The following Terms and Conditions Policy is entered into by and between You (the client) and Gabrielle Pearson Coaching ABN: 41622330639 (“Company”, “we”, or “us”). The term “Website” refers to www.thryving.com.au and any other website under the control of Gabrielle Pearson Coaching, including any program portals or program pages maintained by the Company.

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Effective Date: 01 January 2024

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These are the Terms and Conditions ("Terms") that govern your use of www.thryving.com.au , the Website, by Gabrielle Pearson Coaching, and the purchase, and or participation in programs, online courses, downloads, webinars, masterclasses, events, group couching sessions, individual coaching sessions and any other services (Services) sold or provided by Gabrielle Pearson Coaching ( The Company) and www.thryving.com.au ( The Website). 

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Please read these terms and conditions carefully, as they apply to all transactions between us. By proceeding with an enrolment, participation, or download with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. Furthermore, by accessing or using our Website, you agree to comply with these Terms and Conditions. 

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If you do not agree with these Terms and Conditions, please do not use our Website or Our Services. 

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1.0 TERMS OF USE:

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Use of The Website:

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1. Eligibility

 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

1. Prohibited Conduct:

 

When using our Website, you agree not to:

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a) Violate any applicable laws, regulations, or third-party rights.

b) Use our Website for any unlawful or unauthorized purpose.

c) Transmit any viruses, malware, or harmful code.

d) Engage in any activity that could interfere with or disrupt the functionality of our website.

e) Attempt to gain unauthorized access to our website or other users' accounts.

f) Engage in any fraudulent or deceptive activities.

 

1.3 Availability, Errors and Inaccuracies:

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Inaccurately described, or unavailable. We may also experience delays in updating information on the service and in our advertising on other websites.

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We cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to modify or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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The content provided on our service is without warranties or conditions of any kind, whether express or implied. This includes but is not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement.

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1.4 Third-Party Links / Linked Websites:

 

Our Website or Our Services may contain links to third-party websites or services that we think share our ethos and we think you will find helpful. Those websites are not owned or controlled by Gabrielle Pearson Coaching or www.thryving.com.au , and will have information collated and presented by third-party businesses, organisations and individuals. Please note that although we may include these links for your convenience, we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

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We are not responsible for the content, privacy practices, or actions of such third parties. You acknowledge and agree that we shall not be liable for any damages, loss, cost or expense to you or anyone else, caused by your use of any third-party website or service.

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2.0 TERMS OF PARTICIPATION:

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By purchasing any product, you (herein referred to as "Client") agree to the terms stated herein. The Company agrees to provide the Program as identified in the online commerce shopping cart. The Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

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2.1 PAYMENT/ FEES/ PURCHASES/

 

2.2 Provision of Information related to your Purchases:

 

If you decide to make a purchase of any product or service available through our Website and Our Services Packages ("Purchase"), you may need to provide certain information that is relevant to your Purchase, including but not limited to your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

2.3 By making a Purchase, you represent and warrant that:

 

1. You have the legal right to use any credit card or payment method for the Purchase.

2. The information you provide to us is true, accurate, and complete.

 

By submitting such information, you grant us the right to share this information with third parties to facilitate the completion of your Purchase.

 

We reserve the right to refuse or cancel your order at any time for various reasons, including but not limited to product or service availability, errors in the description or pricing of the product or service, errors in your order, or other reasons. Additionally, we reserve the right to refuse or cancel your order if we suspect fraud, an unauthorized or illegal transaction, or any other activity that violates our policies or applicable laws. Please note that our service does not provide qualitative advice regarding the suitability or merchantability of any products or services. We strongly recommend that you exercise caution. 

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You agree to pay us the purchase price for the Our Services listed on the Website and for Quotes provided for individually tailored coaching Services. Prices are listed in Australian Dollars (AUD) and are exclusive of GST, unless otherwise stated on the Website or in the Quote.

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The payment structures for all Services includes an upfront payment in full option, or a Flexi - payment plan option. Purchasing our Services using a Flexi - payment plan is an acknowledgement and agreement to pay the instalments each month until the total amount owed is paid in full, and within the outlined timeframe. Please see our website for further details or contact us for further information on our available payment options. 

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In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

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We may vary our prices from time to time. You agree and acknowledge that we may do so at any time with notice, such notice is given by us posting the updated price on our Website.

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If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received. 

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2.4 User Account:

 

Some features of our Website may require you to create a user account through our Members Login area. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 

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When creating an account with us, it is essential to provide accurate, complete, and up-to-date information. Failing to do so constitutes a violation of the Terms, which may lead to the immediate termination of your account on our service.

