Documents.
9. No Legal or Financial Advice
The Product contains general information deemed valuable to You as an MBC. Such information is not intended to be comprehensive or to provide legal or financial advice. The information does not include consideration of Your individual investment objectives, financial situation or personal needs. We are not lawyers or financial advisers so We cannot give any legal or financial advice in relation to the Documents or the Document assembly process. The Documents are of a specific nature and have been developed for transactions under specific circumstances and are able to be customised to a limited degree. They may not have been drafted with Your country or Your particular circumstances in mind and may not be completely suitable for Your purposes. In these situations, Mentors & Business Coaches International strongly advises You to discuss Your specific requirements with Your MBCI mentor. Consideration should be given to taking appropriate financial, legal or other professional advice for Your own particular circumstances before acting on any information contained on this Product. Mentors & Business Coaches International and each of its employees, agents, contractors and every person involved in the preparation of these documents expressly disclaim all liability for any loss or damage whatsoever, (whether foreseeable or not) which may arise from any person acting or relying on any statements contained on this Product.
You acknowledge that:
You are acting without legal or financial advice from Us when using the Product or the Documents;
if You get any legal or financial advice, Your relationship will be with the lawyer or adviser You contact, and not with Us;
We have no liability for any advice given; and
due to the forever changing environment, the information in the Documents may become outdated.
10. Type of Information and how it is collected
When You use the Product, We do not collect information from You through automatic tracking systems (such as information about Your browsing preferences). However, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, We collect some of Your Personal Information, in the following manner:
We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
registering for workshops,
receiving notifications by text message or email about events and promotions, and
receiving general emails from Us.
In addition to any Personal Information that You are required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to register for programs, You may need to provide credit card information, billing information and postal addresses.
12. How Your Information is Stored
Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, We take the protection and storage of Your Personal Information very seriously. We take all reasonable steps to protect Your Personal Information.
We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure.
13. Combining Information
We do not combine, link or aggregate any of Your Personal Information with other Personal Information of Yours which We are holding.
14. How your information is used
We use Your Personal Information to help Us improve Your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
providing customer service to You.
marketing and advertising to You including both direct and indirect marketing and advertising.
marketing and advertising about products that may interest You based on Your personal preferences or demographics.
advising You about updates to the workshop or related Items.
15. Merger, Restructure or Sale of Our Business
Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, We may transfer Your Personal Information, including personally identifiable information, as part of that merger, restructure or sale.
16. Email opt in/out
17. Accessing, Updating and Correcting your Personal Information
You have the right to request access to any of Your Personal Information that We are holding.
You have the right to request any of Your Personal Information that We are holding be updated or corrected.
18. Disclaimer Regarding Security
19. Changes to this Policy
20. Cancellation, Withdrawals and Refund Policy
MBCI reserves the right to cancel, postpone or defer workshops due to low enrolments or unforeseen circumstances. Where a fee refund is due, such a refund will be provided within 30 days. Workshop information provided by MBCI is correct at the time of publication but may be subject to change. MBCI reserves the right to change course fees, dates, content or facilitators at its discretion. MBCI reserves the right to record, via video and/or audio, learning sessions for quality assurance purposes and to support participants. Fees paid for workshops are not refundable after workshop commencement unless special circumstances apply. All applications for refunds must be made in writing and received by the Administration Manager of MBCI prior to the subject commencement date provided. When a request for a refund is received, a letter acknowledging receipt of the request will be forwarded to You. In the case of special circumstances, the refund request will then be investigated and processed in accordance with the Cancellations, withdrawals, and refund policy stated above. Notification of the outcome, including a refund if applicable, will be forwarded within 30 days of receipt of the request.
We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, We will endeavour to manage it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:
Contact MBCI Administration at: email@example.com
If You are not satisfied with Our response to Your complaint, You may refer Your complaint to the relevant external dispute resolution organisation in Your area.
22. General Disclaimer
The Competition and Consumer Act 2010 and similar legislation in the States and Territories of Australia may confer rights and remedies on You in relation to the provision by Mentors & Business Coaches International of goods or services on the Product which cannot be excluded, restricted or modified. Mentors & Business Coaches International excludes all other conditions and warranties implied by custom, law or statute. Except as provided by law as to rights that cannot be excluded, all Content is provided “as is” at Your sole risk and without warranties of any kind, either express or implied.
Mentors & Business Coaches International does not warrant expressly or impliedly that Your access to and use of the Product will be uninterrupted or error free. Mentors & Business Coaches International does not warrant, expressly or impliedly that any defects will be corrected or that the Product or the server which stores and transmits Content to You are free of viruses or any other harmful components. Mentors & Business Coaches International does not warrant that the results obtained from the use of the Product will be of a particular quality.
While Mentors & Business Coaches International uses reasonable efforts to include accurate and up-to-date information in this Product, We make no warranties or representations as to the accuracy of the Content. Mentors & Business Coaches International assumes no liability or responsibility for any errors or omissions in the Content. Mentors & Business Coaches International makes no representations or warranties regarding whether any of the Content or Documents infringe a third party’s intellectual property rights.
You acknowledge that the Product and the Documents, and all related features available through the Product are provided:
on an “as is” and “as available” basis;
at Your sole risk; and
without representations or warranties of any kind, either express or implied, and all warranties, whether express or implied, are excluded.
In no circumstances (including negligence) will Mentors & Business Coaches International, or any of Our licensors, Our related companies and affiliates or Our or their officers, employees, advisers, partners, agents or suppliers, be liable for any sort of damages that result from:
any of Your information or text appearing in or on any Document;
any change made to the Documents after downloading from Our Product;
Your reliance on the Product or any Document, or by any other person to whom You have provided a Document; or
the use of or access to, or the inability to use or access the Product or any Document, or the loss of any data.
In no circumstances (including negligence) will Mentors & Business Coaches International, or any of Our licensors, Our related companies and affiliates or Our or their officers, employees, advisers, partners, agents or suppliers, be liable for indirect damage (including punitive damages), loss (including loss of use, data, profits, business or any economic loss) or cost (including legal and lawyer/client costs) caused or contributed to by Us or them in relation to these Terms.
You agree to indemnify Us and keep Us indemnified against any loss, claim or demand (including any reasonable lawyer and own client costs) arising in relation to
any breach by You of these Terms,
any act or omission for which You are responsible,
any information and data provided by You,
Your use of the Product or any Document,
any claim, proceeding or demand made against Us by any other person in relation to any Document which You have assembled, downloaded or otherwise accessed on the Product, or
any infringement by You of the rights of any other person through use of this Product.
This indemnity extends to Our licensors, related companies and affiliates and each of Our or their officers, employees, advisers, partners, agents or suppliers.
You may not link to the Product (including framing, alteration of the content of the Product, re-branding of content, use of metatags or hidden text techniques) without Our written consent.
25. Contact us
Email MBCI Administration at: firstname.lastname@example.org