This Agreement contains the complete terms and conditions that apply to your participation in our Site. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement.
The terms ‘Developmental Edge’, ‘us’, ‘our’ and ‘we’ include this Site, contents, services, content published by us or any person representing us such as a coach or trainer.
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. This Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.
USE OF THE SITE & PROHIBITIONS
This Site may allow you to join, blog, express your thoughts, and make some comments and discussion. You understand and agree that you will use this Site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence, Australia and all United States export control laws.
However, you are prohibited to do the following acts, to wit: (a) use our Sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Sites, services, or tools (b) posting of blogs, items, messages, and or contents that are inappropriate and fails to observe decency; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libellous content; (e) take any action that may damage the rating system.
NO RESALE OF THE SERVICE
You agree and understand that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Site including its tools and services.
YOUR REGISTRATION OBLIGATIONS
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our Site to participate in the service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the services.
It should be noted that the Site or services may contain, or direct you to Sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Site or any part of it at any time. The information, content and services on the Site are provided on an “as is” basis. When you use the Site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the Site shall remain the property of Developmental Edge and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients/customers, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Developmental Edge. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of Developmental Edge to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
All prices displayed on the Site are in Australian Dollars and not inclusive of GST, unless otherwise indicated. Description of goods, services, programs and prices may be subject to change or correction at any time. Although we seek to ensure information is correct, we make no representation or warranty as to information being accurate or complete. If we discover an error (e.g. programs are displayed at the wrong price), we will try to notify you as soon as possible and allow you to cancel your order and obtain a refund if desired. You may be required to provide your credit card details to us for the purpose of issuing a credit to your credit card account in the amount of any cancelled order.
By submitting an order via the Site, you warrant that: (1) you are capable of entering into a legally binding contract with Developmental Edge, (2) you are authorised and able to make payment via the method you have chosen, (3) the payment information you have provided is correct, and (4) your purchase is not made for the purpose of commercial resale.
A contract for purchase is only formed once we have accepted an order by issuing you an invoice and/or receipt.
LAUNCHPAD PROGRAM - REFUNDS
After you purchase the Launchpad program with the Site, you have 7 days from the date and time of purchase to request a refund. Refund requests must be made in writing by emailing [email protected]. Once a refund request has been accepted, you will receive a refund back to the original method of payment as soon as possible. This refund will be reflected on your statement subject to your bank or financial institutions’ processing times. For further information on refund times, please contact your bank or financial institution. We will not accept refund requests after 7 days from the date and time of purchase.
DESCRIPTION OF SERVICES
Developmental Edge provides a range of services including programs, trainings, group coaching or one on one coaching, here in referred to as ‘services’.
Developmental Edge’s services are for people who are healthy, well adjusted, emotionally steady, effectively functioning, and wanting to make changes in their lives or more intentionally focus on a challenge or objective.
At times our services can be personally challenging, difficult as well as delightful. This is by design and on behalf of your evolution, learning and development, and that of your group.
NATURE OF RELATIONSHIP
You are here informed and understand that the service is not psychotherapy, psychological counselling, or any type of therapy; nor is it a substitute for these services.
In the event you feel the need for professional counselling or therapy, it is the responsibility of you to seek a licensed professional who can provide these services. If you are or have experienced suicidal thoughts or are on state altering prescribed medication, it is the responsibility of you to inform Developmental Edge in writing via email at [email protected] before engaging in any services. We will require a signed letter from your physician or similar to be accepted into service.
It is the responsibility of you, if currently in therapy or otherwise under the care of a mental health professional, to consult with the mental health care provider regarding the advisability of working with Developmental Edge and to make such person aware of the decision to proceed with the service relationship.
You understand that the service relationship is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. You are responsible for seeking independent professional guidance for legal, medical, financial, business, spiritual or other matters. You understand and acknowledge that all decisions in these areas are exclusively yours and that any decisions and actions regarding them are the sole responsibility of you.