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You are responsible for safeguarding the password used to access the service and for all activities conducted under your password, whether on our service or through a third-party service. You agree not to disclose your password to any third party and assume full responsibility for any activities related to your account or password. If you become aware of any security breach or unauthorized use of your account, you must notify us immediately.

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In choosing a username, you may not use the name of another person or entity unless you have the appropriate authorization to do so. You should also avoid using names or trademarks that are protected by the rights of others unless you have the necessary permissions. Additionally, your username should not be offensive, vulgar, or obscene in any way.

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As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, and to be able to copy and store the online course content contained therein in your device's cache.  memory and to print pages from the online course for your own personal and non-commercial use. However we do not grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course or through your online account for commercial use.

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2.5 Access – Self Paced Online Courses

 

Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services. If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance: gabrielle@thryving.com.au

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3.0 MARKETING / PROMOTION / COMMUNICATION

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3.1 Permission of use/ Consent:

 

You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.

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If you do share images or videos (or any other depiction whatsoever) of our products on your social media (Posts), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts. 

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3.2 Email and Other Electronic Communications

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Visiting the Website or sending emails to the Company 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.

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Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, 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.

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3.3 Use of Communication Services

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Our Website may contain, 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 community (collectively, called “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.

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You agree that when using a Communication Service, you will not: 

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• 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.

 

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

The Company reserves 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 the Company’s sole discretion.

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Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised by the Company spokespersons, and their views do not necessarily reflect those of the Company.

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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.

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4.0 INTELLECTUAL PROPERTY:

 

In these Terms:

 

4.1 Ownership:

The content and materials available on our Website, including text, graphics, logos, images, audio and video clips, and software. These are all owned by or licensed to Gabrielle Pearson Coaching and www.thryving.com.au, and are protected by intellectual property laws. 

Intellectual Property refers to all forms of intellectual property rights, present and future, including but not limited to:

 

All content in the Services and Website are subject to copyright and are protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

 

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this 

 

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

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(a) Patents, utility models, copyrights, registered or unregistered trademarks and service marks, trade names, brand names, indications of source or appellations of origin, eligible layout rights, registered designs, and commercial names and designations.

(b) Inventions, discoveries, trade secrets, secret processes, know-how, computer products, and confidential, scientific, technical, and product information.

(c) Other rights resulting from intellectual activity in the industrial, scientific, literary, and artistic fields, whether industrial or commercial.

(d) Letters patent, deeds of grant, certificates, or documents of title for the above-mentioned intellectual property, as well as all media in which they are stored or embodied.

(e) Enhancements to the aforementioned intellectual property.

 

4.2 Trademarks:

 

"Gabrielle Pearson Coaching”, and “Thryving.com.au " logo’s, graphics and branding assets are trademarks owned by Gabrielle Pearson Coaching. You are not granted any right or license to use our trademarks without our prior written permission.

 

4.3 Learning Materials 

 

Refers to all forms of materials, including presentations, documents, webinars, masterclasses and other event recordings/ materials and any other materials, whether public or not, created by or for www.thryving.com.au  and Gabrielle Pearson Coaching, for the purpose of:

 

(a) www.thryving.com.au / Gabrielle Pearson Coaching events, courses, or coaching programs.

(b) Promoting www.thryving.com.au / Gabrielle Pearson Coaching, or any of its events, courses, or coaching programs.

(c) Any other activity of www.thryving.com.au and Gabrielle Pearson Coaching

 

Learning Materials, workbooks, worksheets, journals etc, may or may not also be considered Intellectual Property.

Our Services, Learning Materials, Intellectual Property, and the Service's original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of www.thryving.com.au and Gabrielle Pearson Coaching.

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Our Services, Learning Materials, and Intellectual Property are protected by copyright, trademark, and other laws of both Australia and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

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You are authorized to use Our Services only as permitted by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Services to create, display, use, play, and download Content, subject to these Terms.

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Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way that brings us into disrepute.

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You must not modify the physical or digital copies of any Content you print or download in any way, and you must not use any illustrations, photographs, videos, audio, or graphics separately from accompanying text.

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Any opinions, advice, statements, services, offers, or other information or content expressed or made available by other users are solely the responsibility of the respective authors or distributors and not of www.thryving.com.au and Gabrielle Pearson Coaching.

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You acknowledge that you do not have, and nothing in these Terms or in connection with Our Services or any other agreement or document between you,  www.thryving.com.au , and Gabrielle Pearson Coaching, grants you, any right, title, or interest in or to the Learning Materials or Intellectual Property.

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4.4 Use of Templates And Forms

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We may provide various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable licence to use our templates and/or forms for your own personal 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 templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use.

