Terms and Conditions
Date last revised 9th of July 2024
1. Introduction and Disclaimer
Midgame Coaching Pty Ltd (referred to as “Midgame Coaching”, "we", “our” or "us") offers content and coaching services to individuals seeking assistance in understanding themselves, their thoughts and feelings. It is important to understand that our coaching services are not a replacement for licensed medical care. In the event of an emergency, individuals should seek immediate medical assistance by contacting their local emergency number immediately. By engaging with our coaching services, you acknowledge that Midgame Coaching does not provide professional medical care or clinical mental health support. Midgame Coaching does not provide any assurances or guarantees regarding the availability, suitability, legality, or any other attributes of its services or the content available on the website. By visiting our website and accessing the information, services, resources and tools we offer, you acknowledge and agree to comply with the terms and conditions outlined in this Terms of Service (Agreement), as well as those detailed in our Privacy Policy. For further details, please review our Privacy Policy at midgamecoaching.com/privacypolicy.
2. Use of Website Content and Coaching Services
You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. By using our website and services, users agree to adhere to these terms, which may be updated periodically. It is the user's responsibility to review the terms regularly to stay informed about any changes. Using our website and coaching services holds no legal responsibility for any loss or damage resulting from your usage, including errors or omissions in our content or services. This extends to third-party content, links, comments, or advertisements. Your reliance on information from this website is at your own risk, and we are not liable. Additionally, this website may feature information or advertisements from third parties. Midgame Coaching assumes no responsibility for any information or advice provided directly by these third parties. Our role is solely to provide recommendations, and we do not accept liability for any advice received from third parties in this context. You are responsible for ensuring that any services or information obtained from this website meet your specific needs. We acknowledge the potential for inaccuracies or errors in our content and disclaim liability to the fullest extent permitted by law. By utilising our website and services, you acknowledge that Midgame Coaching cannot be held responsible for the decisions you make based on our guidance. Any consequences resulting from your decisions are solely your responsibility. We cannot be held liable for any actions you take or any losses incurred as a result of our guidance, advice, coaching, materials, or techniques. Our information, whether on the website or provided during consultations, is meant to assist you and should not be considered a substitute for professional, financial, or legal advice. We do not guarantee results, and Midgame Coaching bears no responsibility for your actions or decisions.
3. Privacy Policy
Our privacy policy details Midgame Coaching’s collection, processing and disclosure of personal information. Midgame Coaching does not sell or trade personal or customer information. However, we may use your information in an aggregated form, without identifying you by name, to generate statistics and understand user preferences. This helps us improve our website and services. Midgame Coaching may be obligated, under specific circumstances, to disclose information in good faith and where necessary. This includes situations where Midgame Coaching is required to do so by law, court order, to enforce customer Agreements, or to safeguard the rights, property, or safety of our customers or third parties.
4. Restriction of use
This website's materials, including design, trademarks and graphics, are owned or licensed to us. You are not allowed to reproduce, republish, or distribute any materials without our express permission. All copyright and trademark rights are reserved by Midgame Coaching, and we may take action against any breaches. If you provide similar documents, goods, or services for a fee, you are considered a competitor and are not permitted to access or use our website or its content. Any unauthorised use may result in liability for losses and profits gained. We reserve the right to deny access at our discretion.
5. Payment and Cancellations
Users may purchase coaching services directly from Midgame Coaching. Payment options and cancellation policies are outlined in the payment terms of the Coaching Services Agreement.
6. Age Restrictions
If you are below the age of 16, you are not permitted to download or utilise our content or coaching services. If you are 16 years old or older but under the age of 18, you may only use Midgame Coaching's coaching services with the supervision and consent of a parent or legal guardian. If you are a parent or legal guardian consenting to this Agreement on behalf of a child aged 16 or older but under 18, you accept full responsibility for their use of the website and coaching services.
7. Unenforceable Terms
If any clause or term in this Agreement is deemed illegal, void, or unenforceable in any State or Country according to applicable law, it will not apply in that jurisdiction and will be considered omitted from these terms and conditions. However, if the clause or term is legal and enforceable in any other State or Country, it will remain fully enforceable and part of the Agreement in those jurisdictions. The exclusion of any term under this provision will not affect the enforceability or interpretation of the other clauses in this Agreement.
