ADHD Coach Connect Registration

Please read the following terms and conditions carefully before agreeing to them at the bottom of the page to register your interest in the program.

1.           Agreement

1.1      Agreement

(a) This Group Program Agreement (“Agreement”) is entered into by and between you (“you” / “your”) and Catherine O’Kane of ADHD Partners, ABN 83571274433 (“we” / “us” / “our”) (collectively, “Parties”). 

1.2      Interpretation

(a) Headings used in this Agreement are for reference purposes only and will not be used to modify the meaning of the terms and conditions of this Agreement.

2.           Term

(a) The Agreement is entered into and is made effective as of

(i) the date you accept the terms and conditions in Agreement (“Effective Date”) and will remain in effect until the Group Program is completed, unless earlier terminated in accordance with the terms of this Agreement (“Term”).

3.           Group Program

3.1      Group Program

(a) The Group Program is detailed on the following webpage: http://www.adhdpartners.coach/adhd-coach-connect-program (“Program Webpage”). 

(b) In entering into this Agreement, you acknowledge and agree that you have viewed the Program Webpage as at the Effective Date.

(c) The Parties agree that the contents of the Program Webpage as at the Effective Date are incorporated into this Agreement, and that the contents of the Program Webpage will be referred to in this Agreement as “the Group Program”.

(d) You acknowledge and agree that:

(i) the Group Program does not involve the diagnosis or treatment of mental disorders or other medical conditions; and

(ii) the Group Program is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed.

(e) You acknowledge and agree that we may modify the Group Program on 30 days’ notice to you.

(f) You acknowledge and agree that:

(i) you are the sole decision-maker in the coaching process; and

(ii) any and all actions you take in relation to the Group Program, and any consequences that follow from such actions, are your responsibility; and

(iii) we provide no guarantees to you and you are solely responsible for the results produced as a result of your participation in the Group Program; and

(iv) you are responsible for your own physical, mental, and emotional well-being while participating in the Group Program, and the choices and decision made as a result of such participation.

3.2      Our delivery

(a) We may cancel a session of the Group Program for either emergency or illness.  In such event we will provide you with as much notice as is reasonably practicable, and if possible, we will endeavour to reschedule the session to another time.

(b) We may at our sole discretion and for whatever reason, decide to replace your usual coach with a different coach.

3.3      Your participation

(a) You acknowledge and agree that:

(i) the benefits you derive from the Group Program will be at least partly determined by your active participation in the Group Program;

(ii) coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation, and that deciding how to incorporate coaching principles into those areas is exclusively the Client’s responsibility;

(iii) you understand that the benefits you derive from the Group Program depend on your attendance at scheduled sessions;

(iv) you will be respectful and courteous to other participants in the Group Program.

4.           Fees and payment

4.1      Fees

(a) The fees for the Group Program (“Fees”) are set out on the following webpage: www.adhdpartners/adhd-coach-connect-program (“Program Details Webpage”).  The Fees include a monthly payment, as well as any other amounts detailed on the Pinch Payments payment portal.

(b) In entering into this Agreement, you acknowledge and agree that you have read the Program Details Webpage as at the Effective Date.

(c) The Parties agree that the contents of the Program Details Webpage as at the Effective Date (including the Fees and associated conditions) are incorporated into this Agreement, and that the fees (and associated conditions) contained on the Program Details Webpage will be referred to in this Agreement as “the Fees”.

(d) This program is priced based on the number of members. The Fees will not be refunded for the Group Program if you decide to discontinue your participation or are unable to attend.

4.2      Payment

(a) The Fees will be billed every 28 days (unless otherwise specified) via a Pinch Payments payment plan.  By providing your credit, debit or bank account details and other information, and selecting the “Confirm” button (or similar such button) displayed on www.adhdpartners.coach or https://app.getpinch.com.au, you are purchasing the Group Program and are agreeing to allow us to charge you for amounts payable to us pursuant to this Agreement.

(b) You agree to ensure that sufficient funds are available in your nominated account on the day payment is due each month.

5.           Your warranties

(a) You represent and warrant to us that:

(i) to the best of your knowledge, you are in good mental, physical, emotional, and psychological health; and

(ii) you have no reason to believe that participation in the Group Program may cause you any harm or distress.

(b) Each of the warranties set out in clause 5(a) are taken to be given by you on the Effective Date, and on each subsequent day until this Agreement is terminated or expires.

6.           Confidentiality

6.1      Confidential Information

(a) For the purposes of this clause 6, “Confidential Information” includes any information provided by one Party to the other Party during the course of the Group Program.

(b) Confidential Information does not include information that:

(i) was in our possession prior to its being furnished by you;

(ii) is generally known to the public or in your industry;

(iii) is obtained by us from a third-party, without breach of any obligation to the you;

(iv) is independently developed by us without use of or reference to information provided by you; or

(v) we are required by statute, lawfully issued subpoena or by court order to disclose;

(vi) is disclosed to us and as a result of such disclosure the we reasonably believe there to be an imminent or likely risk of danger or harm to you or others; or

(vii) involves illegal activity.

6.2      Obligations of confidence

(a) Subject to clause 6.2, each Party agrees to maintain the confidentiality of the Confidential Information of the other Party. 

(b) You agree to maintain the confidentiality of any information shared by other participants in the Group Program.

6.3      Exceptions

(a) You acknowledge and agree that:

(i) your participation in the Group Program may involve disclosure of your identify and other personal information (as that term is defined in the Privacy Act 1988 (Cth)) (“Shared Information”) with other participants in the Group Program;

(ii) we cannot provide any guarantee as to what use other participants may make of any Shared Information; and

(iii) you release us and hold us harmless from any claims, losses, injuries, damages, and expenses of any kind that may result from the disclosure of any Shared Information.

(b) You acknowledge and agree that we may record video conference sessions you participate in as part of the Group Program for educational, training and/or program delivery purposes, and you consent to such recording. 

(c) Notwithstanding anything in this Agreement to the contrary, you acknowledge that it is impossible to protect the confidentiality of information transmitted electronically via e-mail, mobile phones or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Accordingly, you release us from any claim arising from the interception of your information resulting from the use of the above-mentioned equipment.

7.           Intellectual Property

7.1      Definition

(a) For the purposes of this clause 7, the term “Intellectual Property” means all intellectual property rights and interests (including common law rights and interests) owned or held by us or used by us in connection with the provision of the Group Program, including:

(i) all intellectual property developed or created by any past or present employee or contractor of ours;

(ii) all technological or other systems or means for gathering, storing, accessing, perusing, altering, downloading, transmitting or otherwise using any information used in or developed in connection with the provision of the Group Program; 

(iii) all formulae, methods, plans, data, drawings, specifications, characteristics, equipment designs, inventions, discoveries, improvements, know-how, experience, trade secrets, confidential information or other information used in, or developed in connection with the provision of the Group Program; and

(iv) licences or similar user rights in respect of any such rights or interests.

7.2      Ownership

(a) All right, title and interest and all Intellectual Property and all concepts, systems, written, graphic and other materials provided by us to you in connection with the Group Program (“Program Materials”) will at all times remain our property.

(b) You must not use, copy or adapt any of the Program Materials (other than as part of your participation in the Group Program), or to incorporate the same into any other work, without our express prior written consent.

8.           Force Majeure

8.1      Definition

For purposes of this Agreement, the term “Force Majeure Event” means any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which:

(a) is not caused by, and is not within the reasonable control of, the nonperforming Party, and

(b) prevents the nonperforming Party from its obligations under this Agreement.

8.2      Force Majeure Event

(a) Either Party will be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the nonperforming Party complies with its obligations as set forth below.

(b) The obligations and rights of the Party so excused will be extended on a day-to-day basis for the time period equal to the period of the Force Majeure Event.  When the Force Majeure Event has abated, the parties’ respective obligations under this Agreement shall resume.

(c) Upon occurrence of a Force Majeure Event, the nonperforming Party will do all of the following:

(i) immediately make all reasonable efforts to comply with its obligations under this Agreement;

(ii) promptly notify the other Party of the Force Majeure Event;

(iii) advise the other Party of the effect on its performance;

(iv) advise the other Party of the estimated duration of the delay;

(v) provide the other Party with reasonable updates; and

(vi) use reasonable efforts to limit damages to the other Party and to resume its performance under this Agreement.

9.           Liability

9.1      Definitions

For the purposes of this clause 9, the term “Liabilities” will be taken to mean all claims, demands, actions, proceedings, losses, damages, (including loss and damage to property), fines, penalties, costs, expenses (including legal fees on an indemnity basis) and other liabilities, whether arising in contract, tort (including negligence), equity, under statute or on any other legal basis.

9.2      Exclusion of warranty

To the extent permitted by law, we exclude all, representations, terms, conditions, warranties or guarantees (including as to acceptable quality, fitness for purpose, satisfaction of your requirements or timeliness) that are not expressly set out in this Agreement and you agree that you have not relied on any such matters. If any such term is implied or imposed in relation to the Agreement and cannot be excluded, then to the extent permitted by law, our liability for a breach of such term is limited to one or more of the following at our option:

(a) in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(b) in relation to services, the re-supply of the services or the payment of the cost of resupplying the services.

9.3      Exclusion of consequential loss

To the extent permitted by law, we exclude all Liability to you (and anyone claiming through you) for loss of profits, opportunity, income, revenue, data, goodwill, business or anticipated savings, pure economic loss, loss of value of equipment (other than cost of repair) or expectation loss, damage to reputation, or any indirect, consequential, special, punitive or exemplary loss or damage, even if it was reasonably foreseeable, arose naturally, or was contemplated by the parties in relation to the events giving rise to that Liability.

