TERMS AND CONDITIONS & RISK WAIVER

Welcome to Alpine Edge Ski Academy. 

In these terms, we also refer to Alpine Edge Ski Academy as “Alpine Edge Ski Academy", “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you sign up for our  Seasonal Coaching Programme or Private Coaching through our website, being www.alpineedgeskiacademy.com and any other websites we operate with the same domain name and a different extension (Website).

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Digital Coaching Services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

When we say “Digital Coaching Services” in these terms, we mean our online subscription based learning community designed for students to gain knowledge in skiing techniques and any of the services provided during the Digital Coaching Services, including access to our video content, community forums and associated materials (Services).

When you sign up to our Digital Coaching Services, you will do so as part of a subscription (Subscription). Your Subscription is for the tiered package as selected by you and agreed between us by means of the Platform (Subscription Tier).

Acceptance of these terms

Before you sign-up for our Digital Coaching Services, or otherwise engage with the Digital Coaching Services, please carefully read these terms and the “Risk Waiver” set out below. If you don’t agree to these terms or the Risk Waiver, please don’t sign-up for the Digital Coaching Services. By ticking “I acknowledge that I have read, understood, and agree to be bound by the Terms & Conditions and Risk Waiver” when you create an account, or otherwise proceed to engage with the Digital Coaching Services, you agree to be bound by these terms and the Risk Waiver.

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 18. Please ensure you contact us if you want to cancel your Subscription.


RISK WAIVER

Before participating in the Digital Coaching Services, please read this Risk Waiver carefully and only accept these terms if you fully understand and accept its contents:

  1. You acknowledge that the Services may include suggestions of strenuous physical activities, including but not limited to skiing, conditioning, flexibility, mobility, strength, stretching, body control and other various fitness and sports activities with or without the use of fitness equipment (collectively the Ski Training Activities or Ski Training Activity).

  2. You understand and acknowledge that participating in the Ski Training Activities suggested by the Services is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. 

  3. You participate in the Services and Ski Training Activities voluntarily and at your own risk.

  4. You assume all risk of injuries associated with participation in the Services and any Ski Training Activity, including but not limited to falls, bumps, bruises, scrapes and scratches, sprains, twists, cramps, fractured bones, broken bones, torn ligaments, and even death and exclude Alpine Edge Ski Academy from liability.

  5. You understand and accept that Alpine Edge Ski Academy does not supervise the Services or any Ski Training Activities you choose to undertake. Therefore you will be participating in the Services and Ski Training Activities at your own risk and without supervision or assistance. You acknowledge and accept that if you are injured, become unconscious, or suffer a stroke or heart attack whilst participating in the Services or Ski Training Activities unsupervised, that Alpine Edge Ski Academy cannot respond to your emergency and that Alpine Edge Ski Academy will have no duty to provide assistance to you. You must arrange alternative supervision services to ensure you have access to emergency assistance.

  6. You agree that before participating in the Services or any Ski Training Activity, you must evaluate whether your current skills and physical condition allow you to participate in the Services or Ski Training Activity in a safe manner. If you believe an exercise or Ski Training Activity will not be safe, you must not participate in such exercise or Ski Training Activity.

  7. Because physical exercise can be strenuous and subject you to risk of serious injury, Alpine Edge Ski Academy urges you to obtain a physical examination from a doctor before participating in any Services or Ski Training Activities. You agree that when you engage in the Services or any Ski Training Activity, you do so entirely at your own risk.

  8. You will not participate in the Services or any Ski Training Activity at any time while you are under the influence of alcohol or illicit substances.

  9. You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Services or any Ski Training Activity or that if you are aware of such Conditions, you participate in any Services provided by, or Ski Training Activities recommended by, Alpine Edge Ski Academy entirely at your own risk.

  10. You exclude, hereby release and agree to indemnify, defend and hold harmless, Alpine Edge Ski Academy and its directors, officers, employees and contractors, other participants and any other persons involved in your participation in the Ski Training Activity, Digital Coaching Services and Services with Alpine Edge Ski Academy (Releasees) from any demand, claim, liabilities or other proceeding, including injury to you or a third party (including where that injury causes permanent disability), your death or the death of a third party to any injury or death or loss or damage to personal property in connection with your participation in the Services or Ski Training Activity with Alpine Edge Ski Academy, whether or not caused by the negligence of a Releasee or any other third party.

  11. You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Services with Alpine Edge Ski Academy where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of this Risk Waiver or terms.

  12. By ticking the box to accept these terms when signing up, you acknowledge that you have read this Risk Waiver and the terms, which describe your rights under British Consumer Laws and how Alpine Edge Ski Academy limits its liability to you.