You confirm that you are not under the influence of prescribed state or mind-altering medication and are not experiencing suicidal tendencies. It is your responsibility to inform Developmental Edge in writing via email at [email protected] of this before any service begins and if this becomes true during the service process.
You acknowledge and agree that in the course of the services, Developmental Edge may ask you questions that may be personal, challenging, or confronting. You acknowledge and agree that you are fully responsible for your physical, mental and emotional wellbeing during service sessions, and are fully responsible for any actions, choices and decisions made as a result of the service.
You waive and release any claims arising or resulting from Developmental Edge's questions, suggestions, and advice and from actions, choices and decisions made by you.
Developmental Edge and you mutually recognise that they may discuss future plans, business affairs, customer lists, financial information, job information, goals, personal information, and other private information. Developmental Edge will not communicate your information to any third party.
In order to honour and protect Developmental Edge's intellectual property, you likewise agree not to disclose or communicate information about Developmental Edge's practice, materials, or methods to any third parties.
You agree that any materials shared by Developmental Edge during services including but not limited to recordings of service sessions, templates, handouts, resources etc are for your personal use only, and may not be shared, duplicated, edited and/or publicised without written permission by Developmental Edge; and if written permission is provided, you agree to include full credit to Developmental Edge.
Developmental Edge acknowledges that they may obtain confidential personal and/or business information from you and agree to keep and maintain such information confidential and not to disclose or use such information without your prior written consent. In order to provide you with the highest quality of service Developmental Edge reserves the right to discuss and receive coaching on certain topics anonymously and hypothetically with other coaches for said purpose.
Exceptions where Developmental Edge may make a disclosure include: (1) If you share information that gives Developmental Edge reasonable cause to believe there are threats of serious harm to you themselves or others, (2) if Developmental Edge's records are subpoenaed or other law requires disclosure, (3) some means of communication, such as wireless telephones and email may be not secure from eavesdropping, so if you agree to their use you are indicating your agreement to utilise a communication medium that may not be confidential, (4) to prevent you from committing a criminal or fraudulent act or to mitigate or rectify such conduct, and (5) to secure legal advice about Developmental Edge's compliance with this agreement.
EMPLOYER PAID SERVICE
When an employer pays for service/s, Developmental Edge will not share personal or confidential information about you with the employer, unless at the request/agreement of you.
Any controversy or claim arising out of or relating to this agreement, or the breach of this agreement, shall be settled by arbitration, which will occur via telephone by an arbitrator that is mutually agreed upon. The costs of the arbitration shall be shared equally between the parties.
USER’S PERSONAL RESPONSIBILITY
By using this Site, 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 Site, resources available for download from this Site or services provided from Developmental Edge. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Site or by Developmental Edge.
You agree that Developmental Edge has not made any guarantees about the results of taking any action, whether recommended on this Site or not. Developmental Edge provides educational and informational resources that are intended to help users of this Site succeed in their life, business 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 Developmental Edge.
You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Developmental Edge or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
ERRORS AND OMISSIONS
This Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Site is accurate, but we cannot represent that this Site is free of errors. You accept that the information contained on this Site may be erroneous and agree to conduct due diligence to verify any information obtained from this Site and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Site.
From time to time, Developmental Edge participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, Developmental Edge will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by Developmental Edge but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
From time to time, Developmental Edge will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Developmental Edge provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
At various places on this Site, you may find testimonials from clients and customers of the products and services offered on this Site or by Developmental Edge. The testimonials are statements made by clients and/or customers and have been truthfully conveyed on this Site.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Site or by Developmental Edge.
From time to time, Developmental Edge may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the client/customer. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.
The use of our information, products and services should be based on your own due diligence and you agree that Developmental Edge is not liable for any success or failure of you and/or your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Site.
This Agreement shall be governed by and construed in accordance with the substantive laws of Australia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New South Wales, Australia, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence.