TERMS AND CONDITIONS
Last Updated: 6th January 2020.
These Terms of Service (these “Terms”) apply to the services (the “Services”) provided by Caron Margarete Pty Ltd (“CM”, “the Company”, “I”, or “me”).
By registering to use or access the services or otherwise using or accessing the site and/or services, you acknowledge and agree that: a) you have read these terms; b) you understand all of the terms and conditions of these terms; and, c) you agree to be legally bound by all of the terms and conditions set out in these terms.
The Company reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of the Company) at any time and in its sole discretion. If the Company makes changes to these Terms, we will provide notice of such changes, such as by sending you an email, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Services.
Your continued use of any of the Services will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services to make sure that you understand the terms and conditions that will apply to your use of the Services.
For purposes of these Terms, “CM” refers to Caron Margarete Pty Ltd the company and Caron Margarete and investors, directors, officers, employees, agents, and representatives of the company.
1. ELIGIBILITY
You represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using the Services.
2. SERVICES
[CALC]
2.1 Care
Spirited conversations are welcome, in fact, I insist on them. You do not have to agree, but you do need to agree to disagree respectfully. There are no comparisons or judgements in this group, only support. This isn’t a competition. No one is the best and no one is better than anyone else. No bullshit. No wankers.
2.2 Communicate openly
Bring your weird and wonderful self to the conversation. Be open, honest and real about where you’re at in your leadership journey. That said, keep your borderline inappropriate jokes, politics and controversial thoughts inside your head. We’re here to discuss leadership and its applications to business and life.
2.3. Collaborate
- recommend resources on leadership
- comment on the discussion questions
- share your story but do not self-promote, sell or advertise
- provide feedback, improvement suggestions or constructive criticism for this group’s management so we can make this a rewarding experience for everyone
- invite others to join if they do not work for the same organisation and will not negatively impact your ability to be yourself (they’ll still need to complete the application process).
2.4 Members are responsible for the administration of their monthly subscription. If you want to pause your subscription, you may at any time, however, you will not be able to remain in the group. You may rejoin at any time without the need to reapply.
2.5 This is an ACTIVE group so there is a high expectation that you will:
- read/listen to the book
- respect your own schedule and dedicate some time to conversations in the group on a weekly basis.
- join the zoom call most months (I know, life happens so missing one or two will not be a deal-breaker)
2.6 The format for the zoom call will be the same each month:
- New members are first asked to introduce themselves briefly (we do not spend time on introductions in each meeting, networking is what this group is for)
- Each person provides, in turn, a take away from the book (referencing a specific part of the text) and explains why & how it affected them
- Each member is given an opportunity to raise a challenge they’re experiencing they’d like the group’s help to resolve.
2.7 All calls will be recorded for NDA compliance purposes, no call recording will be made available to any member ever.
2.8 Access to Services
On the condition that you comply with these Terms, the Company hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any of the Company Material therein) solely for the purpose of enabling you to use the Services in the manner permitted by these Terms. If the Company, in its sole discretion, elects to provide any upgrade that replaces or supplements the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
2.9 Modification of the Services
The Company may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services at any time, with or without notice to you. If you no longer wish to use the Services following any such modifications, you may terminate these Terms.
2.10 Third-Party Services
The Services require the use of certain third party products and services (“Third Party Services”) identified on the Site. Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to the usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges.
The Company may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.
3. FEES AND PAYMENT TERMS
3.1 Subscription costs Au$50 per month on an ongoing basis.
3.2 Payments are processed through Stripe. Credit cards are encrypted and managed by the user through the Stripe customer portal.
4. RESTRICTIONS ON USE OF SERVICE
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by the Company, you will not do, and will not permit any third party to do, any of the following:
- rent, lease, lend, sell, sublicense, or create derivative works of the Services;
- distribute the Services or make the Services available over a network where it could be used by multiple devices at the same time;
- modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Services or any part of the Services, except to the extent required by applicable law;
- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Services;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit the Company’s other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services;
- use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any activity that violates these Terms;
- attempt to gain unauthorized access to the Services or their related systems or networks;
- use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the rights of the Company or any third party;
- impersonate or use the Services by misrepresenting your affiliation with a person or entity;
- build a competitive product or service, or copy any features or functions of the Services;
- disclose to any third party any performance information or analysis relating to the Services; or
cause or permit any third party to do any of the foregoing. If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of the Company, which may subject you to prosecution and damages.
5. ACCEPTABLE USE POLICY
In using the Services, including in any video chat or one-on-one interaction with other Users, regardless of whether they believe they have been prompted by other Users to do any of the following, may not upload, use, create, transmit, store, display, distribute, share or otherwise make available any content, descriptions, or information that:
- is illegal or fraudulent or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offence;
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;
- is obscene, pornographic, indecent or sexually explicit;
- depicts graphic, excessive or gratuitous violence, or make any threats to commit violent acts;
- is derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive, hateful, harassing, humiliating to other people (publicly or otherwise), libellous or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
you know is untruthful; or - infringes, misappropriates or violates the intellectual property or proprietary rights of others (including, but not limited to, rights of privacy and rights of publicity). the Company reserves the right but is not obligated, to investigate any violation of this Section 6 or misuse of the Services or the Site.