  13. You agree that should any part of this Risk Waiver be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this Risk Waiver will remain in full force.

  14. Nothing in this Risk Waiver is intended to limit the operation of the Digital Markets, Competition and Consumers Act 2024


  1. subscribing to the Digital Coaching Services

    1. By applying and being accepted for Digital Coaching Services paying the Fees or otherwise accessing the Digital Coaching Services you represent and warrant that:

      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

      2. you are authorised to use the debit or credit card you provide for your Subscription.

    2. Subscribing to access the Digital Coaching Services constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with access to the Digital Coaching Services in exchange for your payment of the Fees specified upon checkout.

    3. These terms are not agreed between you and us until we have approved your payment of the Fees or creation of an Account, and you receive an email from us confirming that your Subscription has been accepted.

  2. subscription and accounts

    1. duration of your subscription

      1. Your Subscription and these terms commence on the date you agree to be bound by these terms (as set out at the beginning of these terms) and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 18.

      2. Subject to clause 2.1(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period). 

      3. This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if:

        1. You cancel your Subscription via the functionality of the Platform prior to the Renewal Date; or

        2. we provide a written cancellation notice in accordance with clause 18.2  prior to the Renewal Date.

    2. access and accounts

      1. The Digital Coaching Services has live and/or pre-recorded video sessions (Sessions) and associated information and materials (Learning Materials). 

      2. The Digital Coaching Services will include access to a discussion forum for you and other students in the Digital Coaching Services (Forum).

      3. When creating an Account you will need to provide personal information and details including your name, email address, a password, contact details and billing information. You warrant that all such information will be accurate, honest, correct and you will keep this information up-to-date.

      4. You must not give access to your Digital Coaching Services Account to any other person. You are responsible for managing your Account and ensuring that you only access and engage with your Account in an appropriate manner.

  3. OUR ONLINE Digital Coaching Services

    1. the Digital Coaching Services

      1. Once we have received payment of the Fees you will be granted access to the Digital Coaching Services. Our Learning Materials may contain videos, pre-recorded video modules, e-books and other learning resources made up of web pages, documents, text, graphics and images, to be viewed online through your Account and not downloaded unless otherwise stated to be a digital download that may be downloaded. You must not reproduce or republish any of our Learning Materials in any way.

      2. Our Online Learning Materials may also include, from time to time, access to live online sessions via the application [Google Meet or other video platform] (Live Sessions).

      3. Your Account will be valid for the Subscription Period and any Renewal Period, until terminated in accordance with clause 18.

      4. You are granted a limited licence to use the Digital Coaching Services for your own personal, non-commercial purposes during the Subscription Period and any Renewal Period.

      5. You must not give access to your Account to any other person.

      6. We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Digital Coaching Services to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Digital Coaching Services, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Subscription Fees.

      7. By subscribing to access the Digital Coaching Services, you acknowledge and agree that:

        1. we update may the specific Digital Coaching Services Learning Materials available as part of your Subscription at any time (including by adding new content or removing existing content) in our discretion; and 

        2. the Digital Coaching Services Learning Materials  which you have access to at the commencement of the Subscription Period may become unavailable at any time without prior written notice to you.

    2. forums

      1. By posting any messages, information, or other content on any Forum (Posted Material), you represent and warrant that: 

        1. you are authorised to post the Posted Material; 

        2. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material; 

        3. the Posted Material does not infringe any Intellectual Property Rights (defined in clause 7 below); 

        4. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Forum, or any network or system; and 

        5. the Posted Material does not breach or infringe any applicable laws. 

      2. You acknowledge and agree that you are responsible for your own conduct in the Forum and if you participate in the Forum, you choose to do so at your own risk. You must at all times be respectful of others, including not posting any explicit, pornographic, homophobic, racist or otherwise offensive or derogatory material.

      3. By posting the Posted Material on the Forum, you grant us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Posted Material.

      4. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.

      5. You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

    3. REMOVAL OF POSTED MATERIALS

      1. We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, in our absolute discretion, review and remove any Posted Material (including links you have uploaded, your profile or listings you have posted in the Forum) at any time without giving any explanation or justification for removing the Posted Material. 

      2. You agree that you are responsible for keeping and maintaining records of Posted Material.

    4. disclaimer

      1. All information, recommendations and advice provided within the Digital Coaching Services and/or Services is an opinion only, based on the experience of Alpine Edge Ski Academy  and its personnel. 