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By ordering or downloading Templates or Forms, you agree that the Templates or Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

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4.5 Use of Free Downloadable Resources / Content

 

We provide various Free resources on this Website, which users may access by providing their contact details including an email address. The Company grants you a limited, personal, non-exclusive, non-transferable licence to use our resources provided in exchange for an email address for your own personal 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 Free Content in any manner.

 

By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company. You further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

 

4.6 International Users

 

Our Website and Services are controlled, operated and administered by Gabrielle Pearson Coaching and www.thryving.com.au , from our offices within Australia. If you access our Website and Our Services from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

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4.7 You agree:

 

Not to use our Learning Materials or Intellectual Property for any purpose other than your private purposes. Specifically, you will not use the Learning Materials or Intellectual Property to replicate Our Services or create comparable or competitive services to www.thryving.com.au and Gabrielle Pearson Coaching.

 

Not to engage in any activity that may jeopardize or adversely affect www.thryving.com.au and Gabrielle Pearson Coaching’s ownership, use, or any rights it may have in the Learning Materials or Intellectual Property

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5.0 INDEMNITY AND LIMIT OF LIABILITY

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5.1 Indemnification:

 

You agree to indemnify, defend and hold harmless www.thryving.com.au and Gabrielle Pearson Coaching, and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of or inability to use our Website or Services, any user postings made by you, or any violation of these Terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulation. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the www.thryving.com.au and Gabrielle Pearson Coaching, in asserting any available defences.

 

5.2 Limitation of Liability

 

Your use of the Website and Our Services is solely at your own risk. Everything in the Website and Our Services is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.

 

You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website.

 

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the Website at any time.

 

The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue.

 

If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.

 

5.3 Disclaimer of Warranties:

 

We make no representations or warranties of any kind, that the Website, and Our Services will function uninterrupted, secure, or available at any specific time or location.

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1. That any errors or defects will be corrected.

2. That the Website and Our Services are free from viruses or other harmful components.

3. That the results obtained from using the Website and Our Services will meet your requirements.

 

We are not liable for any damages or injuries resulting from any failure of performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, destruction, unauthorized access, alteration of records, or any other cause of action, whether arising from breach of contract, tortious behaviour, negligence, or any other reason.

 

We make no representations or warranties, expressed or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the content on the Website or Our Services for any purpose. Any reliance you place on such information is strictly at your own risk. We disclaim any express or implied warranties regarding the effectiveness or profitability of the Website and Our Services or the uninterrupted and error-free operation of the Website and Our Services. We are not liable for any consequences arising from interruptions or errors in the Website and Our Services.

 

We make no representations or warranties of any kind, expressed or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through the Website. To the fullest extent permissible under law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

5.4 Force Major – Events beyond our control:

 

Gabrielle Pearson Coaching and www.thryving.com.au , will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, acts of God, extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, or transportation interruption, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

 

5.5 No Guarantees as to Results

 

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed in business, life and otherwise. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

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5.6 User’s Personal Responsibility

 

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 judgement and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

 

6.0 RELATIONSHIP OF PARTIES

 

The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.

 

6.1 No Professional-Client Relationship

 

Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals.

The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognise and agree that we have not created any professional-client relationship by the use of this Website.

 

The Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

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6.2 No Joint Venture or Other Relationship

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you (the Client) and the Company as a result of this agreement or use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

6.3 Confidentiality

 

Gabrielle Pearson Coaching respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”) privacy. Thus, consider this a mutual non-disclosure agreement. 

Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. 

 

Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the various Social Media forums or community groups or otherwise. 

 

You acknowledge that you may have access to certain confidential information on Gabrielle Pearson including (but not limited to) technical information and know how relating to Our Services, the Website and Gabrielle Pearson Coaching.

 

You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.

Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. 

 

Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, the Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. 

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Additionally, You will not, at any time, either directly or indirectly, disclose confidential information to any third party. 

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

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This clause survives the expiry or termination for any reason of this Agreement.

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You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

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7.0 DISPUTE RESOLUTION/ ARBITRATION 

 

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings unless they have first complied with this clause.

 

The party must inform the other party in writing of the following:

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• the nature of the dispute;

• the outcome they desire to resolve the dispute, and

• the action they believe will settle the dispute.

 

All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. Both parties shall make every effort, and in good faith, to resolve the dispute by mutual negotiation within ninety (90) Business Days.

 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

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The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

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7.1 Non-disparagement

 

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. 

 

Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owners, employees, agents or representatives.

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7.2 Governing Law and Jurisdiction:

 

Australian Consumer Law

 

These Terms shall be governed by and construed in accordance with the laws of Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). 