9.4      Liability cap / exclusion of liability

Without limiting clause 9.1 and 9.3, to the extent permitted by law, the total aggregate amount of our Liability arising under or in connection with this Agreement is limited to the amount of the Fees you have paid to us under this Agreement. 

9.5      Indemnity

You indemnify us against any Liabilities we may suffer or incur (including in connection with a third-party claim brought or threatened against us), which arise in connection with:

(a) the use or attempted use (including fraudulent use) of the Services by any person;

(b) any loss or damage caused by your acts or omissions; and

(c) your breach of this Agreement.

10.       Suspension

10.1      Suspension

We may immediately suspend your participation in the Group Program, without affecting our rights under clause 11, where:

(a) you have failed to pay an invoice in accordance with clause 4.2; or

(b) we reasonably believe you have breached the Agreement.

10.2      Fees

Fees will continue to be payable during the period of any suspension.

10.3      End of suspension

We will end any suspension as soon as reasonably practicable. If we have suspended Services under clause 10.1(b), we may first require you to remedy any breach.

11.       Termination

11.1    Termination for convenience

(a) You may terminate your participation in the Group Program at any time however this Agreement may not be terminated for convenience by you and will remain in effect.

(b) We may terminate this Agreement on seven (7) days’ written notice to you.

(c) We may terminate this Agreement on one (1) days’ written notice to you if the minimum number of participants has not been reached prior to the commencement of the program.

11.2    Termination for cause

(a) This Agreement may be terminated with written notice by either Party with immediate effect upon the other Party’s breach of the terms herein of this Agreement.

(b) In the event that we terminate this Agreement pursuant to clause 11.2(a), you forfeit any refund of Fees paid by you prior to the date of termination.

11.3    Termination for Force Majeure Event

If a Party’s obligations under this Agreement are interrupted by a Force Majeure Event for a period in excess of thirty (30) days, then either Party may terminate this Agreement upon five (5) days’ notice to the other Party.

12.       Dispute resolution

(a) The parties must use all reasonable endeavours to settle expeditiously, by negotiation in good faith, any dispute in relation to this document in accordance with this clause 12 before instituting legal proceedings.

(b) If a Party notifies the other Party that a dispute has arisen under or relating to this Agreement, then within 10 days of that notification being given, the parties must:

(i) each appoint a representative to meet and discuss the dispute; and

(ii) ensure that their representatives meet and use all reasonable endeavours, acting in good faith, to negotiate an agreement on the dispute.  

(c) If a dispute is not resolved within the 10 days period referred to in clause 12(b), then either Party may institute legal proceedings without further notice. 

(d) Despite the existence of a dispute, each Party must continue to perform its obligations under this Agreement.

(e) Notwithstanding this clause 12, nothing in this Agreement prevents a Party from applying to a court of competent jurisdiction for interim relief pending the resolution of a dispute in accordance with this Agreement. 

13.       Notices

All notices and other communications required or permitted under this Agreement will be in writing and will be deemed delivered when sent by e-mail to the previously notified e-mail address of the receiving Party.

14.       General

14.1    Entire Agreement

This Agreement, together with all attachments and documents incorporated by reference herein, constitute the entire agreement between the parties, represent the final expression of the parties’ intent, contain all the terms and conditions that the parties agreed to relating to the subject matter, and replaces and supersedes all prior discussions, understandings, agreements, negotiations and any and all prior written agreements between the parties.

14.2    Variation

We may amend these terms and conditions on written notice to you.  Such amendments will have effect no less than ten (10) days after the date upon which you receive our notice.  If the amendments adversely affect your rights under this Agreement, then you may terminate your Agreement on written notice to us at least five (5) days before the amendments come into effect.  If we do not receive any notice from you within that timeframe, then you will be deemed to have accepted the amendments, and the Agreement will continue in force (as amended).

14.3    Severability

If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this Agreement.

14.4    Survival

All provisions that logically ought to survive termination of this Agreement, including but not limited to clauses 4, 6, 7, 8, 12 and 14, will survive the expiration or termination of this Agreement.

14.5    No Waiver

The failure of any Party to insist upon strict compliance with any of the terms, covenants, duties, agreements or conditions set forth in this Agreement, or to exercise any right or remedy arising from a breach thereof, will not be deemed to constitute waiver of any such terms, covenants, duties, agreements or conditions, or any breach thereof.

14.6    Governing law

This Agreement will be governed and construed in accordance with the laws of the State of Victoria, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of the State of Victoria.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia, including, for the avoidance of doubt, the Federal Court of Australia sitting in the State of Victoria.

14.7    Counterparts

The parties agree that this Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will be deemed one and the same Agreement. The parties further agree that providing your personal details below, ticking the '“Yes, I accept the above Terms and Conditions” check-box shall carry the same weight and effect as traditional paper documents and handwritten signatures.