      2. If you choose to undertake any Ski Training Activity, you acknowledge and agree that:

        1. the information provided via the Digital Coaching Services regarding Ski Training Activities is for general educational purposes only. It does not take into account your individual skill level, experience, physical condition, weather or ski resort conditions, or any other factors that may impact your safety and enjoyment while skiing;

        2. We conduct all of our coaching services practice entirely online. You will be training entirely unsupervised. You agree that you will be partaking in this program on your own and any injuries that occur are your responsibility;

        3. while we strive to provide accurate and helpful information, we make no warranties or representations regarding the completeness, accuracy, reliability, or suitability of the information for any particular purpose. We disclaim all liability for any injuries, accidents, or damages that may occur as a result of relying on the information provided via the Digital Coaching Services or related Services;

        4. You are solely responsible for assessing your own abilities and limitations, as well as evaluating the current conditions and any other relevant factors before engaging in Ski Training Activities. It is essential to exercise caution, use appropriate safety equipment, and follow all recommended safety and code of conduct practices;

        5. you assume all risks and liability for injuries to or deaths of persons or damage to property arising in connection with your participation in the Ski Training Activities;

        6. by accessing or using the information provided via the Digital Coaching Services, you agree to release and indemnify Alpine Edge Ski Academy, its affiliates, employees, agents, and representatives from any and all claims, liabilities, damages, or losses arising from your participation in Ski Training Activities.

      3. We accept no responsibility from any adverse effects from using the information provided to you in the Services. If you think you may have a medical issue please seek medical advice from a trained medical professional. Any recommendations or advice provided on the Platform or our Digital Coaching Services and/or Service are Alpine Edge Ski Academy's solutions or remedies of what actions you may take and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies.

      4. While the Coaching Services are intended to help you, we do not guarantee, warrant or represent that, as a result of accessing t Services, a specific outcome for you will occur or that that you, will achieve any growth or particular outcome or that any growth or particular outcome will occur at all. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to skiing or otherwise by are done so at your own risk.

      5. You agree to make your own independent assessments and evaluations prior to relying on any information, testimonials, recommendations and advice provided:

        1. by us within the Online Coaching or as part of the Services;

        2. via any other review forum, including but not limited to Google /Squarespace.

      6. Our Digital Coaching Services does not take into account your personal circumstances or specific goals. All information provided as part of our Digital Coaching Services is not intended to be professional advice of any kind and should not be relied on as such.

      7. You acknowledge and agree that you have read and understood the Risk Waiver set out at the beginning of these terms. 

  4. PAYMENT


1.SUBSCRIPTION FEES

  1. You must pay subscription fees to us in the amounts specified on the Platform for your Subscription Tier, or as otherwise agreed in writing (Subscription Fees). 

  2. All Subscription Fees must be paid in advance and are non-refundable for change of mind.

  3. Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period  and at the beginning of every Renewal Period thereafter.


2. AUTOMATIC RECURRING BILLING

Subject to clauses 4.4 and 4.5:

  1. Your Subscription will continue to renew on an automatic indefinite basis unless you cancel your Subscription via your Account in accordance with clause 2.1(c).

  2. While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account. You can update your payment information at any time via your profile page.

  3. By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. 

  1. grace period

If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 5 Business Days from the date of that renewal to cancel your Subscription via the functionality of the Platform (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Platform to request a refund for any recurring fees charged to you during the Grace Period.

3. CHANGES TO SUBSCRIPTION FEES

  1. We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 4.4 will apply.

4. LATE PAYMENTS

  1. We reserve the right to suspend all or part of your access to the Digital Coaching Services indefinitely if you fail to pay any Subscription Fees in accordance with this clause 4.

5. TAX

  1. Unless otherwise indicated, the Subscription Fees do not include VAT or other applicable tax in your jurisdiction (Tax). In relation to any Tax payable for a taxable supply by us, you must pay the Tax subject to us providing a tax invoice.

  1. CARD SURCHARGES

    1. We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

  2. ONLINE PAYMENT PARTNER

  1. We may use third-party online payment partner, currently Monzo (Online Payment Partner) to collect Subscription Fees. 

  2. Provided we have notified you of such Third Party Terms and provided you with a copy of those terms, you acknowledge agree that:

  1. the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found here; https://monzo.com/legal/privacy-notice/version-1-9/

  2. you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and

  3. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 

  1. You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Subscription and clause 18 will apply.

  1. COLLECTION NOTICE AND PRIVACY

    1. We may collect personal information about you in the course of providing you with our Digital Coaching Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

    2. Our Privacy Policy -See privacy policy page contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

    3. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

  2. INTELLECTUAL PROPERTY

    1. OUR IP

      1. Intellectual Property Rights in the Digital Coaching Services and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

      2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.

