Terms and Conditions

1 – About the Site

Welcome to www.coachingbyniti.com (the Website). Here we provide you with an opportunity to browse and consider the purchase of various services, including coaching services, Diversity, Equity, and Inclusion consulting services and speaking engagements (the Services).

Access to and use of the Website, or any of its associated products or Services is provided by Coaching by Niti Pty Ltd (as Trustee for the NN & RN Family Trust ABN 68 567 948 414) (Coaching by Niti/us).

The Website may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Website.

By using and browsing the Website, you agree that you have read, understood and agree to be bound by these terms and conditions (the Terms) (which we reserve the right to update). Please read them carefully. If you do not agree with the Terms, you must immediately cease usage of the Website, or any of the Services immediately.

2 – Some Site Rules

It is a condition of use that:

  • you only use the Website for lawful purposes;
  • you do not engage in any improper, indecent or offensive behaviour or partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us);
  • you must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Website.
  • you do not breach any of the Terms.

3 – Website Availability

We make no guarantees, implied or express, as to the ongoing availability of the Website or Services. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.

4 – Privacy

We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy which sets outs how we collect, use, disclose and handle your personal information.

5 – Intellectual Property

The Website, the Services and all of the related products of Coaching by Niti are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the Content) are owned or controlled for these purposes, and are reserved by Coaching by Niti or its contributors.

We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Coaching by Niti; or
  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Coaching by Niti and the permission of any other relevant rights owners: broadcast, republish, u-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.

6 – Limitation of Liability & Indemnity

Use of the Website is at your own risk.

Everything on the Website, the Services, and any related products of Coaching by Niti are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Coaching by Niti make any express or implied representation or warranty about its Content or any Services (including the products or Services of Coaching by Niti) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Webste);
  • costs incurred as a result of you using the Website, the Services or any related products;
  • the Content or operation in respect to links which are provided for the user’s convenience;
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

However, to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of information or Services to you.

7 – Termination

We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Website and Services.

8 – Disputes

If a dispute arises in connection with the Terms, you agree to try and resolve it amicably via a good faith discussion first. Failing that, the parties agree to resolve the matter via a mediation held in Melbourne.

The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. The parties must pay their own costs associated with the mediation.

Either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the above steps have been complied with (except where urgent interlocutory relief is sought).

The parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute or the Chair’s designated representative.

The Resolution Institute Mediation Rules shall apply to the mediation.

It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.

General

The Terms and the contract been you and us are governed by the laws of Victoria, Australia.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.