- Enforcement of this Section 6 is solely at the Company discretion, and failure to enforce this Policy in some instances does not constitute a waiver of the Company’s right to enforce this Section 6 in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services or the Site will be free from conduct or content that violates this Section 6. The Company may, in its sole discretion, remove or disable access to any content for any reason without obligation to disclose such reason(s), including if the Company believes that such content violates these Terms or any other agreement we have with you for use of the Services or the Site.
6. OWNERSHIP AND RESERVATION OF RIGHTS
The Company reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication or estoppel, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by the Company.
The Company reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) (collectively “CoCo Unlimited Ltd”). The Company Material includes any information, videos, or images delivered by the Company via a Third Party Service in the course of providing the Services.
The Company Material is confidential, and you may not disclose the Company Material that you have received in the course of the Services or otherwise. The Company Material is protected in all forms, media, and technologies now known or later developed.
7. TRADEMARKS
The Company name, trademarks, logos, and any other Company product, service name, or slogan included in the Services are property of the Company and may not be copied, imitated, or used (in whole or in part) without the Company’s prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of the Company and may not be copied, imitated, or used (in whole or in part) without the Company’s prior written consent.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks is solely for the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by the Company and its licensors with such company or an endorsement or approval by such company of the Company or its licensors or their respective products or services.
8. FEEDBACK
You agree not to submit any feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
9. HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the services, provided such link does not portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any company marks or other proprietary graphic of the Company to link to the services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the Company materials, the content of any text or the layout/design of any page or form on the services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of the Company or any third party.
10. SUSPENSION AND TERMINATION
The Company may suspend your license or subscription to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Services. The Company reserves the right but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. The Company may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
11. DISCLAIMER
Your use of the services is at your sole discretion. The services are provided on an “as is” and “as available” basis. The Company disclaims any warranties and representations (express or implied, oral or written) with respect to these terms, the services, the Company material, and third-party trademarks, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement and condition of title.
To the fullest extent permitted by applicable law, the company does not warrant, and disclaims all liability for a) the completeness, accuracy, availability, timeliness, security or reliability of the service or any Company material; b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service or any Company material; c) the deletion of, or the failure to store or to transmit, any communications maintained by the service; d) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and, e) the content and nature of any information or advice you receive from coaches via the services.
You acknowledge that you are solely responsible for your use of any information or advice received in the course of using the services from the Company and/or its representatives. No advice or information, whether oral or written, obtained from the Company or through the service will create any warranty not expressly made in these terms.
You acknowledge that you are solely responsible for the security of the device(s) with which you access the system. Any intrusion resulting from a phishing attack, breaching of your password, and any other security risks promulgated via the device or method that you use to access the platform is not the responsibility of the platform provider or other users of the platform, who are not liable for any damage or loss suffered by you.
12. INDEMNIFICATION
At your sole expense, you will defend, indemnify and hold the Company and its Representatives to not be liable in the case of any and all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, (b) any harm to your computer system, loss of data, or other harm that results from changes to the Services such as enhancements or upgrades to the Services, or (c) your breach of these Terms.
13. LIMITATION OF LIABILITY
In no event will the Company or its representatives be liable to you for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever arising out of or relating to these terms or the Company intellectual property, however, caused, regardless of the theory of liability – contract, warranty, tort (including negligence, whether active, passive or imputed, or emotional distress), product liability, strict liability or other theory – even if the company has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
Further, in no event will the Company or its representatives total liability arising out of or related to these terms exceed the greater of US$100 or the amount you paid to the Company during the subscription period (whichever total is lower) within which the damages arose.
14. ARBITRATION
Please read the following provisions carefully because they require you and CM to arbitrate disputes and limit the manner in which both parties can seek relief.
You and the Company will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor the Company is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents.
Arbitration prevents you and the Company from suing in court or from having a jury trial. The arbitration will be conducted confidentially in Australia by a single arbitrator appointed locally in Australia. Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines apportion fees and expenses differently.
To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Services, and neither you nor CM will commence against the other a class action, class arbitration or other representative action or proceeding.
15. MISCELLANEOUS
15.1 Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of Australia. The courts located in Australia will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and the Company hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of England and Wales without resort to its conflict of law provisions.
15.2 Assignment
You may not assign, delegate or transfer these Terms or any right, title, interest or obligation hereunder without the prior written consent of the Company. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. The Company may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
15.3 Third-Party Beneficiaries
All current and former Coaches are third party beneficiaries of Sections 11-16 hereunder.
15.4 Electronic Communications
You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
15.5 Force Majeure
The Company will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, the action of government, communications, power failure, or equipment or software malfunction.
15.6 Headings
Headings of sections are for convenience only and will not be used to limit or construe such sections.
15.7 Severability
If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
15.8 Survival
Notwithstanding any terms to the contrary in these Terms, Sections 6-8 and 10-14 will survive any termination of these Terms.
16. PRIVACY COMPLIANCE
CM has a legal duty to protect any information it collects from you. CM is committed to the principles inherent in the GDPR, akin to those of all countries. We are committed to the concepts of privacy by design, the right to be forgotten, consent, and a risk-based approach. In addition, we aim to ensure (a) transparency with regard to the use of data, (b) that any processing is lawful, fair, transparent and necessary for a specific purpose, (c) that data is accurate, kept up to date and removed when no longer necessary and that data is kept safely and securely. To learn more visit: coco-unlimited.com/privacy
CONTACT
With enquiries regarding our terms and conditions, please contact us:
caz@caronmargarete.com
Subject: Terms and Conditions Compliance