    2. DEFINITIONS

      1. For the purposes of this clause 7:

        1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

        2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

  3. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

    1. Subject to your agreement of non-disparagement of us and the various programmes, you may publish general information about what you have learnt from the Digital Coaching Services , online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Digital Coaching Services. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

  4. DATA SECURITY

    1. While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Digital Coaching Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

  5. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

    1. THIRD PARTY GOODS AND SERVICES

      1. To provide you with the Digital Coaching Services, we may use goods or services provided by third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms). Such Third Party Terms include:

        1. Sprongo: https://www.sprongo.com/home/legal

        2. MailChimp: [https://mailchimp.com/legal/terms/ ]

        3. Google: https://transparency.google/our-policies/product-terms/google-sites/

        4. Squarespace : https://www.squarespace.com/privacy

      2. Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of Private Coaching.

      3. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Private Coaching.

    2. THIRD PARTY CONTENT

      1. The Digital Coaching Services may contain text, images, data and other content provided by a third party and displayed in the information provided through the Digital Coaching Services  (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

    3. LINKS TO OTHER WEBSITES

      1. The Digital Coaching Services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

      2. Inclusion of any linked website on the Digital Coaching Services does not imply our approval or endorsement of the linked website.

  6. SECURITY

    1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Digital Coaching Services. You should take your own precautions to ensure that the process that you employ for accessing the Digital Coaching Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

  7. REPORTING MISUSE

    1. If you become aware of misuse of the Digital Coaching Services by any person, any errors in the material in the Digital Coaching Services or any difficulty in accessing or using the Digital Coaching Services, please contact us immediately using the contact details or form provided on our Platform.

  8. SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Digital Coaching Services is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

  1. the Digital Coaching Services may have errors or defects;

  2. the Digital Coaching Services may not be accessible at times;

  3. messages sent through the Digital Coaching Services may not be delivered promptly, or delivered at all;

  4. information you receive or supply through the Digital Coaching Services may not be secure or confidential; or

  5. any information provided through the Digital Coaching Services may not be accurate or true.

  1. NOTICES

    1. A notice or other communication to a party under these terms must be:

      1. in writing and in English; and

      2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

    2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

      2. when replied to by the other party,

whichever is earlier.

  1. WARRANTIES

    1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

    2. Nothing in this agreement is intended to limit the operation of the British Consumer Law contained in the The Consumer Rights Act 2015 . Under the Act, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

  2. LIABILITY

    1. liability

      1. To the maximum extent permitted by law and subject to clause 16.1(a), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the total Subscription Fees paid to us by you in the 6 months preceding the date of the event giving rise to the relevant liability.

      2. Clause 16.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 1(b), 3.1(d), 3.1(e), 3.2 and 7.

      3. To the maximum extent permitted by law, Alpine Edge Ski Academy excludes any liability resulting from any injury, loss, damage, or harm you may sustain, or any third party may sustain due to your participation in Ski Training Activities, including but not limited to those arising from the use of information provided via the Digital Coaching Services.

    2. CONSEQUENTIAL LOSS

      1. To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us.

      2. Clause 16.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 1(b), 3.1(d), 3.1(e), 3.2 and 7.

  3. DISPUTE RESOLUTION

    1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

    2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

  4. TERMINATION

    1. cancellation by you

You are responsible for the cancellation of your Subscription. You can cancel your Subscription at any time by using the functionality of the Platform. However, you acknowledge and agree that if you cancel after the commencement of a Renewal Period, you will not be entitled to a refund in accordance with clause 18.4(b).

  1. cancellation by us

    1. We may cancel or terminate your Subscription for convenience by providing you with 10 Business Days notice. If we terminate your Subscription during the course of a Subscription Period, we will provide you with a pro rate refund of the Subscription Fees.

  2. cancellation for breach

    1. Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.

    2. A “Breach” of these Terms means:

      1. a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;

      2. the other party is given 10 Business Days to rectify the breach; and

      3. the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

  3. EFFECT OF TERMINATION

Upon termination of this agreement: 

  1. you will no longer have access to the Digital Coaching Services or your Account;

  2. unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable;

  3. each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated; and

  4. each party must comply with all obligations that are by their nature intended to survive the end of this agreement.

  1. GENERAL

    1. GOVERNING LAW AND JURISDICTION

      1. These terms are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    2. WAIVER

      1. No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    3. SEVERANCE

      1. Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    4. JOINT AND SEVERAL LIABILITY

      1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    5. ASSIGNMENT

      1. You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

    6. COSTS

      1. Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    7. ENTIRE AGREEMENT

      1. These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    8. INTERPRETATION

      1. (singular and plural) words in the singular includes the plural (and vice versa);

      2. (gender) words indicating a gender includes the corresponding words of any other gender;

      3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

      4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

      5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

      6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

      7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

      8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

      9. (includes) the word “includes” and similar words in any form is not a word of limitation; and

      10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.