 

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, arising out of a breach of a consumer guarantee.

 

7.3 Jurisdiction

 

As we’re based in New South Wales, Australia, these conditions will be governed by the laws of that state/territory. 

 

7.4 Severability:

 

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of this agreement shall continue in full force and effect. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

8.0 TERMINATION

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8.1 Termination and Access Restriction

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Conduct

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You agree to follow our rules for participation in Our Services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive. Failure to comply with this clause amounts to a breach of this Agreement and Gabrielle Pearson Coaching may suspend or limit your access to the Website, Our Services or terminate this Agreement.

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We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including if you violate the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you can simply stop using the Service.

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All provisions of the Terms that should logically survive termination will continue to apply, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We shall not be held liable to you or any third party for any claims or damages arising from any termination or suspension or any other actions taken by us in connection with such termination or suspension.

If applicable law requires us to provide notice of termination or cancellation, we may do so by posting it on the Service or by sending a communication to any email address or other contact information we have on record for you.

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9.0 ENTIRE AGREEMENT:

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Unless otherwise specified herein, this agreement, along with the Refund and Cancellation Policy, and The Privacy Policy, constitutes the entire agreement between you (the client), Gabrielle Pearson Coaching, (the Company), and www.thryving.com.au , (the Website), regarding your use of our Website and Our Services, and supersedes all prior or contemporaneous communications, proposals, agreements, negotiations, representations, arrangements or understandings, whether written or orally.

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By using our Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.

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9.1 Term

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This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

9.2 Modifications to Terms and Conditions:

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We reserve the right, to change/ modify these Terms under which the Website and Our Services are offered at any time, and at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on our website, and the current version will supersede all other versions. Your continued use of our Website after the posting of modified Terms constitutes your acceptance of the changes.

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Contact Us

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If you have any questions regarding our Terms and Conditions Policy, please contact us at: ​

Gabrielle Pearson Coaching
Email Address: gabrielle@thryving.com.au

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Cancellation & Refund Policy

 

The following Cancellation and Refund Policy is entered into by and between You (the client) and Gabrielle Pearson Coaching ABN: 41622330639 (“Company”, “we”, or “us”).

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No Refund policy

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All contracts are binding and non-refundable, and are valid for any product or service you purchase through our Website  www.thryving.com.au , or directly with Gabrielle Pearson Coaching. We are here to coach you to your highest level of success, and part of this mutual agreement, requires a level of commitment from you, that you are fully invested, and committed to putting in the time and effort required to doing the work. Therefore, it is your responsibility to undertake your own self-evaluation and commitment assessment, prior to purchasing your coaching package through Gabrielle Pearson Coaching, and www.thryving.com.au

 

Please ask yourself the following consideration questions prior to investing and committing to one of Our Coaching Services. 

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• “Am I committed to showing up and doing the work?” 

• “Is coaching and the coaching relationship offered by Gabrielle Pearson Coaching & Thryving.com.au” the right fit for you?”  

 

Cancelled And Rescheduled One-On-One Coaching Sessions

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We understand that sometimes, unforeseen circumstances can impact your scheduled coaching session, and we will do our utmost to be as accommodating as possible during these occasional unforeseen events. 

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Should you need to reschedule your One-on-One coaching session, you may reschedule your session outside of the 48-hour cutoff period with no penalties. A make-up session will then be scheduled within a week or two of the originally scheduled date (where availability permits). 

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Any last-minute cancellations of scheduled One-on-One coaching sessions (within 48 hours) will be classified as a forfeited coaching session and be deducted from your allocated coaching package sessions. 

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Cancellation Of Subscription

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Some of Our Services Programs may be offered on an ongoing subscription basis, with a weekly, monthly or yearly subscription. Users may cancel subscriptions at any time by emailing gabrielle@thryving.com.au

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Your subscription will continue until the end of the existing subscription period or at the end of the minimum required subscription period (as specified during the purchase process on our website), connected to the specific Service Program. 

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Your subscription payment deductions shall terminate at the completion of that period, provided that you have contacted Our Support Services to request cancellation at least 5 business days before your next monthly billing payment is due. You shall not be charged after the subscription period has been fulfilled, and any outstanding fees are paid out in full.

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Other Services

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For any other Services, Courses, Customised Coaching Programs, Online trainings, please refer to Our Terms and Conditions Policy for each specific offer, or to the Terms of “Use of this Website”.

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Contact Us​

If you have any questions regarding our Refund & Cancellation Policy, please contact us at: Gabrielle Pearson Coaching
Email Address: gabrielle@thryving.com.au