8. Enforcement
Midgame Coaching's failure to enforce any right or provision of the Agreement shall not constitute a waiver of the ability to enforce such right or provision in the future.
9. Acceptable Use
Users must comply with all applicable laws and regulations when utilising our coaching services or accessing Midgame Coaching’s Content. Harmful or illegal activities are strictly prohibited.
10. Disclaimer
While we strive to deliver our services with utmost care, we do not offer any specific warranty, whether express or implied, except as mandated by the Australian Consumer Law. Midgame Coaching disclaims all warranties to the fullest extent permitted by law. We cannot guarantee error-free content or services, nor can we ensure that our website or its server is free of viruses. While we strive to provide accurate and up-to-date information, we do not warrant the correctness, suitability, accuracy, or reliability of any content on our website. Please be aware that some implied warranties may not be excluded under the applicable law in your state or territory. You should understand any risks associated with using our website or any products or services offered through it.
11. Limited Liability
Midgame Coaching disclaims warranties and limits liability for damages resulting from the use of our content and coaching services. You acknowledge that you are using Midgame Coaching at your own risk. The services and content are provided in their current state, and Midgame Coaching explicitly disclaims all warranties, whether express or implied, including but not limited to warranties of accuracy, reliability, merchantability, non-infringement, fitness for a particular purpose, and any other warranties or representations, whether oral, written, or electronic. Midgame Coaching does not represent or warrant that access to the services will be uninterrupted or that there will be no failures, errors, or omissions or loss of transmitted information, or that no viruses will be transmitted through the services. Midgame Coaching does not make any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, information or services provided by third-party websites or services. Midgame Coaching disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby waive any claim against Midgame Coaching with respect to the content or operation of any such third-party websites and services. For more information, review the terms of use for those third-party websites and services. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. You agree to indemnify us against any claims, suits, demands, actions, liabilities, costs, and expenses arising from your website use. We're not liable for any loss, damage, or expense incurred by you, including legal costs. While we strive to maintain website functionality, we're not responsible for temporary unavailability due to technical issues beyond our control.In no event shall Midgame Coaching's total aggregate liability arising out of, related to, or in connection with the Agreement or the use of the services or content exceed fifty Australian dollars ($50.00 AUD). This limitation of liability applies to all types of damages, including but not limited to punitive, consequential, emotional, indirect, or exemplary damages, as well as claims based on lost profits, data, or goodwill, and regardless of the legal theory behind the claim or whether Midgame Coaching was aware of the damages.
12. Dispute Resolution
Any disputes arising from or related to this Agreement shall be resolved through arbitration on an individual basis. By agreeing to this Agreement, you waive your right to a trial by jury or participation in class actions. The arbitration process shall be conducted in accordance with the laws of Australia.
13. Termination
Midgame Coaching reserves the right to terminate this Agreement and disable access to coaching services for breaches or violations. Midgame Coaching retains the exclusive authority to manage the utilisation of the coaching services, including actions such as deleting or filtering any content.
14. Severability and Entire Agreement
In the event that any part of these clauses or terms in this Agreement is deemed illegal or unenforceable, such portion shall be severed, and the remaining provisions shall remain in full force and effect. Should an arbitrator or court find any provision invalid or unenforceable, it will be enforced to the maximum extent permissible, while the validity and enforceability of the other provisions shall remain unaffected.
15. Reservation of Rights
Midgame Coaching reserves all rights not explicitly granted to users.
16. Jurisdiction
This agreement and the Midgame Coaching website are governed by the laws of NSW and Australia. In case of a dispute leading to litigation, you must submit to the jurisdiction of the courts of NSW. For all intents and purposes of this Agreement, the parties agree to exclusive jurisdiction and venue in the state or federal courts situated in Sydney, Australia.
For any questions or concerns, please email midgamecoaching@gmail.com for clarifications about our policy.
